California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 4 - Decision Review › Section 2157 - Decision Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An inmate may request review of a decision issued under section
				  2151, or a review on the merits
				  decision issued under section
				  2156 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 board 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 date of the inmate's next
				  parole consideration hearing 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 15 business 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 that determined
				  the board had jurisdiction under section
				  2151, or a review on the merits
				  decision issued under section
				  2156, the board shall send notice
				  of the decision to any victim who received notice under section
				  2155.
(g) If a decision under this section
				  overturns a previous decision that determined the board did not have
				  jurisdiction to conduct a review under section
				  2151 or that determined one or
				  more of the circumstances in section
				  2154(b) applied,
				  the board shall proceed with the notification process outlined in section
				  2155. The board shall also conduct
				  a review on the merits under section
				  2156.
(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
					 article 4 (section
					 2157) and section filed 10-22-2018
					 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A Certificate of
					 Compliance must be transmitted to OAL by 4-22-2019 or emergency language will
					 be repealed by operation of law on the following day.
2. New article
					 4 (section
					 2157) and section refiled
					 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A
					 Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 4-22-2019 order transmitted
					 to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code; and In re Vicks (2013) 56 Cal.4th 274.