Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 12 – Time Computations

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73030.18.2.19 Minimum Eligible Parole Date – ISL

  • Computation.

    • Show the minimum eligible parole date (in years and/or months) and the actual date computed with benefit of preimprisonment credits BPT can legally impose by law.

    • When a person has been at-large or CDC time stops after commencement of the term but prior to reaching the minimum eligible parole date, the MEPD must be recomputed immediately after his/her return to CDC to include the time lost. The legal status will show a footnote: e.g., “MEPD includes 122 days time lost on escape.”

    • When differing credits are involved in multiple count (or old multiple case) commitments, it is important that each MEPD be computed, using appropriate credits, and that the controlling (or longest) MEPD be shown. These are: CSControl Services counts; two years or 1/3 of aggregate minimum terms, whichever is the greatest (PCPenal Code 3049).

  • Exceptions.

    • The provisions of PCPenal Code 3049 do not apply to increase the MEPD in cases where an additional penalty under PCPenal Code 12022 or 12022.5 established the CSControl Services nature of the terms (e.g., Ct. 1, Attempted Robb. 1st W/Use of Firearm, 6 mos. 20 yrs., CSControl Services W/5-Life: minimum term 5-1/2 yrs.: MEPD: Ct. 1: 1 yr. 10 months).

    • Minimum term in excess of 1 year: 1/3 of minimum term (PCPenal Code 3049).
      EXAMPLE: (Assume arrival date 1-1-90)

      Min TermMEPD
      6 Months6 mos.7-01-90
      6 months and 6 month CSControl Services or 1 year2 yrs.1-1-92
      1 year1-1-91
      2 yrs. (if CSControl Services are not involved)8 mos.9-1-90
      5 yrs.1 yr. 8 mos.9-1-91
      5 yrs and 5 yrs CSControl Services3 yrs. 4 mos.5-1-93
      Life w / possibility of parole7 Cal. Yrs.1-1-97
      Habitual Criminal (PCPenal Code 644a)9 yrs.1-1-99
      Habitual Criminal (PCPenal Code 644b)12 yrs.1-1-2002

  • H&SCHealth and Safety Code violations. Following changes to the Code in 1961, most violations carried a specified minimum period of confinement prior to release on parole and the provisions of the Penal Code were not applicable to reduce that time (except PCPenal Code 1202B).

    • Since 1974, a series of court rulings resulted in modifications to those minimum parole dates and were fully retroactive.

    • H&SCHealth and Safety Code statutes effective 1-1-76 eliminated mandatory minimum periods of parole for persons sentenced on or after 1-1-76 under H&SCHealth and Safety Code 11350, 11351 and 11352, thus making provisions of the Penal Code regarding minimum terms and MEPDs applicable to those sections only.