reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2240 - Comprehensive Risk Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensed psychologists employed by the Board of Parole Hearings shall prepare
				  comprehensive risk assessments for use by hearing panels. Psychologists shall
				  consider factors impacting an inmate's risk of violence, including but not
				  limited to factors of suitability and unsuitability listed in subdivisions (c)
				  and (d) of sections
				  2281 and
				  2402 of this division. The
				  psychologists shall incorporate structured risk assessment instruments like the
				  HCR-20-V3 and STATIC-99R that are commonly used by mental health professionals
				  who assess risk of violence of incarcerated individuals.
(b) When preparing a risk assessment under
				  this section for a youth offender, as defined in Penal Code section
				  3051,
				  subdivisions (a) and (h), the psychologist shall also take into consideration
				  the youth factors described in Penal Code section
				  3051,
				  subdivision (f)(1) and their mitigating effects.
(c)
(1) A
				  risk assessment shall not be finalized until the Chief Psychologist or a Senior
				  Psychologist has reviewed the risk assessment to ensure that the psychologist's
				  opinions are based upon adequate scientific foundation.
(2) A risk assessment shall become final on
				  the date on which it is first approved by the Chief Psychologist or a Senior
				  Psychologist.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2245 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At all hearings, prisoners located in California shall have
					 the rights enumerated in 2245 through 2255. Prisoners located outside
					 California shall have the rights specified in 2367. The prisoner is responsible
					 for bringing to the attention of the hearing panel any issues pertaining to his
					 rights under this article or any failure to comply with these rules. A prisoner
					 may waive any of these rights, and any such waiver shall be documented.
					 Additional rights applicable only to specific hearings are covered in the
					 sections dealing with those hearings.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2246 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner shall be notified as soon as possible of the
					 week during which the hearing shall be held, but shall be notified no later
					 than one month before the week during which the hearing will be held.
					 Department staff shall provide notification of the hearing.
1. Amendment
					 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2247 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner is entitled to review nonconfidential documents
					 in the department central file. A prisoner is responsible for complying with
					 department procedures for review of the documents and for making his request
					 sufficiently early to permit his review of the documents at least 10 days
					 before the week of the hearing. A prisoner shall have the opportunity to enter
					 a written response to any material in the file.
A prisoner dissatisfied with the disclosure may appeal
					 pursuant to department procedures. (See Title 15, California Administrative
					 Code, Section
					 3003.)
A prisoner has the right to be present at the hearing, to
					 speak on his own behalf, and to ask and answer questions. A prisoner refusing
					 to attend the hearing shall be advised that a decision may be made without his
					 presence. No panel shall consider information not available to the prisoner
					 unless the information is designated confidential under §
										2235.
1. Governor
					 Newsom issued Executive Order N-36-20 (2019 CA EO 36-20), dated March 21, 2020,
					 which temporarily changed certain provisions relating to parole hearings held
					 by videoconference, due to the COVID-19 pandemic.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2249 - Prisoner Presentation of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner shall have the right to present relevant
					 documents to the hearing panel. The documents should be brief, pertinent, and
					 clearly written. They may cover any relevant matters such as mitigating
					 circumstances, disputed facts or release planning. A copy of the documents may
					 be placed in the prisoner's central file.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2250 - Impartial Hearing Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner is entitled to a hearing by an impartial panel.
					 A prisoner may request the disqualification of a hearing panel member or a
					 hearing panel member may disqualify himself.
(a) Grounds for Disqualification. A hearing
				  panel member shall disqualify himself in the following circumstances:
(1) A close personal relationship exists
				  between the hearing panel member and the prisoner or between their immediate
				  families.
(2) The hearing panel
				  member was involved in a past incident with the prisoner which might cause him
				  to be prejudiced against the prisoner; for example, the hearing panel member
				  was responsible for the arrest of the prisoner or the prisoner has assaulted
				  the hearing panel member or a member of the hearing panel member's
				  family.
(3) The hearing panel
				  member is actually prejudiced against or biased in favor of the prisoner to the
				  extent that he cannot make an objective decision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2251 - Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner may receive reasonable assistance in preparing
					 for the hearing.
