What county will I be paroled to, and who decides?

You will most likely be paroled from prison to the county where you last lived (called your “last legal residence”).[353]

However, CDCR will place you on parole in a different county if it would be “in the best interests of the public.”[354] This exception may apply to you if you were convicted of certain violent felonies (including murder, voluntary manslaughter, mayhem, rape, sodomy by force, oral copulation, lewd acts on a child under 14, or any felony punishable by death), or a crime involving stalking or a great bodily injury enhancement. In any of these cases, you will not be paroled to a county where you would be within 35 miles of the residence of a victim or witness if: (1) the victim or witness has requested additional distance, and/or (2) the BPH or CDCR finds that there is a need to protect the victim or witness.[355] If the BPH or CDCR decides to send you to another county for parole, the deciding agency must provide a written statement of the reasons for its decision.[356]

Can I transfer my parole to a different county?

For information on how to request a transfer of your parole location from one county to a different county, see PG. 185, or from one state to a different state, see PG. 217.

  1. 353

    See Cal. Penal Code § 3003(a).

  2. 354

    Cal. Penal Code § 3003(b). A county that wants a parolee to be sent somewhere else must show that the parole authorities have abused their discretion when choosing the county of parole. McCarthy v. Superior Court, 191 Cal. App. 3d 1023, 1027 (1987); City of Susanville v. CDCR, 204 Cal. App. 4th 377 (2012).

  3. 355

    Cal. Penal Code § 3003(f) and (h). This provision does not apply to the victim’s next of kin. In re David, 202 Cal. App. 4th 675 (2012).

  4. 356

    Cal. Penal Code § 3003(b).