In re Ignacio CA2/5

DISCUSSION

Until 2020, the term of parole for an inmate convicted of murder was governed by section 3000.1. That section provides: “In the case of any inmate sentenced under [s]ection 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.” (§ 3000.1, subd. (a)(1).) In addition, “if [s]ection 3000.1 . . . applies to a person who is on parole and the court determines that the person has committed a violation of law or violated his or her conditions of parole, the person on parole shall be remanded to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration.” (§ 3000.08, subd. (h).) In 2020, the Legislature enacted section 3000.01, which applies to all inmates released from state prison on or after July 1, 2020. It provides that “notwithstanding any other law” (§ 3000.01, subd. (b)), “[a]ny inmate sentenced to a life term shall be released on parole for a period of three years” (§ 3000.01, subd. (b)(2).)2 By using the phrase “notwithstanding any…