A prisoner who is unable to effectively communicate with
					 the hearing panel due to language difficulties or a physical or mental defect
					 shall be provided with appropriate assistance during the hearing. Department
					 staff shall arrange for the necessary assistance prior to the hearing. If
					 assistance has not been arranged and appears necessary during the hearing, the
					 hearing panel shall request department staff to provide assistance and continue
					 the hearing if necessary.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2251.5 - Americans with Disabilities Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  No qualified individual with a disability as defined in 42 United States Code
				  (U.S.C.) section
				  12102 shall, by reason of such
				  disability, be excluded from participation in, or be denied the benefits of,
				  the services, programs or activities of the board, or be subject to
				  discrimination by the board.
(b)
				  Any prisoner or parolee who believes that he or she is an individual with a
				  qualifying disability, and believes that he or she has been denied reasonable
				  accommodation by the board, may grieve that denial in accordance with the
				  process required by the
Armstrong v. Schwarzenegger
Revised
				  Permanent Injunction.
1.
					 Renumbering of section
					 2057 to section
					 2251.5, including amendment of
					 section heading, section and NOTE, filed 4-15-2004 as an emergency; operative
					 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be
					 transmitted to OAL by 8-30-2004 or emergency language will be repealed by
					 operation of law on the following day.
2. Renumbering of section
					 2057 to section
					 2251.5, including amendment of
					 section heading, section and NOTE, refiled 8-30-2004 as an emergency; operative
					 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be
					 transmitted to OAL by 12-28-2004 or emergency language will be repealed by
					 operation of law on the following day.
3. Renumbering of section
					 2057 to section
					 2251.5, including amendment of
					 section heading, section and NOTE, refiled 12-27-2004 as an emergency;
					 operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
					 be transmitted to OAL by 4-26-2005 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005
					 (Register 2005, No. 23).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Pennsylvania Department of Corrections v. Yeskey (1998) 118
						S.Ct. 195; Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94-2307-CW); Title
						II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328,
						42 U.S.C. sections
						12101, et seq.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2251.6 - Filing a Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The prisoner or parolee has the following responsibility in
					 filing any grievance:
(a) Contents of
				  the Grievance.
(1) The grievance shall include
				  the name, department (CDC) number, and location of the prisoner or
				  parolee.
(2) The grievance shall be
				  brief, pertinent, legible, and clearly written.
(3) Specific grounds, relating to Americans
				  with Disabilities Act issues only, must be clearly stated and all necessary
				  documents and information must be attached to the application.
(4) All grounds must be included in the same
				  grievance.
(5) The decision desired
				  must be stated.
(6) The application
				  (grounds for grievance, the decision desired, and all arguments in support of
				  the grievance) shall not exceed either the front side of six pages or the front
				  and back sides of three pages of 8 and 1/2 by 11 inch paper. A BPT Form 1074
				  (Request for Reasonable Accommodation -- Grievance Process) may be used, but is
				  not required.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2251.7 - Processing a Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Timeframes. The Board's Americans with Disabilities Act Compliance Unit shall
				  ensure that a complete grievance meeting the requirements of §
										2251.6 be answered within 30
				  calendar days of receipt by the Board's Quality Control Unit.
(b) Board Actions. The Board may take any of
				  the following actions when answering a grievance.
(1) Order a New Hearing. Place the matter
				  directly on the appropriate calendar if the denial of the requested
				  accommodation violated the prisoner or parolee's due process or disability
				  rights to access the parole proceeding [as that term is defined in the
Armstrong v. Davis
Remedial Plan, January 4, 2002]. Reasons
				  for this action shall be stated. Following a new hearing, a copy of the new
				  decision shall be forwarded to the Board's Quality Control Unit.
(2) Deny. Deny the grievance if the decision
				  denying the accommodation was harmless or the decision was reasonable under the
				  circumstances of the case. The decision shall document the reasons for denial
				  and include specific citation of policy.
(3) New Decision. Make a new decision if no
				  new hearing is required and the decision will not adversely affect the prisoner
				  or parolee.
