1. (a) Incarcerated or supervised persons who meet the following criteria shall be placed on non-revocable parole, as described in section 3000, and pursuant to Penal Code (PC) section 3000.03:

   1. (1) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with section 290) of Title 9 of Part 1 of the PC.
   2. (2) Does not have a commitment offense that is a serious felony as defined in PC sections 1192.7 and 1192.8, or a violent felony, as defined in PC section 667.5.
   3. (3) Does not have a prior conviction for a serious felony as defined in PC sections 1192.7 and 1192.8, or a violent felony, as defined in PC section 667.5.
   4. (4) Does not have a current or prior conviction for a sexually violent offense as defined in Welfare and Institutions Code, section 6600(b).
   5. (5) Has not been found guilty of a serious disciplinary offense as defined in this section.
   6. (6) Is not validated as a STG-I member or associate as defined in section 3000.
   7. (7) Has signed a notification of parole requirements which include, but are not limited to an agreement to search by law enforcement pursuant to PC section 3067.
   8. (8) Has a low or moderate probability of felony arrest after release to parole upon assessment of risk pursuant to section 3768.1.
2. (b) Notwithstanding any other provision of this Title, the department is not required to provide services or programs for supervised persons on non-revocable parole.
3. (c) For purposes of this section, a serious disciplinary offense is defined as an act of misconduct during the current term of imprisonment, with the exception of possession of incarcerated person manufactured alcohol, which resulted in a finding of guilt for a Division A through C offense pursuant to section 3323(a) through (e).

Note: Authority cited: Section 5058.3, Penal Code. Reference: Sections 3000.03, 3067 and 5054, Penal Code.

History

1. New section filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).

3. Amendment of subsection (a)(6) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).

4. Change without regulatory effect amending subsections (a) and (b)-(c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).