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 › Article 6.6 - Department Recommendation to Recall Sentence and Resentence Inmate › Section 3076.3 - Recommendation Pursuant to Subdivision (e) of Section 1170 of the Penal Code-Consideration Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For inmates meeting one or more of the recall eligibility
					 requirements of section
					 3076(b), the
					 Classification and Parole Representative (C&PR), shall consider the following
					 factors as may be applicable when recommending recall of commitment consideration
					 for an inmate:
(a) The inmate's commitment
				  offense.
(b) Whether the inmate has a
				  history of affiliation with organized criminal activity, including, but not limited
				  to, any known disruptive group, street gang, prison gang, terrorist group, or
				  racketeering enterprise.
(c) The inmate
				  is or is not designated as a Public Interest Case by the Classification Staff
				  Representative, or their placement has or has not been ordered by the Departmental
				  Review Board because of an unusual threat to the safety of persons or public
				  interest in the inmate's case.
(d)
				  Whether the court was aware of the inmate's medical condition at the time of
				  sentencing.
(e) Whether the inmate's
				  prior criminal history includes violent acts against persons pursuant to Penal Code
				  (PC) section 667.5(c) or PC section
				  1192.7(c), or
				  registerable offense pursuant to PC section
				  290.
(f) Whether there exists a documented victim or
				  next of kin of the inmate's commitment offense in the community who would suffer
				  fear from the release of the inmate back into the community.
(g) Whether the inmate's documented institutional
				  behavior reflects a history of offenses involving force, violence, assault, arson,
				  or predatory sexual behavior.
(h)
				  Whether there are verifiable community resources appropriate, sufficient, and
				  immediately available to provide support and sustenance and to meet the inmate's
				  medical and/or psychological needs upon release.
(i) Whether the inmate has committed any other
				  criminal acts, either prior to or during the current period of incarceration, that
				  indicates he or she would be a danger to the public if released.
(j) Whether the inmate retains the capacity to
				  commit or to influence others to commit criminal acts that endanger public
				  safety.
1. New section
					 filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A
					 Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language
					 will be repealed by operation of law on the following day.
2. Certificate
					 of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and
					 order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No.
					 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
					 pursuant to Government Code section
					 11346.1(h)
					 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL
					 2-23-93 or emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 10-23-92 order transmitted to OAL
					 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Renumbering of former
					 section 3076.3 to section
					 3076.5 and new section
					 3076.3 filed 7-7-2011 as an emergency
					 pursuant to Penal Code section
					 5058.3(a)(2);
					 operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section
					 5058.3(c),
					 a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency
					 language will be repealed by operation of law on the following day.
6.
					 Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and
					 filed 1-19-2012 (Register 2012, No. 3).
7. Amendment of subsection (c)
					 filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26).
					 Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency
					 language will be repealed by operation of law on the following day.
8.
					 Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and
					 filed 1-17-2013 (Register 2013, No. 3).
9. Repealer and new section
					 heading filed 12-10-2019 as an emergency; operative 1-1-2020 (Register 2019, No.
					 50). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency
					 language will be repealed by operation of law on the following day.
10.
					 Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to
					 Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
					 N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to
					 OAL by 10-9-2020 or emergency language will be repealed by operation of law on the
					 following day.
11. Repealer and new section heading refiled 10-5-2020 as
					 an emergency; operative 10-10-2020. Emergency expiration extended 60 days (Executive
					 Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or
					 emergency language will be repealed by operation of law on the following
					 day.
12. Repealer and new section heading refiled 5-6-2021 as an
					 emergency; operative 5-11-2021 pursuant to Government Code section
					 11346.1(d)
					 (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order
					 N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of
					 Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be
					 repealed by operation of law on the following day.
13. Reinstatement of
					 section as it existed prior to 5-6-2021 emergency amendment by operation of
					 Government Code section
					 11346.1(f)
					 (Register 2022, No. 3).
14. Amendment of section heading filed 8-11-2022;
					 operative 10-1-2022 (Register 2022, No. 32).
Note: Authority cited: Section
						5058, Penal Code.
						Reference: Sections
						1170(e),
						3043 and
						5054, Penal Code;
						and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.
The amended version of this section by
					 Register
					 2024, No. 28, effective 7/1/2024 is not yet
					 available.