(4) Dismiss. Dismiss
				  the grievance if it should be handled through the Department of Corrections'
				  Inmate and Parolee Appeals System (See Title 15, Division 3, California Code of
				  Regulations), if the Board has no jurisdiction over the issues being grieved,
				  if the grievance is premature, or if the grievance was filed more than 90 days
				  after the prisoner or parolee received written confirmation of the decision
				  denying the accommodation.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2252 - Department Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person designated by the department shall be present at
					 life prisoner progress hearings to ensure that all facts relevant to the
					 decision and any unresolved factual issues are presented. A department
					 representative may attend any other board hearing.
1. Amendment
					 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2253 - Voluntary Waivers, Stipulations of Unsuitability, Postponements, and Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The rights and interests of all persons properly appearing before a
				  board life parole consideration hearing are best served when hearings are
				  conducted as scheduled. Occasional circumstances may require the delay of a
				  scheduled hearing. It is the intention of the board to recognize the need and
				  desirability to occasionally delay a scheduled hearing and to authorize said
				  delays through a process of voluntary waiver or stipulation of unsuitability or
				  to postpone or continue a scheduled life parole consideration
				  hearing.
(b) Voluntary Waivers. A
				  prisoner may request to voluntarily waive his or her life parole consideration
				  hearing for any reason. Requests shall be made in writing to the board and
				  shall state the reason for the request.
(1) In
				  requesting a voluntary waiver, the prisoner shall be deemed to have waived his
				  or her right to a life parole consideration hearing pursuant to sections
				  3041 and
				  3041.5 of the
				  California Penal Code for the period specified in the waiver. A prisoner may
				  waive his or her hearing for one, two, three, four or five years.
(2) A request for a voluntary waiver of a
				  life parole consideration hearing should be submitted to the board at the
				  earliest possible date that the prisoner becomes aware of the circumstances
				  leading to the request, but shall be no later than 45 calendar days prior to
				  the date of the scheduled hearing. A request made no later than 45 days prior
				  to the scheduled hearing shall be presumed to be valid.
(3) A request for a voluntary waiver of a
				  life parole consideration hearing submitted less than 45 calendar days prior to
				  the scheduled hearing shall be presumed to be invalid and shall be denied by
				  the board unless good cause is shown and the reason(s) given were not and could
				  not reasonably have been known to the prisoner 45 calendar days prior to the
				  scheduled hearing.
(4) In the event
				  a request for a voluntary waiver is granted during the week of a scheduled life
				  parole consideration hearing, in order to avoid future cost and inconvenience
				  to properly appearing parties, the board shall give the District Attorney and
				  the victim, victim's next of kin, members of the victim's immediate family and
				  two victim's representatives the opportunity to give a statement on the record.
				  If statements are taken, a transcript shall be made and shall be considered by
				  the next hearing panel. The prisoner may waive his or her right to be present
				  for such statements.
(5) Prisoners
				  may waive no more than three consecutive life parole consideration
				  hearings.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2254 - Record of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A record (a verbatim transcript, tape recording or written
					 summary) shall be made of all hearings. The record of the hearing shall include
					 or incorporate by reference the evidence considered, the evidence relied on,
					 and the findings of the hearing panel with supporting reasons. The prisoner is
					 entitled to a copy of the record of the hearing upon request.
1.
					 Renumbering of Section
					 2254 to Section
					 2255 filed 6-11-79; effective
					 thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of
					 Section 2255 to Section
					 2254 filed 12-28-79 as procedural
					 and organizational; designated effective 1-1-80 (Register 79, No. 52).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2255 - Written Statement of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every prisoner and his attorney if he was represented by an
					 attorney at a hearing shall receive a copy of the decision specifying the
					 decision, the information considered and the reasons for the decision.
1. Amendment
					 filed 4-4-78; effective thirtieth day thereafter (Register 78, No.
					 14).
2. Renumbering of Section
					 2255 to Section
					 2256 filed 6-11-79; effective
					 thirtieth day thereafter (Register 79, No. 24).
3. Renumbering of
					 Section 2256 to Section
					 2255 filed 12-28-79 as procedural
					 and organizational; designated effective 1-1-80 (Register 79, No. 52).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 3 - Prisoner Rights › Section 2256 - Attorney

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A prisoner or parolee may be represented by an attorney at specific
				  hearings. The sections concerning particular hearings and the prisoner's or
				  parolee's rights at those hearings specify whether the prisoner or parolee may
				  be represented by an attorney.
