If I am on state parole, what law sets the length of my parole?

If you are on state parole, the length of your parole period is set by state law[383] and is based on your commitment offense (the crime you are or were incarcerated for), and the date when the commitment offense occurred (NOT the date you were sentenced or released).[384]

In most cases, there is a minimum parole period that can be increased up to a maximum parole period if you commit parole violations.[385] Because state laws set the minimum and maximum parole term lengths, the date that a person actually gets off parole will be determined by a number of factors. See PG. 153 for more information.

There are three discharge dates to know — your controlling, maximum, and presumptive discharge date — that all affect when you can get off parole. And there are a number of factors that interact with those three dates to determine whether you can get off parole earlier or later than expected. See the chart on PG. 153 below for details about these three discharge dates.

You can find the parole term lengths in California Penal Code § 3000(b) (for set-length parole terms) and § 3000.1 (for life-long parole terms). For your reference, we have included copies of the current versions of these laws in Appendix F, PG. 265. (The California Penal Code is a body of laws that apply to crimes, parole, and other criminal justice system-related laws in California). To look up the discharge dates that apply to you, see Appendix C, PG. 261 of this chapter.

WHAT STOPS THE CLOCK FOR MY LENGTH OF TIME ON PAROLE?

The clock for your parole period is paused if:(1) YOU GO MISSING: Any time you “abscond” from parole (go missing or fail to report to your parole agent), and any time you are not available for parole supervision, this “stops the clock” and does not count toward the parole period. (2) YOU HAVE TO GO THROUGH SEXUALLY VIOLENT PREDATOR (SVP) PROCEEDINGS: The parole term is “tolled” (paused) until the SVP proceedings are dismissed or you are discharged from the Department of State Hospitals (DSH).(3) YOU ARE SENT TO COUNTY JAIL (NOT PRISON) FOR A NEW FELONY CONVICTION. If you are sentenced to a county jail term for a new felony conviction, you will stay on parole while serving your jail sentence, but the clock will pause on your parole term. If the jail sentence ends before your controlling discharge date (CDD) (see the chart below), you must report to your parole officer upon release and finish serving your original parole term. But if you are sentenced for a new felony conviction, your parole will just be forgotten about — it isn’t paused, but it no longer matters.

THE 3 DISCHARGE DATES TO KNOW TO FIGURE OUT WHEN YOU GET OFF STATE PAROLE

CONTROLLING DISCHARGE DATE (CDD)

MAXIMUM DISCHARGE DATE (MDD)

PRESUMPTIVE DISCHARGE DATE (PDD)

THE CDD IS YOUR BASE PAROLE PERIOD.

For example, if someone is on parole for 5 years with a maximum of 7 years, then the Controlling Discharge Date (CDD) is 5 years from the day of release from state prison.[386]

THE MDD IS THE MAXIMUM TIME YOU CAN BE HELD ON PAROLE.

For example, if someone is on parole for 5 years with a maximum of 7 years, then the Maximum Discharge Date (MDD) is 7 years from the day of release from state prison.[387]

THIS IS THE DATE YOU ARE ELIGIBLE TO GET OFF PAROLE EARLY.

The PDD is the date you can be discharged from parole, and the date that you should be discharged if the BPH does not find “good cause” (a good reason) to retain you.[388] This date is always before your CDD (base term). You can only get off on your PDD if you have served parole continuously without disruptions, meaning no violation time, suspensions, or “dead time” for absconding (going missing or failing to report to your parole agent).

For example, someone might have a 5-year parole length with a Presumptive Discharge Date (PDD) of 3 years. This means that the person is eligible to be discharged after 3 continuous years on parole.

IMPORTANT! Some people do not have a PDD—meaning certain individuals do not have a date on which they are eligible to get off parole early.[389]

HELPFUL HINT

In addition to these three very important dates, you can ask your parole agent to recommend that you get off parole even earlier than your presumptive discharge date (PDD) — but this is very hard to achieve. For you to get off parole earlier than your PDD, every level of authority has to agree: the parole agent and his or her supervisor, the Regional Administrator for your parole region, and, the Board of Parole Hearings (BPH) must each approve your early release from parole.To determine your CDD, MDD, and PDD, see Appendix B, PG. 259. For a sample worksheet to calculate your own parole discharge date, see Appendix C, PG. 261.

  1. 383

    See generally Cal. Penal Code §§ 3000(b); 3000.1. ↑

  2. 384

    See In re Thomson, 104 Cal. App. 3d 950 (1980); In re Bray, 97 Cal. App. 3d 506 (1979). ↑

  3. 385

    See generally Cal. Penal Code §§ 3000(b); 3000.1. ↑

  4. 386

    Time during which a parolee absconds or is unavailable for supervision does not count toward either the CDD. There is no limit on how long the CDD can be extended due to absconding or unavailability. Cal. Penal Code § 3000(b)(6)(B). Time served in custody for parole revocation terms will extend the CDD, but only until the MDD is reached. The CDD comes from state law: Cal. Gov’t Code § 3000(b) (set-length parole terms) and § 3000.1 (life-long parole terms). ↑

  5. 387

    The MDD also comes from state law: Cal. Gov’t Code § 3000(b) (set-length parole terms) and § 3000.1 (life-long parole terms). There is no limit on how long the CDD can be extended due to absconding or unavailability. Cal. Penal Code § 3000(b)(7). See also Cal. Penal Code § 3000(b)(6). Time served in custody for a parole revocation will extend the CDD, but only until the MDD is reached. ↑

  6. 388

    Note that a provision for early “earned discharge” for some parolees (former 15 Cal. Code Regs. § 3075.4) has been repealed. ↑

  7. 389

    There is no presumptive discharge date from state parole for any person serving a life-long parole period following an indeterminate life term for a sex offense under Cal. Gov’t 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. 15 Cal. Code Regs. § 2535(b)(5). See In re Miller, 2006 WL 1980385 (Cal. Ct. App. July 17, 2006) at n.2 (discussing Cal. Penal Code § 3000(b), Stats. 1977, chs.2, p.165, as it was prior to 1979). ↑