reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 1 - Rules of Construction and Definitions › Section 2000 - Rules of Construction and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Rules of Construction. The following rules of construction apply to the
				  regulations contained in this division, except as otherwise noted:
(1) The enumeration of some criteria for the
				  making of discretionary decisions does not prohibit the application of other
				  criteria reasonably related to the decision being made.
(2) The order in which criteria are listed
				  does not indicate their relative weight or importance.
(3) "Inmate," "prisoner," or "parolee"
				  applies to any person who is or has been committed to the custody of the
				  Director of Corrections, including inmates, residents, parolees, and
				  dischargees, regardless of that person's present status.
(4) "Regulation" means rule or
				  regulation.
(5) "Shall" is
				  mandatory, "should" is advisory, and "may" is permissive.
(6) The past, present, or future tense
				  includes the others.
(7) The
				  masculine gender includes the feminine gender; the singular includes the
				  plural.
(8) The symbol " refers
				  only to board rules contained in this division.
(9) The time limits specified in these rules
				  do not create a right to have the specified action taken within the time
				  limits. The time limits are directory, and the failure to meet them does not
				  preclude taking the specified action beyond the time
				  limits.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 2 - Personnel [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 2 (section
				  2005 and Appendix) filed
				  7-12-2006; operative 8-11-2006. Approved by Fair Political Practices Commission
				  5-24-2006 (Register 2006, No. 28).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 3 - Policy Making Procedures › Section 2015 - Board Meetings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section title filed 12-28-79 as procedural and organizational; designated
					 effective 1-1-80 (Register 79, No. 52).
2. 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
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 3 - Policy Making Procedures › Section 2016 - Adoption of Policy and Procedures: The Board Rules. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-28-79 as procedural and organizational; designated effective 1-1-80
					 (Register 79, No. 52).
2. 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
						5076.2, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 3 - Policy Making Procedures › Section 2017 - Administrative Directive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. An Administrative Directive is a communication from the chairman
				  concerning any information the chairman feels should be disseminated. An
				  Administrative Directive may be signed by the chairman, vice-chairman or the
				  executive officer.
(b) Internal
				  Communications. The Administrative Directive may be used for the following
				  internal communications:
(1) Information
				  concerning personnel changes, court decisions and other information which does
				  not change procedures.
(2) Changes
				  in forms and instructions regarding the use and distribution of
				  forms.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2025 - Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All regulations adopted by the board shall be filed and made public and shall
				  be in language easily understood by the general public. When promulgating
				  regulations, the board shall comply with the Administrative Procedure Act and
				  shall maintain and publish a compendium of regulations.
(b) Individual Cases. Public comment in
				  individual cases shall be considered under the procedures established in this
				  article.
1. Repealer
					 of Article 4 (Sections
					 2025-2030) and new Article 4
					 (Sections 2025-2029) filed 2-17-78;
					 effective thirtieth day thereafter (Register 78, No. 7). For prior history, see
					 Register 77, No. 44.
2. Amendment of subsection (a) filed 11-13-85;
					 effective thirtieth day thereafter (Register 85, No. 46).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2026 - Summary of the Administrative Procedure Act. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register
					 79, No. 24).
2. Amendment of subsection (a) filed 12-28-79 as
					 procedural and organizational; designated effective 1-1-80 (Register 79, No.
					 52).
3. 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
						5076.2, Penal
						Code and Sections
						11420-
						11427,
						Government Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2027 - Public Participation in Rulemaking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Informal Petition. Any interested person may inquire or make suggestions
				  concerning the regulations by writing to the executive officer of the
				  board.
(b) Formal Petition. Any
				  interested person may petition the board requesting the adoption, amendment, or
				  repeal of a regulation. The petition shall state clearly and concisely the
				  substance or nature of the regulation, amendment, or repeal requested, the
				  reason for the request, and reference to the authority of the board to take the
				  action requested. Upon receipt of a petition requesting the adoption,
				  amendment, or repeal of a regulation, the board shall within 30 days deny the
				  petition in writing, stating the reasons, or schedule the matter for public
				  hearing.
(c) Court Review. Any
				  interested person may bring an action for declaratory relief pursuant to the
				  provisions of the Code of Civil Procedure.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2028 - Public Comment in Individual Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Any person may submit information concerning any prisoner or parolee
				  and the offenses. Written comments from the public shall be directed to the
				  executive officer of the board who shall forward the comments to the prisoner's
				  or parolee's central file for the consideration of future hearing panels. The
				  board shall consider, in deciding whether to release a prisoner on parole, all
				  information received from the public.
