California State Parole Term Lengths

I. CONTROLLING DISCHARGE DATE (CDD) & MAXIMUM DISCHARGE DATE (MDD):
Three-year base period, maximum period of four years:
    People who were sentenced to a determinate (set-length) prison term, and who do not fall into any of the other categories listed below. Longer parole periods apply to people convicted of serious sex crimes or sentenced to life with the possibility of parole.
    People sentenced to life with the possibility of parole for offenses committed before January 1, 1979.[1112]
Five-year base period, maximum period of seven years:
    People convicted of a violent sex crime listed in Cal. Penal Code § 667.5(c)(3)-(6), (16), or (18) committed between July 19, 2000, and September 19, 2006, or between November 7, 2006, and September 9, 2010. This provision also applies to people convicted of a violent sex crime listed in Penal Code § 667.5(c)(11) committed between January 1, 2003, and September 19, 2006, or between November 7, 2006, and September 9, 2010.[1113]
    People sentenced for a sex crime under Cal. Penal Code § 661.61 (the “one strike” law) committed between July 19, 2000, and September 19, 2006 (note that the base term can be extended for an additional five years if the prisoner is deemed to pose a danger to society; as of January 1, 2002, either the original or extended parole period can be increased to a maximum of seven years). This also applies to people sentenced under Penal Code § 667.71 (recidivist sex offenders) for offenses committed from January 1, 2003, through September 19, 2006.[1114]
    Life prisoners who committed their offenses on or after January 1, 1979, and who do not fall into some other category.[1115]
Ten-year base period, maximum period of fifteen years:
    People convicted of a violent sex crime listed in Penal Code § 667.5 (c)(3)-(6), (11), (15), (16), or (18) committed between September 20, 2006, and November 6, 2006. This provision also applies to people convicted of a violent sex crime listed in Cal. Penal Code § 667.5 (c)(3)-(6), (11), or (18) committed on or after September 9, 2010, and who do not fall into some other category.
    People sentenced to life with the possibility of parole for a sex offense under Cal. Penal Code §§ 209(b) [with intent to commit a sex offense], 269, 288.7, or 667.51 committed between September 20, 2006, and November 6, 2006.[1116]
    People sentenced to life with the possibility of parole for a sex offense under Cal. Penal Code §§ 667.61 or 667.71 committed on or after September 20, 2006, and who do not fall into some other category.
Twenty-year and six month base period with a maximum life-long parole:
    People convicted of a sex offense under Cal. Penal Code §§ 261, 262, 264.1, 286, 288a, 288(b)(1), 288, 288.5, or 289 if the victim was under 14 years of age and the offense was committed on or after September 9, 2010. These parolees can be kept on parole longer, even without parole violations, upon a finding of good cause.[1117]
Life-long parole period:
    People sentenced to life with the possibility of parole for first- or second-degree murder committed on or after January 1, 1983 (BUT NOT CONSPIRACY TO COMMIT ANY DEGREE OF MURDER).[1118]
    People sentenced to life with the possibility of parole under Penal Code § 209(b) [with intent to commit a sex offense] committed on or after September 9, 2010.[1119]
    Prisoners sentenced to life with the possibility of parole for sex offenses under Cal. Penal Code §§ 269, 288.7(c), 667.51, 667.61(j), (l), or (m), or 667.71 [if victim under age 14] committed on or after September 9, 2010.[1120]
II. PRESUMPTIVE DISCHARGE DATE (PDD):

Most parolees can be discharged from parole early if they successfully complete a certain amount of parole time and the BPH does not find good cause to retain them on parole.[1121] This is called the “presumptive discharge date” (PDD). If a parolee fits into more than one category, the longer period applies.

    Six months: Any person with a determinate sentence for non-violent, non-serious, non-sex offenses, provided the offense took place before June 27, 2012.
    One year: Any person who has a three-year parole term following a determinate sentence for a serious felony listed in Penal Code §§ 1192.7 or 1192.8(a) or for an offense requiring registration as a sex offender.
    Two years: Any person who has a three-year parole term following a determinate sentence for a violent felony listed in Penal Code § 667.5(c), provided the offense took place before June 27, 2012.
    Three years: Any person who has a five-year parole term following a determinate sentence for a violent felony listed in Penal Code § 667.5(c) provided the offense took place before June 27, 2012 or following an indeterminate life sentence for a crime other than murder.
    Five years: Any person sentenced to an indeterminate life sentence for second- degree murder.
    Six years and six months: Any person with a ten-year parole term following an indeterminate life sentence under Penal Code §§ 209(b) [with intent to commit a sex offense], 667.51, 667.61, or 667.71.
    Seven years: Any person sentenced to an indeterminate life term for first-degree murder.
    No presumptive discharge date: Any person serving a life-long parole period following an indeterminate life term for a sex offense under Penal Code §§ 269, 288.7(c), 667.51, 667.61(j), (l), or (m), or 667.71 [if a victim was a child under age 14]. There is also no presumptive early discharge for parolees who were sentenced to prison for offenses committed between July 1, 1977, and December 31, 1978.[1122]
  1. 1112

    Cal. Penal Code § 3000(b); 15 Cal. Code Regs. § 2515(e); In re Wilson, 30 Cal.3d 438, 440-41 (1981) . ↑

  2. 1113

    Cal. Penal Code § 661.61. ↑

  3. 1114

    Cal. Penal Code § 661.61. ↑

  4. 1115

    Cal. Penal Code § 3000(b)(1); 15 Cal. Code Regs. § 2515(d). ↑

  5. 1116

    This provision also purports to apply to people sentenced to life with the possibility of parole under Cal. Penal Code § 209 [with intent to commit a sex offense] or § 667.51 committed on or after September 9, 2010. However, such offenses appear to be covered by the life-long parole provision in Cal. Penal Code § 3000.1. ↑

  6. 1117

    Cal. Penal Code § 667.61(e). ↑

  7. 1118

    Cal. Penal Code § 3000.1; 15 Cal. Code Regs. § 2515(f). ↑

  8. 1119

    Cal. Penal Code §§ 3000(b)(3) and 3000.1(a)(2). There is a discrepancy between the statutory language and the stated legislative intent to require life-long parole for “habitual sex offenders [and] persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sex offense.” Legis. Couns. Dig. Assem. Bill No. 1844, Ch. 219. Thus, there is potentially an argument that prisoners convicted under § 209(b) should be subject to only a 10-year parole term if the victim is over 14 years old. ↑

  9. 1120

    Cal. Penal Code § 667.61(e). ↑

  10. 1121

    Cal. Penal Code §§ 3000, 3000.1, 3001. ↑

  11. 1122

    15 Cal. Code Regs. § 2535(b)(5). ↑