Currrent as of February 4, 2022

Penal Code § 3056

Housing and legal custody and jurisdiction of parolee awaiting revocation proceedings or upon revocation; Release from custody; Reimprisonment; Parolee under 18

(a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, they shall be housed in the county in which they were arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, the parolee shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole.

(b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.

(c) Until July 1, 2021, a parolee who is subject to subdivision (a), but who is under 18 years of age, may be housed in a facility of the Division of Juvenile Justice, Department of Corrections and Rehabilitation.


Added Stats 1941 ch 106 § 15 as § 3057. Renumbered Stats 1941 ch 893 § 8. Amended Stats 1957 ch 2256 § 64; Stats 2011 ch 15 § 474 (AB 109), effective April 4, 2011, operative October 1, 2011, ch 39 §  44 (AB 117), effective June 30, 2011, operative October 1, 2011; Stats 2011–2012 1st Ex Sess ch 12 § 22 (ABX1 17), effective September 21, 2011, operative October 1, 2011; Stats 2012 ch 43 § 43 (SB 1023), effective June 27, 2012; Stats 2015 ch 61 § 3 (SB 517), effective January 1, 2016; Stats 2016 ch 86 § 238 (SB 1171), effective January 1, 2017; Stats 2021 ch 18 § 1 (SB 92), effective May 14, 2021.

PC 3056