California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 9 - Parole Revocation Extension Procedures › Section 2742 - Parole Violation Extension Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Notwithstanding the provisions of Section
				  2740, the board may extend the
				  confinement pursuant to parole revocation for a maximum of an additional 12
				  months for subsequent acts of misconduct committed by the parolee while
				  confined pursuant to that parole revocation.
(b) Reportable In-Custody Misconduct. Upon
				  discovery of a parolee's misconduct, the institution or county jail/holding
				  facility staff will determine whether or not the conduct is reportable to the
				  Board of Prison Terms as conduct for which revocation custody time may be
				  extended under Penal Code Section
				  3057(c).
(c) Reporting. CDC/county jail staff shall
				  present the parolee's misconduct to the Board of Prison Terms. Reports of
				  misconduct shall be forwarded whether or not the underlying conduct has been
				  adjudicated by CDC.
Institutional staff shall prepare and present their cases
					 to any available deputy commissioner or commissioner for screening and
					 disposition of the case at the institution where the parole violator is
					 housed.
County jail cases will be forwarded to the regional
					 headquarters, P&CSD, where they will be presented to a deputy commissioner
					 or commissioner for screening and disposition.
(d) Extension Pending Hearing. In any
				  misconduct case in which the parolee is within 45 days of his/her re-release
				  date, and where there is no deputy commissioner or commissioner personally
				  available, staff shall report the misconduct by telecopier to the board central
				  office calendar for immediate action requesting that the parolee's re-release
				  date be extended for a period not to exceed 30 days for misconduct punishable
				  as a serious disciplinary offense or for a period not to exceed 45 days for
				  misconduct punishable as a misdemeanor or felony. The signature of one
				  commissioner or deputy commissioner shall be required to order the extension
				  pending revocation extension proceedings.
(e) Urgent Extension Pending Hearing. In
				  those instances wherein the act of misconduct takes place immediately prior to
				  release or during such time as the Board of Prison Terms is closed (holidays,
				  weekends, evenings, etc.), and the release of the parolee/inmate would
				  otherwise take place without an action by the board, staff may contact
				  authorized BPT employees by phone and these persons may order that the
				  parolee's release be extended without written order. Any telephonic extension
				  so ordered shall be confirmed by the person ordering it in writing on the next
				  working day.
(f) Screening.
				  Screening (offering and accepting stipulated dispositions) shall be conducted
				  by one deputy commissioner or commissioner and an extension period offered
				  commensurate with the degree of seriousness of the misconduct. If the parolee
				  accepts the revocation extension offer, he/she shall sign an unconditional
				  waiver, under the provisions of section
				  2641(a). In cases
				  where there is insufficient information to support a good cause finding but the
				  reviewer believes that upon presentation of additional evidence a good cause
				  finding could be made, the matter will be scheduled for a revocation extension
				  hearing and the commissioner or deputy commissioner shall notify P&CSD that
				  additional evidence must be obtained and provided for the revocation extension
				  hearing.
(g) Optional Waivers. A
				  parolee may sign an optional waiver under section
				  2641(b) in cases
				  where criminal charges are pending relating to the same conduct. Upon
				  disposition of the criminal charges, the parolee may request a hearing or sign
				  an unconditional waiver.
(h)
				  Scheduling. All cases requiring an extension hearing shall be scheduled
				  promptly in order to maintain the availability of witnesses. When the
				  revocation release date has been extended pending a hearing, the hearing shall
				  be conducted prior to the extended revocation release date or the misconduct
				  charges will be dismissed.
(i)
				  Rights. Parolees pending a revocation extension hearing will be afforded the
				  same rights as parolees pending revocation hearings.
(j) Transfer Pending Hearing. Parolees
				  scheduled for revocation extension hearings shall not be transferred from the
				  institution prior to the hearing.
(k) Disposition.
(1) Multiple Misconduct Charges. Multiple
				  misconduct charges shall be assessed consecutive to each other, and shall not
				  exceed 12 months for all misconduct during one parole revocation
				  period.
(2) Disciplinary Rule
				  Violation Schedule. When a hearing panel makes a good cause finding that a
				  prisoner has committed an act of misconduct which is subject to punishment
				  pursuant to Penal Code Section
				  3057, the
				  hearing panel may assess additional time to the prisoner's parole revocation
				  period in accordance with the following schedule:
(A) Felonies. Upon a finding of good cause
				  that a prisoner, confined pursuant to a parole revocation, has committed an act
				  of misconduct punishable as a felony, whether or not prosecution is undertaken,
				  the board may assess from 0-180 days of additional revocation time.
Acts of misconduct which are punishable as felonies include
					 the following:
1. Murder, manslaughter
				  or attempted murder.
2. Aggravated
				  assault by prisoner.
3. Possession
				  or manufacture of any firearm, deadly weapon, or explosive device (includes any
				  sharp instrument).
4. Battery on
				  non-prisoner by prisoner.