(b) Proposed Decisions. Any person may submit
				  information which was not available to the hearing panel or comments on a
				  proposed decision. Comments or new information shall be submitted to the
				  executive officer who shall forward the information to the decision review unit
				  and to the prisoner, parolee, district attorney and prisoner or parolee's
				  attorney. The comments shall be incorporated into the hearing record and
				  considered before the decision is effective. If information submitted may
				  substantially affect the decision, it shall be submitted to the board review
				  committee for disposition in accordance with section
				  2041.
1. Amendment
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
2. Amendment of subsection (a) filed 3-11-87; effective
					 thirtieth day thereafter (Register 87, No. 11).
3. Amendment of
					 subsection (b) filed 1-19-90; operative 2-18-90 (Register 90, No.
					 5).
4. Editorial correction of printing error in subsection (b)
					 (Register 91, No. 29).
Note: Authority cited: Sections
						3041 and
						3052, Penal
						Code. Reference: Sections
						3042 and
						3043.5, Penal
						Code; In re Fain (1976) 65 Cal.App.3d 376.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2029 - Victims, Next of Kin, and Immediate Family Members at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notice to Board. Victims or, if the victim has died, the next of kin or
				  immediate family members may, upon request to the Board of Prison Terms,
				  receive notification of any parole consideration hearing, to review or consider
				  the parole suitability for any prisoner in a state prison, so that an
				  opportunity to make a statement is afforded them. The Board shall notify each
				  such person who has informed it of his or her address at least 30 days prior to
				  the hearing date.
(b) Notification
				  and Appearance, Next of Kin. The next of kin and immediate family members shall
				  be entitled to notification and to appear under this section in the following
				  order:
(1) spouse
(2) children
(3) parents
(4) siblings
(5) grandchildren
(6) grandparents
If one person qualifies as the next of kin, he or she shall
					 be entitled to notice and appearance under this
					 section.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2029.1 - Visitors and Observers at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Visitors and observers may attend individual case hearings
					 if prior permission has been obtained from any commissioner, deputy
					 commissioner, person assigned to the hearing panel, the chairman, or the
					 executive officer, subject to the authority of the hearing panel to exclude
					 visitors and observers upon the request of the prisoner or parolee or upon the
					 panel's own motion. Attendance may be permitted only for educational or
					 informational purposes. Persons having a personal interest in the case shall
					 disclose that interest when requesting permission to attend. Visitors and
					 observers may not participate in the hearing except to review written records
					 as permitted by law.
1. New
					 section created and amended from second paragraph of section
					 2029 filed 4-24-92; operative
					 5-25-92 (Register 92, No. 19).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3043,
						3043.1,
						3043.2,
						3043.3,
						3043.5,
						5075 and
						5076.1, Penal
						Code; and Section
						11120,
						Government Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2030 - Prosecutor Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Hearings in Which Prosecutors May Participate.
(1) General. Except as otherwise provided in
				  this section, the Chairman or Executive Officer may permit a representative of
				  the office which prosecuted a prisoner or parolee to participate in any board
				  hearing when the prisoner or parolee is represented by an attorney.
(2) Extended Term Hearings. A representative
				  of the Attorney General or the district attorney of the county from which the
				  prisoner was committed may participate in any extended term hearing for that
				  prisoner.
(3) Parole Consideration
				  and Rescission Hearings for Life Prisoners. A representative of the district
				  attorney of the county from which a life prisoner was committed may participate
				  in any parole consideration or rescission hearing for that prisoner. If the
				  Attorney General prosecuted the case for the county, or if the district
				  attorney cannot appear because of a conflict, the Attorney General may appear
				  and participate in the hearing for the district attorney.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 4 - Public Participation › Section 2031 - Media Representatives at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Representatives of newspapers and wire services may attend
					 life parole consideration, rescission, revocation, and revocation extension
					 hearings. Requests to attend a particular hearing shall be submitted to the
					 executive officer no later than three working days before the hearing. Requests
					 to attend life prisoner parole hearings may be submitted no earlier than two
					 working days after the date of issuance of the monthly notice of hearings. The
					 executive officer shall determine the number of media representatives who may
					 attend the hearing after considering the custody and security requirements of
					 the department and the space reasonably available at the prison or other
					 incarcerating jurisdiction.
