In Re Nesper

Petitioner claims that he was discharged from parole by operation of law pursuant to Penal Code section 3001, subdivision (a), when the Board of Prison Terms (BPT) failed to act to retain him on parole. During the relevant time period, section 3001, subdivision (a), provided: “Notwithstanding any other provision of law, when any person referred to in subdivision (a) of Section 3000 has been released on parole from the state prison, and has been on parole continuously for one year since release from confinement, the board shall, within 30 days, discharge such person from parole, unless the board, for good cause, determines that such person will be retained on parole. The board shall make a written record of its determination and transmit a copy thereof to the parolee.” (Stats. 1978, ch. 582, § 2, p. 2004.)

On October 29, 1982, petitioner was sentenced to a term of eight years in state prison. He was paroled on December 6, 1986. On September 21, 1988, petitioner’s parole was revoked for a period of 12 months. He filed a petition for habeas corpus in the superior court on October 3, 1988, contending that the parole revocation was invalid because he was no longer on parole…