(b)
				  Waiver. If a prisoner or parolee is entitled to representation by an attorney
				  at a hearing, the prisoner or parolee may waive the right to an attorney.
				  Department staff shall document the waiver.
(c) Indigents. If a prisoner or parolee is
				  entitled to be represented by an attorney at a hearing, an attorney will be
				  provided at state expense if the prisoner or parolee cannot afford to retain
				  private counsel. A prisoner or parolee is presumed able to afford an attorney
				  if the prisoner or parolee has one thousand five hundred dollars ($1,500.00) or
				  more in cash, institutional trust account, savings account, checking account or
				  any combination of cash and accounts. A prisoner or parolee with one thousand
				  five hundred dollars ($1,500.00) must show that he or she has been unable to
				  obtain an attorney for that amount before an attorney will be appointed at
				  state expense.
1.
					 Renumbering of former Section
					 2253 to Section
					 2254 and new section filed
					 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
2. Renumbering of Section
					 2253 to Section
					 2256 filed 12-28-79 as procedural
					 and organizational; designated effective 1-1-80 (Register 79, No.
					 52).
3. Governor Newsom issued Executive Order N-36-20 (2019 CA EO
					 36-20), dated March 21, 2020, which temporarily changed certain provisions
					 relating to parole hearings held by videoconference, due to the COVID-19
					 pandemic.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Gagnon v. Scarpelli,
						411 U.S.
						778 (1973); Sections
						1170.2 and
						3041.7, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2265 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-4-78; effective thirtieth day thereafter (Register 78, No.
					 14).
2. Amendment filed 7-21-78 as an emergency; effective upon
					 filing (Register 78, No. 29).
3. Certificate of Compliance filed
					 10-27-78 (Register 78, No. 43). 4. Amendment filed 1-25-79; effective thirtieth
					 day thereafter (Register 79, No. 4).
5. Amendment filed 6-11-79;
					 effective thirtieth day thereafter (Register 79, No. 24).
6.
					 Repealer filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3041,
						3041.5,
						3041.7,
						3042 and
						3046, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2266 - Information Considered. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52)
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2267 - Recommendation Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c) filed 4-4-78; effective thirtieth day thereafter (Register
					 78, No. 14).
2. Amendment of subsection (b) filed 9-21-78 as an
					 emergency; designated effective 9-25-78. Filed in the week of Register 78, No.
					 38, this amendment is printed in Register 78, No. 41 for technical reasons
					 (Register 78, No. 41).
3. Certificate of Compliance filed 12-29-78
					 (Register 78, No. 52).
4. Amendment of subsection (d) filed 6-11-79;
					 effective thirtieth day thereafter (Register 79, No. 24).
5.
					 Repealer filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3041,
						3042,
						3063.5,
						3063.6, and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2268 - Initial Parole Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Decision. At the conclusion of the hearing the prisoner shall receive a copy of
				  the proposed decision. If the panel's decision is to grant parole, the proposed
				  decision shall state the conditions which must be met in order to be released
				  and the consequences of a failure to meet such conditions. If the panel
				  decision is to deny parole, the proposed decision shall state that parole has
				  been denied.
(b) Denial Lengths.
				  Upon a decision to deny parole, the panel shall schedule the inmate's next
				  parole consideration hearing as follows:
(1)
				  The panel must first consider a fifteen-year denial. The panel shall schedule
				  the inmate's next hearing in fifteen years unless the panel finds by clear and
				  convincing evidence that the criteria relevant to the decision denying parole
				  are such that consideration of the public and victim's safety does not require
				  a more lengthy period of incarceration than ten additional years;
(2) If the panel finds by clear and
				  convincing evidence that the inmate does not require a more lengthy period of
				  incarceration than ten years, the panel must next consider a ten-year denial.
