California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 15 - Parole Consideration for Determinately-Sentenced Nonviolent Offenders › Section 2449.7 - Decision Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An inmate may request review of a decision on the merits issued under Section
				  2449.4 or a decision vacating a
				  previous approval for release issued under Section
				  2449.6 by submitting a written
				  request to the board within 30 calendar days of the inmate being served the
				  decision. The inmate's written request shall include a description of why the
				  inmate believes the previous decision was not correct and may include
				  additional information not available to the hearing officer at the time the
				  previous decision was issued.
(b)
				  The Chief Hearing Officer or an associate chief deputy commissioner may also
				  initiate a review under this section at any time prior to the inmate's release
				  if the previous decision contained an error of law, an error of fact, or if the
				  board receives new information that would have materially impacted the previous
				  decision had it been known at the time the decision was issued.
(c) A hearing officer, associate chief deputy
				  commissioner, or the Chief Hearing Officer, who was not involved in the
				  original decision, shall complete a review of the decision within 30 calendar
				  days of the board receiving the request.
(d) The hearing officer, associate chief
				  deputy commissioner, or the Chief Hearing Officer reviewing the previous
				  decision shall consider all relevant and reliable information and issue a
				  decision either concurring with the previous decision or overturning the
				  previous decision with a statement of reasons supporting the new
				  decision.
(e) A copy of the
				  decision shall be served on the inmate and placed in the inmate's central file
				  within 15 business days of being issued.
(f) Within five business days of issuing a
				  decision under this section that overturns a previous decision issued under
				  Section 2449.4 or
				  2449.6, the board shall send
				  notice of the decision to any victim who was registered at the time of the
				  referral and any prosecuting agency or agencies that received notice under
				  Section 2449.3. Inmates who are denied
				  release under this section shall be reviewed for possible referral to the board
				  again annually as provided in subsection
				  3492(b) of
				  Division 3 of this title.
(g) If a
				  decision under this section overturns a previous decision that determined the
				  inmate was not eligible for parole consideration under Section
				  3491 of Division 3 of this title,
				  the board shall proceed with the notification process outlined in Section
				  2449.3. The board shall also,
				  within 60 calendar days, conduct a review on the merits under Section
				  2449.4.
(h) Decisions under this section are not
				  subject to the department's inmate appeal process under Article 8 of Chapter 1
				  of Division 3 of this title.
1. New
					 section filed 5-1-2018; operative 5-1-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 18).
2. Amendment of subsections (a) and (f)-(h)
					 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.
3. 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).
Note: Authority cited: Cal. Const., art. 1, sec.
						32(b). Reference:
						Cal. Const., art. 1, sec.
						32(a).