Chapter 6 – Adult Classification

62070.6.2 Sentencing Law Considerations

• Considerations:

  • Determinate Sentence Law (DSLDeterminate Sentence Law) PCPenal Code 1170. Inmates sentenced under PCPenal Code 1170 may be granted a normal prerelease TCLTemporary Community Leave up to 60 days prior to their parole date.

  • Indeterminate Sentence Law (ISLIndeterminate Sentence Law) PCPenal Code 1168. Inmates sentenced under PCPenal Code 1168 may be granted a prerelease TCLTemporary Community Leave up to 63 days prior to their parole date.

• This differs from the 60-day limit for DSLDeterminate Sentence Law cases to allow for an advancement of up to 60 days on parole dates by parole authorities for inmates sentenced under this law.

• Normal TCLTemporary Community Leave Defined

  • A normal prerelease TCLTemporary Community Leave is one that may be approved on inmates for the reasons outlined in DOMDepartment Operations Manual 62070.6 (Prerelease Planning Leave) and who have 60/63 days or less remaining to parole (or discharge if approved for community correctional center placement).

• Exceptional TCLTemporary Community Leave defined

  • An exceptional prerelease TCLTemporary Community Leave is one which may be approved on inmates who are within 90 days or less to parole (or discharge if approved for community correctional center placement) for purposes of taking civil service examinations, attending special employment interviews, college enrollment or entrance examinations, etc., when it has been verified that the event will not be scheduled within the 60-day period prior to release.

  • Exceptional prerelease planning leaves require personal approval by the Warden and RPARegional Parole Administrator.

• Note: A written report by the Warden to the Assistant Deputy Director, Institutions Division, shall be prepared, outlining the reasons for approving the exceptional leave.