				  The panel shall schedule the inmate's next hearing in ten years unless the
				  panel finds by clear and convincing evidence that the criteria relevant to the
				  decision denying parole are such that consideration of the public and victim's
				  safety does not require a more lengthy period of incarceration for the inmate
				  than seven additional years;
(3) If
				  a panel finds by clear and convincing evidence that the inmate does not require
				  a more lengthy period of incarceration than seven years, the panel must
				  consider a denial length of seven, five, or three years. The panel shall
				  schedule the inmate's next hearing in three years, five years, or seven years
				  after considering the criteria relevant to the decision denying
				  parole.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2269 - Progress Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a), (c) and (d) filed 1-25-79; effective thirtieth day
					 thereafter (Register 79, No. 4).
2. Amendment of subsection (a)
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
3. Editorial correction (Register 79, No. 38).
4.
					 Amendment of subsection (c) filed 2-8-80; effective thirtieth day thereafter
					 (Register 80, No. 6).
5. Amendment of subsection (c) filed 8-12-82;
					 effective thirtieth day thereafter (Register 82, No. 33).
6.
					 Repealer of subsection (b) and relettering of subsections (c) and (d) to (b)
					 and (c) filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
7. Change without regulatory effect repealing
					 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
						3041,
						3041.5 and
						5076.1, Penal
						Code; and In re Stanley (1976) 54 Cal.App.3d 1030.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2269.1 - Documentation Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. All life prisoners shall have hearings prior to the minimum eligible
				  parole date.
In order to identify potential cases of Battered Woman
					 Syndrome (BWS), the deputy commissioner or commissioner conducting a
					 documentation hearing shall refer any case to the executive officer in which
					 the prisoner appears to have suffered the effects of BWS as defined in §
											2000(b). The
					 purpose of the investigation is to determine whether it appears the criminal
					 behavior was the result of that victimization.
(b) Panel. This hearing shall be conducted by
				  a one person panel and the panel member shall be a commissioner or deputy
				  commissioner.
(c) Scheduling. This
				  hearing shall be scheduled by department staff. The documentation hearing shall
				  be held during the 36th month after the life term starts. Time during which
				  service of the life term is tolled because the prisoner is serving a
				  determinate term shall not be included in determining the scheduling of
				  documentation hearings.
1. New
					 section filed 5-28-81; effective thirtieth day thereafter (Register 81, No.
					 22).
2. Amendment of subsection (a) filed 8-12-82; effective
					 thirtieth day thereafter (Register 82, No. 33).
3. Amendment of
					 subsections (a) and (b) filed 6-14-84; effective thirtieth day thereafter
					 (Register 84, No. 24).
4. Amendment of subsection (a) filed
					 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
5. Amendment of subsection (b) filed 1-20-88; operative 2-19-88
					 (Register 88, No.5).
6. Amendment splitting former subsection (a)
					 into subsections (a)-(a)(1), new subsection (a)(2), and amendment of NOTE filed
					 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A
					 Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
7. Certificate of Compliance as to 3-16-2001 order transmitted
					 to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
8.
					 Amendment of section and NOTE filed 6-17-2003; operative 7-17-2003 (Register
					 2003, No. 25).
9. Change without regulatory effect amending
					 subsections (a) and (c) filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Sections
						3041 and
						5076.2, Penal
						Code. Reference: Sections
						3040,
						3041,
						3041.5,
						4801 and
						5076.1, Penal
						Code; and In re Stanley (1975) 54 Cal.App.3d 1030.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2270 - Subsequent Parole Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. At this hearing each prisoner who was previously denied parole shall
				  be reconsidered for parole in the same manner as at the initial parole hearing.
				  The hearing panel shall consider the same information considered at the initial
				  parole hearing and any information developed since the last hearing (Sections
				  2281-2291).
(b) Scheduling. This hearing shall be
				  scheduled as provided in Penal Code Section
				  3041.5.
(c) Denial Lengths. Upon a decision to deny
				  parole, the panel shall schedule the inmate's next parole consideration hearing
				  as follows:
(1) The panel must first consider
				  a fifteen-year denial. The panel shall schedule the inmate's next hearing in
				  fifteen years unless the panel finds by clear and convincing evidence that the
				  criteria relevant to the decision denying parole are such that consideration of
				  the public and victim's safety does not require a more lengthy period of
				  incarceration than ten additional years;
(2) If the panel finds by clear and
				  convincing evidence that the inmate does not require a more lengthy period of
				  incarceration than ten years, the panel must next consider a ten-year denial.
