California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2400 - Scope of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The criteria and guidelines in this article apply to
					 prisoners sentenced to prison for first and second degree murders committed on
					 or after November 8, 1978 and attempted murders where the perpetrator is
					 sentenced for life pursuant to the provisions of Penal Code section
					 664. The
					 guidelines in this article are based on the public's expressed intent in
					 amending Penal Code sections
					 190 and
					 664 that a
					 person convicted of first or second degree murder or attempted murder, as
					 specified, should be incarcerated for an extended period of time.
The prisoner's minimum eligible parole date is established
					 by statute. The amount of good conduct credit that a prisoner sentenced for
					 first or second degree murder may earn to reduce the minimum eligible parole
					 date is established by statute. (Penal Code sections
					 2930 et seq.)
					 Life prisoners convicted of attempted murder do not earn these credits. The
					 department will determine the minimum eligible parole date. The length of time
					 a prisoner must serve prior to actual release on parole is determined by the
					 board. This article implements Penal Code section
					 3041 and
					 concerns only the board's exercise of discretion in determining whether a
					 prisoner is suitable for parole and, if so, when the prisoner should be
					 released on parole.
A prisoner committed for first or second degree murder or
					 attempted murder shall have his or her initial parole consideration hearing as
					 provided in §
										2268. The prisoner will have
					 documentation hearings as provided in §
										2269.1.
Although many of the sections in this article are the same
					 as the sections in Article 5, they are repeated in this article to avoid
					 confusion between the rules applicable to prisoners who committed murders on or
					 before November 7, 1978 and these rules which apply to prisoners who committed
					 murders on or after November 8, 1978, and those who committed specified
					 attempted murders. The suitability criteria are the same for both groups. The
					 provisions for adjusting the terms for other offenses are also different
					 because of the change in Penal Code section
					 669 which
					 permits courts to impose sentences consecutive to life terms (Stats. 1978, Ch.
					 579, eff. 1/1/79).
1. New
					 Article 11 (Sections
					 2400-2411) filed 9-8-81; effective
					 thirtieth day thereafter (Register 81, No. 37).
2. Amendment filed
					 6-14-84; effective thirtieth day thereafter (Register 84, No.
					 24).
3. Amendment filed 11-13-85; effective thirtieth day thereafter
					 (Register 85, No. 46).
4. Amendment filed 1-20-88; operative 2-19-88
					 (Register 88, No. 5).
5. Change without regulatory effect amending
					 article heading and deleting the words "first degree" where they characterized
					 the criminal offense of attempted murder in order to conform the regulation
					 with the decision of the Supreme Court in People v. Bright (1996) 12 Cal.4th
					 652, 49 Cal.Rptr.2d 732, in which the court determined that the crime of
					 attempted murder is not divided into degrees, filed 2-16-2001 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2001, No. 7).
6. Amendment of article heading,
					 section and NOTE filed 5-13-2004 as an emergency; operative 5-17-2004 (Register
					 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by
					 9-14-2004 or emergency language will be repealed by operation of law on the
					 following day.
7. Amendment of article heading, section and NOTE
					 refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38).
					 A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or
					 emergency language will be repealed by operation of law on the following
					 day.
8. Amendment of article heading, section and NOTE refiled
					 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A
					 Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
9. Certificate of Compliance as to 1-6-2005 order transmitted
					 to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
10.
					 Change without regulatory effect amending section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						182,
						190,
						664,
						2930 et seq.,
						3040,
						3041,
						3046 and
						5076.1, Penal
						Code.