If the number of media representatives requesting
					 permission to attend the hearing exceeds the number who will be permitted, the
					 executive officer shall submit to the Capital Correspondents Association of
					 Sacramento (Association) the names of the representatives wishing to attend.
					 The Association shall consider the need for national, statewide and local
					 coverage and recommend who should be permitted to attend the hearing. The
					 Association shall submit its recommendation to the executive officer. The
					 executive officer shall decide which media representatives will be permitted to
					 attend.
If the executive officer disapproves the Association's
					 recommendations or if the Association has not recommended media representatives
					 no later than four working days before the hearing, the executive officer shall
					 decide who will be permitted to attend. The executive officer shall make the
					 designation considering the need for national, statewide and local
					 representation.
The executive officer shall notify the designated media
					 representatives at least three working days before the hearing.
An electronic sound recording of the hearing may be
					 made.
The hearing panel may exclude any media representative for
					 cause and shall exclude all media representatives while confidential materials
					 are discussed at the hearing.
1. New
					 section filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
					 4).
2. Amendment filed 5-1-80; effective thirtieth day thereafter
					 (Register 80, No. 18).
3. Amendment filed 6-14-84; effective
					 thirtieth day thereafter (Register 84, No. 24).
4. Editorial
					 correction of NOTE No. 3 amending filing date from 6-14-83 to 6-14-84.
					 (Register 91, No. 11).
5. Amendment filed 2-4-91; operative 3-6-91
					 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						3060, Penal
						Code; Section
						11126,
						Government Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 5 - Individual Case Decisions › Section 2040 - Lifer Decisions, Public Threat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Board decisions as to parole suitability shall include a
					 statement that the board has reviewed all information received from the public
					 and its conclusion as to whether the person would pose a threat to the public
					 if released on parole.
1. Repeal of
					 Article 5 (Sections
					 2040-2045) and new Article 5
					 (Sections 2040-2044) filed 2-17-78;
					 effective thirtieth day thereafter (Register 78, No. 7).
2. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
3. New section filed 3-11-87; effective
					 thirtieth day thereafter (Register 87, No. 11).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3043.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 5 - Individual Case Decisions › Section 2041 - Review of Proposed Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Board decisions, except decisions made at documentation hearings and
				  decisions which do not require a hearing, are proposed decisions and shall be
				  reviewed prior to their effective date in accordance with the following
				  procedures. Except as provided in subdivision (j), an order for a new hearing
				  vacates a proposed decision. Any other board decision may be reviewed after its
				  effective date as provided in these rules or as specified by the
				  chairperson.
(b) Review of
				  Decisions at Revocation Hearings. Decisions made at revocation hearings shall
				  be effective on the date signed by the panel. P&CSD shall immediately
				  implement the decision. A decision may be reviewed within 10 days by the
				  decision review unit. If the decision review unit disapproves the decision and
				  orders a new hearing, the parolee shall be notified and, if necessary, the
				  parole agent shall place a hold following the criteria of §§
										2600-2602. If the decision review
				  unit modifies the decision without a new hearing, the parole agent shall
				  implement the modified decision immediately.
(c) Decision Review Unit. The decision review
				  unit shall be composed of at least one deputy commissioner as designated by the
				  chairperson except as otherwise provided in this section.
(d) Review of Decisions from Mentally
				  Disordered Offender Hearings. Proposed decisions made at Mentally Disordered
				  Offender Certification, Placement, and Annual Review Hearings shall be
				  implemented immediately by staff from the Department of Mental Heath, P&CSD
				  and the board. The decision shall be reviewed by the chief deputy commissioner
				  or a designee. Within 20 days of the hearing, the chief deputy commissioner
				  may:
(i) affirm the proposed
				  decision,
(ii) order a new hearing,
				  or
(iii) modify the decision without
				  a new hearing. No decision shall be modified without a new hearing if the
				  modification would be adverse to the interests of the parolee. If the chief
				  deputy commissioner disapproves the decision and orders a new hearing, the
				  parolee shall be notified and, if necessary, the parole agent shall place a
				  hold following the criteria specified in §§
											2600-2602. If the chief deputy
				  commissioner modifies the decision without a new hearing, staff from the
				  Department of Mental Health, P&CSD and the board shall implement the
				  modified decision immediately. Decisions subject to this subdivision shall be
				  given an effective date not later than 20 days from the hearing, unless
				  expedited under subdivision (k).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 5 - Individual Case Decisions › Section 2042 - Review Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the decision review process is to assure
					 complete, accurate, consistent and uniform decisions and the furtherance of
					 public safety. Criteria for disapproval of a decision include a determination
					 by the board that the panel made an error of law, or that the panel's decision
					 was based on an error of fact, or that new information should be presented to
					 the board, any of which when corrected or considered by the board, has a
					 substantial likelihood of resulting in a substantially different decision upon
					 a rehearing. In deciding if a decision should be approved, board staff shall
					 review the information available to the panel that made the decision and any
					 information received as provided in §
										2028.
