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 1 - Parole Consideration for Determinately-Sentenced Nonviolent Offenders › Section 3492 - Eligibility Review and Referral to the Board of Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligible
					 determinately-sentenced nonviolent offenders under Section
					 3491 shall be referred to the Board of
					 Parole Hearings for parole consideration at least 35 calendar days prior to their
					 nonviolent parole eligible date unless their nonviolent parole eligible date falls
					 less than 180 calendar days prior to their earliest possible release date or they
					 will reach their earliest possible release date in less than 210 calendar
					 days.
(b) A review for possible referral
					 to the Board under subsection (a) shall be conducted again one year from the date of
					 the inmate's previous review for referral until the inmate is released from custody
					 or is no longer eligible for parole consideration under Section
					 3491.
(c) Referral results under subsection (a) 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 referred to the Board of Parole Hearings,
					 the inmate shall be provided information about the nonviolent offender parole
					 process, including the opportunity to submit a written statement to the Board of
					 Parole Hearings.
(d) Eligibility reviews
					 and referrals under this section are subject to the department's administrative
					 remedies process in accordance with section
					 3480, et seq.
(e) Inmates who were ineligible for referral to
					 the Board of Parole Hearings under the former public safety screening criteria shall
					 be reviewed again under subsection (a), unless they are no longer eligible for
					 parole consideration under Section
					 3491 or have been released.
(f) Determinately-sentenced nonviolent offenders
					 who became eligible for parole consideration as a result of the California Supreme
					 Court's decision in
In re Gadlin
(2020) 10 Cal.5th 915, and whose
					 nonviolent parole eligible date is on or before July 1, 2021, shall be referred to
					 the Board of Parole Hearings for parole consideration by July 1, 2021. This
					 subsection shall not apply to determinately-sentenced nonviolent offenders whose
					 earliest possible release date is on or before November 1, 2021.
1. New section
						filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017,
						No. 38). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017,
						No. 51). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency
						language will be repealed by operation of law on the following day.
4.
						Certificate of Compliance as to 12-18-2017 order, including amendment of section,
						transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5-1-2018
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2018, No. 18).
5. Amendment of section heading and section
						filed 9-10-2019 as an emergency; operative 9-10-2019 (Register 2019, No. 37).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency
						language will be repealed by operation of law on the following day.
6.
						Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted
						to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3-26-2020 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2020, No. 13).
7. Amendment of subsection (d) filed 3-25-2020
						as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code
						section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
						language will be repealed by operation of law on the following day.
8.
						Emergency filed 3-25-2020 and operative 6-1-2020 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. 42). A Certificate of Compliance must be transmitted to
						OAL by 3-9-2021 or emergency language will be repealed by operation of law on the
						following day.
9. Amendment of subsection (d) refiled 2-25-2021 as an
						emergency, with additional amendment of subsection (d); operative 3-10-2021
						(Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order
						N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of
						Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be
						repealed by operation of law on the following day.
10. New subsection (f)
						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.
11. Editorial correction of HISTORY 10 (Register 2021, No.
						36).
12. Amendment of subsection (d) refiled 10-4-2021 as an emergency,
						with additional amendment of subsection (d); operative 10-8-2021 pursuant to
						Government Code section
						11346.1(d)
						(Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by
						1-6-2022 pursuant to Government Code section
						11346.1(h)
						or emergency language will be repealed by operation of law on the following
						day.
13. Certificate of Compliance as to 10-4-2021 order, including
						further amendment of subsection (d), transmitted to OAL 12-7-2021 and filed
						1-5-2022; amendments operative 1-5-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 1).
14. 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.