				  The panel shall schedule the inmate's next hearing in ten years unless the
				  panel finds by clear and convincing evidence that the criteria relevant to the
				  decision denying parole are such that consideration of the public and victim's
				  safety does not require a more lengthy period of incarceration for the inmate
				  than seven additional years;
(3) If
				  a panel finds by clear and convincing evidence that the inmate does not require
				  a more lengthy period of incarceration than seven years, the panel must
				  consider a denial length of seven, five, or three years. The panel shall
				  schedule the inmate's next hearing in three years, five years, or seven years
				  after considering the criteria relevant to the decision denying
				  parole.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2271 - Parole Consideration for Nonlife 1168 Prisoners. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Repealer of Section
					 2271 and renumbering of Section
					 2272 to Section
					 2271 filed 7-21-78 as an
					 emergency; effective upon filing (Register 78, No. 29). For history of former
					 Section 2272, see Register 78, No.
					 14.
3. Certificate of Compliance filed 10-27-78 (Register 78, No.
					 43).
4. Amendment filed 1-25-79; effective thirtieth day thereafter
					 (Register 79, No. 4).
5. Amendment of subsection (a) filed 12-28-79
					 as procedural and organizational; designated effective 1-1-80 (Register 79, No.
					 52).
6. Repealer of subsections (b) and (e), and relettering of
					 subsections (c) and (d) to subsections (b) and (c) filed 12-22-82 by OAL
					 pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
7. Repealer filed 3-11-87; effective
					 thirtieth day thereafter (Register 87, No. 11).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2272 - Hearings for Prisoners with New Criminal or Disciplinary Charges Pending

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Initial Parole Hearing and Subsequent Parole Hearing. A
					 prisoner with new criminal or disciplinary charges pending prior to the initial
					 parole hearing or subsequent parole hearing shall be scheduled for the hearing
					 as provided in this article. If it is determined during the course of the
					 hearing that a decision regarding parole cannot be made because of the pending
					 charges, the hearing panel shall continue the hearing. Department staff shall
					 place the case on the miscellaneous proceedings calendar every 90 days from the
					 date of the originally scheduled hearing with a report of the status of the
					 case. Following conclusion of the criminal or disciplinary charges, the case
					 shall be scheduled for the next regular calendar.
1.
					 Renumbering of Section
					 2273 to Section
					 2272 filed 7-21-78 as an
					 emergency; effective upon filing (Register 78, No. 29).
2. Amendment
					 of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register
					 79, No. 24).
3. Change without regulatory effect amending subsection
					 (a) and repealing subsection (b) 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
						3041 and
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2274 - Adult Authority Parole Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A life prisoner who has a parole date set by the Adult
					 Authority which is within sixty days of a scheduled parole consideration
					 hearing under this article shall not have a parole hearing. The prisoner shall
					 be released on the parole date set by the Adult Authority or earlier if an
					 advancement is granted under §
										2359.
If a panel advances an Adult Authority parole date to
					 within sixty days of the parole consideration hearing, the prisoner shall be
					 released on the Adult Authority date as advanced.
1. New
					 section filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2275 - Parole Reconsideration Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Penal Code section
				  3000.08(h)
				  provides that, following a lawful determination that the person has committed a
				  violation of law or violated his or her conditions of parole, persons on parole
				  for specified crimes shall be remanded to the custody of the department and
				  remanded to the jurisdiction of the board for future parole reconsideration.
				  Parolees who are subject to remand upon a lawful determination are specified as
				  follows:
(i) parolees convicted of crimes
				  listed in Penal Code section
				  3000(b)(4)
				  where the crime was committed on or after September 9, 2010;
(ii) parolees convicted of crimes listed in
				  Penal Code section
				  3000.1(a)(1)
				  where the crime was committed on or after January 1, 1983; and
(iii) parolees convicted of crimes listed in
				  Penal Code section
				  3000.1(a)(2)
				  where the crime was committed on or after September 9, 2010. These hearings are
				  collectively referred to as Parole Reconsideration
				  hearings.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2280 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A life prisoner shall be considered for parole for the
					 first time at the initial parole consideration hearing. At this hearing, a
					 parole date shall be denied if the prisoner is found to be unsuitable for
					 parole under §
										2281(c).