1. Amendment
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
2. Amendment of first paragraph and NOTE filed 9-23-96;
					 operative 10-23-96 (Register 96, No. 39).
3. Amendment of section
					 and NOTE filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
Note: Authority cited: Sections
						3052 and
						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 1 - General › Article 5 - Individual Case Decisions › Section 2043 - Final Date of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any proposed decision granting, modifying, or denying a
					 parole date for a life prisoner shall become final no later than 120 days after
					 the hearing at which the proposed decision was made. No Life Prisoner shall be
					 released on parole prior to 60 days from the date of the hearing.
1. Amendment
					 filed 12-28-79 as procedural and organizational; designated effective 1-1-80
					 (Register 79, No. 52).
2. Amendment filed 2-8-80; effective
					 thirtieth day thereafter (Register 80, No. 6).
3. Amendment filed
					 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
4. Amendment of section and NOTE filed 12-20-93; operative
					 1-19-94 (Register 93, No. 52).
5. Amendment of section heading,
					 section and NOTE filed 10-14-2003; operative 11-13-2003 (Register 2003, No.
					 42).
6. 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: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						3042, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 5 - Individual Case Decisions › Section 2044 - En Banc Referral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The full board shall review within a maximum of 60 days from the date of the
				  hearing any proposed decision referred by a member of the hearing panel who
				  requests the full board to consider the case, or from the date of receipt of a
				  request for review by the Governor under the provisions of Penal Code section
				  3041.1. The
				  case shall be referred to the executive officer or chief deputy commissioner
				  for any preparation which is necessary prior to the meeting.
(b) In reviewing a decision upon the request
				  of the Governor, a vote in favor of parole by a majority of the current board
				  members shall be required to grant parole. If a majority of the board agrees
				  with the decision reached by a majority of the panel, it shall approve the
				  decision.
(c) If a majority of the
				  board disagrees with the decision reached by a majority of the panel, the
				  decision is vacated and the matter shall be scheduled for a new hearing. The
				  decision from the new hearing shall be the decision in the case subject to
				  §
										2041.
1. Amendment
					 filed 10-25-79; effective thirtieth day thereafter (Register 79, No.
					 43).
2. Amendment filed 3-11-87; effective thirtieth day thereafter
					 (Register 87, No. 11).
3. Amendment filed 2-4-91; operative 3-6-91
					 (Register 91, No. 11).
4. Amendment filed 10-14-2003; operative
					 11-13-2003 (Register 2003, No. 42).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						3041.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2050 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to section
					 3041.6 of the
					 Penal Code, the board shall determine whether a proceeding is conducted in
					 person or by videoconference.
1. New
					 article 6 (sections
					 2050-2063) and section filed
					 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). A
					 Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency
					 language will be repealed by operation of law on the following day. For prior
					 history of article 6, see Register 2005, No. 53.
2. New article 6
					 (sections 2050-2063 and new section
					 2064) and section refiled
					 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Editorial correction of HISTORY 2 (Register 2022, No. 26).
4. New article 6 (sections
					 2050-2063) and section refiled
					 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 6-27-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.6, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2052 - Method of Conducting a Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  proceeding is conducted by videoconference if the inmate, or the inmate's
				  attorney if the inmate waives participation in the proceeding, communicates by
				  videoconference with all the hearing officers assigned to conduct the
				  proceeding. Neither the inmate nor the inmate's attorney is physically present
				  with the hearing officers.
(b) A
				  proceeding is conducted in person if the inmate, or the inmate's attorney if
				  the inmate waives participation in the proceeding, communicates with all the
				  hearing officers assigned to conduct the proceeding while physically present
				  with the hearing officers.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 6-27-2022 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 6-27-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.6, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2053 - Videoconference Presumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proceedings shall be conducted by videoconference unless
					 otherwise specified in this article. This presumption applies to
					 multi-jurisdiction inmates located outside of California under section
					 2367 of this division if
					 videoconference is available where the inmate is located.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency, including
					 amendments; operative 3-28-2022 (Register 2022, No. 13). A Certificate of
					 Compliance must be transmitted to OAL by 6-27-2022 or emergency language will
					 be repealed by operation of law on the following day.
