Article 12 – Time Computations
73030.16.8 Parole Violators With New Terms
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Separate computations of release dates for parole violators with new terms shall be completed on both the old and new term to determine the controlling release date.
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If, after calculation of both cases, the release date on the new term controls, the previous case shall be discharged pursuant to BPT 2649.
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If the release date (RRDRevocation Release Date, PRRDProjected Revocation Release Date) on the original term controls, the case will be referred to the BPT for determination of the controlling release date.
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Prior terms of nonrevoked violators returning with new terms will be discharged without a revocation hearing if the new commitment resulted from behavior which occurred prior to the parole date on the prior term.
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If the BPT decision is to retain the inmate on the original case, separate release dates will be maintained on both terms, and the inmate will be released on the case that retains them in custody for the longest period of time.
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People v. Mitchell (244 Cal Rpt 803 1988).
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The ruling in this case allows for consecutive sentencing of a new term to parole revocation time. If the court orders a new term to run CSControl Services to parole revocation, the term start date on the new commitment will be the RRDRevocation Release Date/PRRDProjected Revocation Release Date and the original case will not be discharged.