Chapter 8 – Adult Custody and Security Operations

81010.2 Parole to County or City of Last Legal Residence

• All offenders committed to prison for a non-sex offense for which registration is not required pursuant to Penal Code (PCPenal Code) section 290, shall be paroled to the County of Last Legal Residence (CLLRCounty of Last Legal Residence) unless the case complies with exception criteria for paroling to another county. 

• Pursuant to PCPenal Code section 3003, all offenders committed to prison for a sex offense for which registration is required pursuant to PCPenal Code section 290, shall through all efforts reasonably possible be returned to their city of last legal residence or a close geographic location in which they have family, social, or economic ties, unless a return to that location would violate any other law, or the case complies with exception criteria for paroling to another county.

• Offenses that occur in custody, defined as being confined in a State prison, local jail, or a Department of State Hospitals facility for treatment shall not be considered in determining the CLLRCounty of Last Legal Residence or city of last legal residence.  If the offender has been discharged from all previous terms, consideration shall be given to placement in another, more appropriate county or city in accordance with the factors listed in this section.  An offender may be paroled to another county or city if it is in the best interest of the public and the offender.

• Parole to Another County
  

  • The following factors shall be considered in determining if parole to another county is justified:

    • The need to protect the life or safety of a victim, the offender, a witness, or any other person.

    • Public concern that would reduce the chance of the individual’s parole being successfully completed.

    • The verified existence of a work offer, or an educational or vocational training program in another county that encompasses the following:

      • Permanent employment that will enable the offender to be financially self-sufficient.  (Minimum wage jobs, such as busboy or short-term jobs such as cannery worker, are not
        self-supporting or of sufficient duration to qualify.)

      • Training or educational program that is full time; will materially upgrade the offender’s employment skills or educational level, and thus substantially improve employability; and will provide sufficient funds to preclude the offender from relying on welfare, California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) cash assistance, or similar programs.

    • The existence of immediate family in another county with whom the offender has maintained strong ties and whose support would increase the chance that parole would be successfully completed.

      • Immediate Family Members are defined in California Code of Regulations, Title 15, section 3000 as the offender’s legal spouse; registered domestic partner; natural parents; adoptive parents, if the adoption occurred and a family relationship existed prior to the offender’s incarceration; step-parents or foster parents; grandparents; natural, step, or foster brothers or sisters; the offender’s natural and adoptive children; grandchildren; and legal stepchildren of the offender.  Aunts, uncles, and cousins are not considered immediate family members but may be considered on a case-by-case basis if strong family ties have been maintained and the biological relationship can be verified.

    • The lack of necessary outpatient treatment programs for offenders receiving treatment pursuant to PCPenal Code section 2960.

    • Direct placement into a CDCRCalifornia Department of Corrections and Rehabilitation-funded, community-based residential treatment program located outside of the CLLRCounty of Last Legal Residence, including but not limited to:

      • Female Offender Treatment and Employment Program.

      • Transitional Housing Program.

      • Parolee Service Center.

      • Specialized Treatment for Optimized Programming.

    • Pre-parole referrals for placement in another state or territory shall be made in accordance with Article 6 of Chapter 8 of this manual.

• Criteria for Administrative Placement Pursuant to PCPenal Code sections 3003(f) and 3003(h)

  • Upon request of the victim and after approval by the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) District Administrator, a parolee whose commitment offense is any of the following shall not be allowed to reside within 35 miles of the current residence of the victim or witness of the commitment offense.

    • Murder or Voluntary Manslaughter.

    • Mayhem.

    • Rape as defined in PCPenal Code sections 261(a)(1), 261(a)(2), 261(a)(3), 261(a)(4), 261(a)(6), 262(a)(1), or  262(a)(4).

    • Sodomy as defined in PCPenal Code sections 286(c), 286(d), 286(f), 286(g), or 286(i).

    • Lewd or Lascivious act as defined in PCPenal Code sections 288(a) or 288(b).

    • Oral Copulation as defined in PCPenal Code sections 287(c)(1), 287(d)(1), 287(f), 287(g), or 287(i).

    • Continuous Sex Abuse of a Child as defined in PCPenal Code section 288.5.

    • Sexual Penetration as defined in PCPenal Code sections 289(a), 289(b), 289(d), 289(e), and 289(i).

    • Any felony punishable by death or imprisonment for life.

    • Any felony in which an enhancement for great bodily injury as defined in PCPenal Code sections 12022.53, 12022.7, or 12022.9 have been proven. 

    • Stalking as defined in PCPenal Code section 646.9.