Section 3079.1 - Postrelease Community Supervision Exclusionary CriteriaThe following shall make an incarcerated person ineligible for Postrelease Community Supervision:
(a) An incarcerated person serving a current term for a serious felony, as described in Penal Code (PC) Section 1192.7(c) or 1192.8.(b) An incarcerated person serving a current term for a violent felony described in PC section 667.5(c).(c) An incarcerated person serving a life term.(d) An incarcerated person who is determined by the California Department of Corrections and Rehabilitation to be a High Risk Sex Offender, as defined in section 3582.(e) Any incarcerated person who is determined to require a condition of parole as an offender with a mental health disorder, pursuant to PC section 2962.(f) The incarcerated person is subject to a period of parole exceeding three years their current offense, pursuant to PC section 3000.Cal. Code Regs. Tit. 15, § 3079.1
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3451 and 5054, Penal Code.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3451 and 5054, Penal Code.
1. New section filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
3. Change without regulatory effect amending subsection (e) filed 6-7-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 23).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).