1. Repealer
					 of Article 5 (Sections
					 2280-2297) and new Article 5
					 (Sections 2280-2292) filed 7-31-78 as an
					 emergency; effective upon filing. Certificate of Compliance included (Register
					 78, No. 31). For history of former Article 8, see Registers 78, No. 14, and 77,
					 No. 44.
2. Amendment filed 6-11-79; effective thirtieth day
					 thereafter (Register 79, No. 24).
3. 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: Article 5 (Sections
						2280-2292); and Section
						5076.2, Penal
						Code. Reference: Section
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2281 - Determination of Suitability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The panel shall first determine whether a prisoner is suitable for
				  release on parole. Regardless of the length of time served, a life prisoner
				  shall be found unsuitable for and denied parole if in the judgment of the panel
				  the prisoner will pose an unreasonable risk of danger to society if released
				  from prison.
(b) Information
				  Considered. All relevant, reliable information available to the panel shall be
				  considered in determining suitability for parole. Such information shall
				  include the circumstances of the prisoner's: social history; past and present
				  mental state; past criminal history, including involvement in other criminal
				  misconduct which is reliably documented; the base and other commitment
				  offenses, including behavior before, during and after the crime; past and
				  present attitude toward the crime; any conditions of treatment or control,
				  including the use of special conditions under which the prisoner may safely be
				  released to the community; and any other information which bears on the
				  prisoner's suitability for release. Circumstances which taken alone may not
				  firmly establish unsuitability for parole may contribute to a pattern which
				  results in a finding of unsuitability.
(c) Circumstances Tending to Show
				  Unsuitability. The following circumstances each tend to indicate unsuitability
				  for release. These circumstances are set forth as general guidelines; the
				  importance attached to any circumstance or combination of circumstances in a
				  particular case is left to the judgment of the panel. Circumstances tending to
				  indicate unsuitability include:
(1)
				  Commitment Offense. The prisoner committed the offense in an especially
				  heinous, atrocious or cruel manner. The factors to be considered include:
(A) Multiple victims were attacked, injured
				  or killed in the same or separate incidents.
(B) The offense was carried out in a
				  dispassionate and calculated manner, such as an execution-style
				  murder.
(C) The victim was abused,
				  defiled or mutilated during or after the offense.
(D) The offense was carried out in a manner
				  which demonstrates an exceptionally callous disregard for human
				  suffering.
(E) The motive for the
				  crime is inexplicable or very trivial in relation to the
				  offense.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2282 - Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b), Categories II and IV, filed 5-1-80; effective thirtieth day
					 thereafter (Register 80, No. 18).
2. Change without regulatory
					 effect repealing 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: Section
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2283 - Circumstances in Aggravation of the Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2284 - Circumstances in Mitigation of the Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (a)(9) and new NOTE filed 3-16-2001 as an emergency; operative
					 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be
					 transmitted to OAL by 7-16-2001 or emergency language will be repealed by
					 operation of law on the following day.
2. Certificate of Compliance
					 as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001
					 (Register 2001, No. 34).
3. Change without regulatory effect
					 repealing section filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Sections
						3041,
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						4801, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2285 - Additional Term for the Use of a Firearm. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2286 - Additional Terms for Other Offenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (c) filed 8-18-78 as an emergency; designated effective 8-21-78.
					 Filed in the week of Register 78, No. 33, this amendment is printed in Register
					 78, No. 41 for technical reasons (Register 78, No. 41).
2.
					 Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
3.
					 Amendment of Footnote 2 in subsection (b) filed 1-25-79; effective thirtieth
					 day thereafter (Register 79, No. 4).
4. Amendment filed 6-11-79;
					 effective thirtieth day thereafter (Register 79, No. 24).
5.
					 Amendment of subsections (b) and (c) filed 2-8-80; effective thirtieth day
					 thereafter (Register 80, No. 6).
6. Change without regulatory effect
					 repealing 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: Section
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2287 - Circumstances in Aggravation of the Additional Term for Other Crimes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2288 - Circumstances in Mitigation of the Additional Term for Other Crimes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).