California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5.5 - Parole Consideration › Article 2 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 3497 - Referral to the Board of Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates
					 determined to be eligible for a parole consideration hearing under Section
					 3496 shall be referred to the Board of
					 Parole Hearings at least 180 calendar days prior to their nonviolent parole eligible
					 date unless they have previously been scheduled for a parole consideration hearing
					 under any other provision of law or will be eligible for a parole consideration
					 hearing under any other provision of law within the next 12 months.
(b) Inmates who are eligible for referral under
					 this section shall be referred to the Board of Parole Hearings for a parole
					 consideration hearing under Article 16 of Chapter 3 of Division 2 of this
					 title.
(c) Referral results shall be
					 served on the inmate and placed in the inmate's central file within 15 business days
					 of being completed and, if the inmate is deemed eligible for referral to the Board
					 of Parole Hearings, he or she shall be provided information about the parole
					 consideration hearing process.
(d)
					 Referral results under this section are subject to the Department's inmate appeal
					 process in accordance with Article 8 of Chapter 1 of this Division.
(e) Indeterminately-sentenced nonviolent offenders
					 who became eligible for an initial parole consideration as a result of the
					 California Supreme Court's decision in
In re Gadlin
(2020) 10
					 Cal.5th 915, shall be referred to the Board of Parole Hearings for parole
					 consideration by July 1, 2021, unless they have previously been scheduled for a
					 parole consideration hearing under any other provision of law or will be eligible
					 for a parole consideration hearing under any other provision of law within 12
					 months.
1. New section
						filed 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-6-2019 as an emergency; operative 6-11-2019 (Register 2019,
						No. 23). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to
						OAL 9-9-2019 and filed 10-21-2019; amendments effective 10-21-2019 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2019, No. 43).
4. New subsection (e) and amendment of NOTE
						filed 4-29-2021 as an emergency; operative 4-29-2021 (Register 2021, No. 18).
						Pursuant to Penal Code section
						5058.3 and Executive
						Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL
						by 2-4-2022 or emergency language will be repealed by operation of law on the
						following day.
5. Editorial correction of HISTORY 4 (Register 2021, No.
						36).
6. Certificate of Compliance as to 4-29-2021 order transmitted to
						OAL 1-13-2022 and filed 2-28-2022 (Register 2022, No. 9).
Note: Authority cited: Cal. Const., art. 1, sec.
						  32(b); and Section
						  5058, Penal Code.
						  Reference: Cal. Const., art. 1, sec.
						  32(a); and In re
						  Gadlin (2020) 10 Cal.5th 915.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.