5.
				  Assault with a deadly weapon or caustic substance.
6. Rape, Sodomy or oral copulation
				  accomplished against victim with force.
7. Arson involving the burning of a
				  structure.
8. Possession of
				  flammable explosive or combustible material with intent to burn any structure
				  or property.
9. Solicitation of
				  murder, assault with a deadly weapon by means of force likely to produce bodily
				  injury, arson, or a forcible sex act.
10. Taking of a hostage.
11. Escape or attempted escape, with
				  force.
12. Escape from any prison,
				  institution, camp or re-entry facility.
13. Escape or attempted escape without force
				  from a prison, institution, camp or re-entry facility.
14. Willful and intentional destruction of
				  public property valued in excess of $400 in a state prison or county
				  jail.
15. Conspiracy to commit any
				  felony or misdemeanor offense.
16.
				  Assault or battery on a peace officer, not involving the use of a
				  weapon.
17. Furnishing equipment or
				  aiding and abetting an escape or escape attempt.
18. Extortion.
19. Bribery.
20. Solicitation of extortion, bribery or
				  forgery.
21. Arson of land or
				  property of another not involving a structure.
22. Forgery, falsification or alteration of
				  any official record or document prepared or maintained by the department which
				  could affect a term of imprisonment.
23. Possession of any narcotic, drug or
				  controlled substance in a re-entry facility.
24. Manufacture of alcohol.
25. Possession of any alcoholic beverage or
				  intoxicating substance, in any prison, institution or camp including a re-entry
				  facility.
26. Possession of any
				  container, device, contrivance, instrument or paraphernalia intended for
				  unlawfully injecting or consuming narcotics, drugs or alcoholic
				  beverages.
27. Commission of any
				  felony offense not otherwise mentioned in this schedule.
(B) Misdemeanors. Upon a finding of good
				  cause to believe that a prisoner, confined pursuant to a parole revocation, has
				  committed an act of misconduct punishable as a misdemeanor, whether or not
				  prosecution is undertaken, the board may assess from 0-90 days of additional
				  revocation time.
Acts of misconduct which are punishable as misdemeanors
					 include the following:
1.
				  Participating in a riot, rout or unlawful assembly.
2. Inciting a riot.
3. Indecent exposure.
4. Battery on a prisoner in which no serious
				  bodily injury is inflicted and no weapon is used.
5. Theft or embezzlement involving funds or
				  property with a value less than $400.
6. Intentional destruction of state property
				  valued at less than $400.
7.
				  Consensual participation in an act of sodomy or oral copulation.
8. Gambling in any prison, institution, camp
				  or re-entry facility.
9. Commission
				  of any misdemeanor offense not otherwise mentioned in this
				  schedule.
(C) Serious
				  Disciplinary Offenses. Upon a finding of good cause to believe that a prisoner,
				  confined pursuant to a parole revocation, has committed an act of misconduct
				  defined as a serious rule violation pursuant to Section
				  3315, the board may assess from
				  0-30 days of additional revocation time.
Serious disciplinary offenses include but are not limited
					 to the following:
1. Any act committed
				  by a prisoner is a serious disciplinary offense if the act or action of the
				  prisoner is an act of force or violence against another person, a breach of or
				  presents a threat to institution security, a serious disruption of institution
				  operations, the introduction or use of dangerous contraband or controlled
				  substances or an attempt to commit any such act coupled with a present ability
				  to carry out the threat or attempt if not prevented from doing so.
2. Any act of misconduct which is reportable
				  to the Board of Prison Terms.
3.
				  Intentional destruction of state property valued at $50 or more, or intentional
				  damage to state property requiring more than $50 to repair or
				  replace.
4. Hideout or preparation
				  to escape.
5. Possession of escape
				  paraphernalia.
6. Possession of
				  money in an amount of five dollars or more without proper
				  authorization.
7. Acts of
				  disobedience or disrespect which by reason of intensity or context create a
				  potential for violence or mass disruptive behavior.
8. Willfully inciting or attempting to incite
				  other persons to commit an unlawful act of force or violence.
9. Refusal or failure to perform work or
				  participate in programs as ordered or assigned.
10. Participation in a strike or work
				  stoppage.
11. Mail or visiting
				  violations that create a threat to the safety of any individual or to
				  institutional security, including the introduction of dangerous contraband or a
				  controlled substance, or the obtaining or attempt to obtain a family visit by
				  falsification of information.
12.
				  The throwing of any liquid or solid substance on a nonprisoner.
13. Unauthorized possession of official
				  departmental records or documents which could affect any prisoner's
				  sentence.
14. Refusal to submit to
				  a test for controlled substances.
15. Late return or failure to return from
				  authorized temporary release.
16. A
				  pattern of administrative rule violations indicating significant maladjustment,
				  which violations are of increasing seriousness or are of special significance
				  in light of an existing release date.
17. Involvement in a conspiracy to do any or
				  all of the above.