3. New section
					 and subsequent amendments refiled 6-27-2022 as an emergency; operative
					 6-27-2022 (Register 2022, No. 26). A Certificate of Compliance must be
					 transmitted to OAL by 9-26-2022 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 6-27-2022 order, including amendment of section, transmitted to OAL
					 9-26-2022 and filed 11-7-2022; amendments effective 11-7-2022 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.6, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2054 - Exceptions to Videoconference Presumption for Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Board staff shall schedule an inmate for an in-person proceeding if the board
				  determines that an in-person proceeding is necessary for the hearing officers
				  to establish effective communication with the inmate.
(b) When determining whether an in-person
				  proceeding is necessary pursuant to subsection (a), board staff shall consider
				  information available 180 days prior to the date of the hearing including, but
				  not limited to, the following:
(1) The inmate
				  has been identified by the department as part of the department's Developmental
				  Disability Program;
(2) The inmate
				  has been identified by the department as part of the department's Disability
				  Placement Program, and the department has determined and documented at least
				  one of the following:
(A) The inmate has a
				  hearing impairment that affects the department's housing of the individual,
				  such as deafness or severe hearing impairment;
(B) The inmate's primary method of
				  communication is sign language;
(C)
				  The inmate has a speech impairment that affects the department's housing of the
				  individual, such as aphasia or severe speech impediment; or
(D) The inmate has been identified by the
				  department as having a learning disability and the disability affects the
				  inmate's ability to effectively communicate through videoconference technology,
				  such as auditory processing disorder; and
(3) The inmate has been documented by the
				  department as having a medical condition that significantly impacts their
				  ability to understand or communicate with others.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2055 - Requesting Proceedings by Videoconference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If an inmate is scheduled for an in-person proceeding, the inmate may submit a
				  written request to the board at least 100 days prior to the proceeding
				  requesting that the proceeding be conducted by videoconference. The request
				  shall state the reason for the request and affirm that, to the best knowledge
				  of the requestor, an in-person proceeding is not necessary for the hearing
				  officers to establish effective communication with the inmate. The board will
				  review the request and schedule a videoconference proceeding if it determines
				  that an in-person proceeding is likely not necessary for the hearing officers
				  to establish effective communication with the inmate.
(b) This section does not apply to medical
				  parole hearings or hearings for offenders with a mental health
				  disorder.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency, including
					 amendment of subsection (b); operative 3-28-2022 (Register 2022, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section and subsequent amendments refiled 6-27-2022 as
					 an emergency; operative 6-27-2022 (Register 2022, No. 26). A Certificate of
					 Compliance must be transmitted to OAL by 9-26-2022 or emergency language will
					 be repealed by operation of law on the following day.
4. Certificate
					 of Compliance as to 6-27-2022 order, including amendment of subsection (a),
					 transmitted to OAL 9-26-2022 and filed 11-7-2022; amendments effective
					 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041.6 and
						3550, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2056 - Special Circumstances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an inmate is scheduled for an in-person proceeding, and exigent circumstances, such as natural disasters or a state of emergency, or circumstances beyond the control of the board, such as the inmate's housing location, prevent conducting the proceeding in person, the board shall allow the inmate, upon recommendation from their attorney, to attend the proceeding by videoconference. All other participants may attend the proceeding by videoconference. If the issue arises during the week of the hearing, the hearing officers shall determine whether to continue the proceeding in accordance with paragraph (1) of subsection (e) of section 2253 of this division. Nothing in this section shall prohibit or limit the board's ability to postpone the proceeding under subsection (d) of section 2253 of this division.
Note: Authority cited: Section 12838.4, Government Code; and
						Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.6, Penal Code.
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.6, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2057 - Participation at Parole Hearings and Medical Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whether a hearing is conducted in person or by videoconference, the inmate's attorney and the interpreter shall be physically present with the inmate during the hearing unless any of the following applies:
(1) The inmate waives the physical presence of their attorney;
(2) The inmate waives their own right to attend the hearing;
(3) The inmate refuses to attend the hearing;
(4) The board determines that the interpreter shall attend the hearing by videoconference due to the interpreter's remote location or availability; or
(5) Circumstances beyond the control of the inmate's attorney or the interpreter, such as the inmate's medical condition or the housing location, prevent the attorney or the interpreter from being physically present with the inmate during the hearing.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2058 - Participation at Hearings for Offenders with Mental Health Disorders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearings for offenders with mental
				  health disorders shall be conducted in person unless circumstances in subsection (b)
				  apply.
