PC 3058 Notification Requirements – Flashcards
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Penal Code 3058.6 is defined as:
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(a) Whenever any person confined to state prison is serving a term for the conviction of a violent felony listed in subdivision (c) of Section 667.5, the Board of Prison Terms, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or the Department of Corrections, with respect to inmates sentenced pursuant to Section 1170, shall notify the sheriff or chief of police, or both, and the district attorney, who has jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b) (1) The notification shall be made by mail at least 45 days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections with the authority to make final determination and adjustments regarding parole location decisions.
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Penal Code 3058.61. is defined as:
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Whenever any person confined to state prison is serving a term for a conviction of Stalking Section 646.9, the Department of Corrections shall notify by mail, at least 45 days prior to the person's scheduled release date, the sheriff or chief of police, or both, and the district attorney who has jurisdiction.....
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Penal Code 3058.65. is defined as:
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(a) (1) Whenever any person confined in the state prison is serving a term for the conviction of child abuse, pursuant to Section 273a, 273ab, 273d, any sex offense specified as being perpetrated against a minor, or an act of domestic violence, or as ordered by a court, the Board of Prison Terms, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168, or the Department of Corrections, with respect to inmates sentenced pursuant to Section 1170, shall notify the following parties that the person is scheduled to be released on parole, or rereleased following a period of confinement pursuant to a parole revocation without a new commitment, as specified in subdivision (b): (A) The immediate family of the parolee who requests notification and provides the department with a current address. (B) A county child welfare services agency that requests notification pursuant to Section 16507 of the Welfare and Institutions Code. (2) For the purposes of this paragraph, "immediate family of the parolee" means the parents, siblings, and spouse of the parolee. (b) (1) The notification shall be made by mail at least 60 days prior to the scheduled release date, except as provided in paragraph (2). In all cases, the notification shall include the name of the person who is scheduled to be released, the terms of that person's parole, whether or not that person is required to register with local law enforcement, and the community in which that person will reside. The notification shall specify the office within the Department of Corrections that has the authority to make the final determination and adjustments regarding parole location decisions.
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Penal Code 3058.8. is defined as:
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(a) At the time a notification is sent pursuant to subdivision (a) of Section 3058.6 (at least 45 days), the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the designated agency responsible for notification, as the case may be, shall also send a notice to persons described in Section 679.03 who have requested a notice informing those persons of the fact that the person who committed the violent offense is scheduled to be released from the Department of Corrections and Rehabilitation or from the State Department of Mental Health, including, but not limited to, conditional release, and specifying the proposed date of release. Notice of the community in which the person is scheduled to reside shall also be given if it is (1) in the county of residence of a witness, victim, or family member of a victim who has requested notification, or (2) within 100 miles of the actual residence of a witness, victim, or family member of a victim who has requested notification. If, after providing the witness, victim, or next of kin with the notice, there is any change in the release date or the community in which the person is to reside, the board or department shall provide the witness, victim, or next of kin with the revised information
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Penal Code 3058.9. is defined as:
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(a) Whenever any person confined to state prison is serving a term for the conviction of child abuse pursuant to Section 273a, 273ab, 273d, or any sex offense identified in statute as being perpetrated against a minor victim, or as ordered by any court, the Board of Prison Terms, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or the Department of Corrections, with respect to inmates sentenced pursuant to Section 1170, shall notify the sheriff or chief of police, or both, and the district attorney, having jurisdiction over the community in which the person was convicted and, in addition, the sheriff or chief of police, or both, and the district attorney having jurisdiction over the community in which the person is scheduled to be released on parole or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (b) (1) The notification shall be made by mail at least 45 days prior to the scheduled release date, except as provided in paragraph (3). In all cases, the notification shall include the name of the person who is scheduled to be released, whether or not the person is required to register with local law enforcement, and the community in which the person will reside. The notification shall specify the office within the Department of Corrections with the authority to make final determination and adjustments regarding parole location decisions.
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Under PC 3058.6, who must be notified and what are the time constraints?
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Law Enforcement must be notified. Specifically, the Sheriff or Chief of Police, or both and the District Attorney, who has jurisdiction over the community in which the person was convicted. The notification shall be made by mail at least 45 days prior to the scheduled release date.
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Under PC 3058.61, what is it and what are the time constraints?
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Stalking, the Department of Corrections shall notify by mail, at least 45 days prior to the person's scheduled release date.
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Under PC 3058.65, who is notified and what are the time constraints?
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The victims family is notified of the parolees release within 60 days to the scheduled release date.
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Under PC 3058.8, what parties are notified and what are the time constraints?
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The violent felony witness and the victims next of kin. All parties are to be notified within 45 days of the scheduled release date.
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Under PC 3058.9, what is it and what are the time constraints?
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Offences against minors (child abuse/ sex offenses). All parties including law enforcement must be notified by mail within 45 days of the scheduled release date.