Kamp, 072683 CAAGO, AGO 83-501

• Case Date: July 26, 1983
• Court: California

JOHN K. VAN DE KAMP Attorney General JOHN T. MURPHY Deputy Attorney General AGO 83-501 No. 83-501 California Attorney General Opinion Office of the Attorney General State of California July 26, 1983          THE HONORABLE GEORGE DEUKMEJIAN, GOVERNOR OF CALIFORNIA, has requested an opinion on the following questions:

1. Is the Governor empowered to revoke the parole of a person sentenced under the determinate sentencing provisions of Penal Code section 1170 prior to such person's release from prison on that parole? 2. Is the Governor empowered to revoke the parole of a person sentenced under the determinate sentencing provisions of Penal Code section 1170 subsequent to such person's release from prison on that parole?

         CONCLUSIONS          1. The Governor does not have the power to revoke the parole of a person sentenced under the determinate sentencing provisions of Penal Code section 1170 prior to such person's release on that parole.          2. The Governor does have the power to revoke for cause the parole of a person sentenced under the determinate sentencing provisions of Penal Code section 1170 subsequent to such person's release on that parole.          ANALYSIS          The Governor's questions concern the scope of the gubernatorial power to revoke paroles of prisoners sentenced under the Determinate Sentence Law.          A determinate sentence is a term of incarceration in state prison of a specific number of years which is imposed upon the prisoner by the trial court. (Pen. Code, § 1170.) The length of a determinate sentence may be reduced to the extent that a prisoner earns and retains credits. (See Pen. Code, §§ 1170.2, subd. (d), 1203.03, subd. (g), 2900, subd. (c), 2900.1, 2900.5, 2930-2935 and 4019.) When the prisoner completes his or her determinate sentence, as reduced by any credits, the prisoner is released from prison and, unless waived by the Board of Prison Terms, commences a parole for the period not exceeding the maximum length provided by law. (Pen. Code, §§ 1170, subd. (c), and 3000, subd. (a).) The Department of Corrections meets with the prisoner prior to his or her release from prison and, under guidelines specified by the Board of Prison Terms, sets down the conditions and length of the parole. (Pen. Code, § 3000, subd. (f).) The action of the Department of Corrections may be reviewed by the Board of Prison Terms. (Pen. Code, §§ 3000, subds. (c) and (f), and 5077.)          Penal Code section 3060 provides as follows:

"The Board of Prison Terms shall have full power to suspend or revoke any parole, and to order returned to prison any prisoner upon parole. The written order of any member of the Board of Prison Terms shall be sufficient warrant for any peace or prison officer to return to actual custody any conditionally released or paroled prisoner."

         Penal Code section 3062 states as follows:

"The Governor of the state shall have like power to revoke the parole of any prisoner. The written authority of the Governor shall likewise be sufficient to authorize any peace officer to retake and return said prisoner to the state prison. His written order revoking the parole shall have the same force and effect and be executed in like manner as the order of the Board of Prison Terms."

         Penal Code section 3062 was enacted in 1941 (Stats. 1941, ch. 106, § 15, p. 1113) and has remained substantially unchanged.1 We have found no reported California...