(b) If a parolee is scheduled for
				  an in-person hearing and exigent circumstances, such as natural disasters or a state
				  of emergency, or circumstances beyond the control of the board, such as the
				  parolee's housing location, prevent conducting the proceeding in person, the board
				  shall conduct the hearing by videoconference, if available. If videoconference is
				  not available, the board shall conduct the hearing by telephone.
(c) The parolee's attorney and the interpreter
				  shall be physically present with the parolee during the hearing unless any of the
				  following applies:
(1) The parolee waives their
				  own right to attend the proceeding, upon consulting with their attorney;
(2) The parolee refuses to attend the
				  proceeding;
(3) The board determines
				  that the interpreter shall attend by videoconference due to the interpreter's remote
				  location or availability; or
(4) Exigent
				  circumstances or circumstances beyond the control of the parolee's attorney or the
				  interpreter as outlined in subsection (b) prevent the attorney or the interpreter
				  from being physically present with the parolee during the proceeding.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2059 - Participation at Consultations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Consultations shall be conducted by videoconference unless an in-person
				  consultation is necessary for the hearing officer to establish effective
				  communication with the inmate. If the hearing officer determines that an
				  in-person consultation is necessary, the hearing officer shall postpone the
				  consultation so that an in-person consultation can be scheduled.
(b) Any interpreter shall appear by
				  telephone, unless the hearing officer determines that it is necessary for the
				  interpreter to appear in person or by videoconference for the hearing officer
				  to establish effective communication with the inmate. If the hearing officer
				  determines that an in-person interpreter is necessary, the hearing officer
				  shall postpone the consultation so that an interpreter can be scheduled to
				  appear in person.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Refiling of 9-27-2021 order on 3-28-2022 as an emergency,
					 including renumbering of former section
					 2059 to section
					 2060 and new section
					 2059; operative 3-28-2022
					 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL
					 by 6-27-2022 or emergency language will be repealed by operation of law on the
					 following day.
3. Refiling of 9-27-2021 and 3-28-2022 orders on
					 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 6-27-2022 order, including
					 amendment of subsection (b), transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						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 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2060 - Notification of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When notifying victims and victim's next of kin under
					 subdivision (a) of section
					 3043 of the
					 Penal Code, and representatives of the prosecuting agency under section
					 3041.7 of the
					 Penal Code, of an upcoming proceeding, the board shall identify the manner in
					 which they may attend the proceeding.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Refiling of 9-27-2021 order on 3-28-2022 as an emergency,
					 including renumbering of former section
					 2060 to section
					 2061 and renumbering of former
					 2059 to section
					 2060; operative 3-28-2022
					 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL
					 by 6-27-2022 or emergency language will be repealed by operation of law on the
					 following day.
3. Refiling of 9-27-2021 and 3-28-2022 orders on
					 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 6-27-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041.7 and
						3043, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2061 - Participant Availability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Victims, victim's next of kin, members of the victim's
					 family, victim's representatives, victim's support persons, representatives of
					 the prosecuting agency, visitors, observers, and media representatives shall be
					 available at the start time of the proceeding. Failure to do so shall result in
					 loss of the opportunity to participate in the proceeding if the hearing officer
					 determines it would significantly delay the proceeding or the remaining hearing
					 calendar for the day. The hearing officers shall review any statements
					 submitted under section
					 2029 of this division and sections
					 3041.7 and
					 3043.2 of the
					 Penal Code in accordance with paragraph (1) of subdivision (a) of section
					 3041.5 of the
					 Penal Code.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Refiling of 9-27-2021 order on 3-28-2022 as an emergency,
					 including renumbering of former section
					 2061 to section
					 2062 and renumbering and amendment
					 of former 2060 to section
					 2061; operative 3-28-2022
					 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL
					 by 6-27-2022 or emergency language will be repealed by operation of law on the
					 following day.
3. Refiling of 9-27-2021 and 3-28-2022 orders on
					 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 6-27-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041.5,
						3041.6,
						3041.7 and
						3043.2, Penal
						Code.