California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2600.1 - Sexually Violent Predator Screening, Holds, and Board Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon notification from the Division of Adult Institutions, Department of Mental
				  Health, or Board of Parole Hearings (board) staff that either an inmate or
				  parolee in revoked status may or does require a full evaluation pursuant to
				  subdivisions (c) through (i) inclusive of Welfare and Institutions Code section
				  6601
				  to determine whether that person may be subject to commitment as a sexually
				  violent predator, the board may order imposition of a temporary hold on the
				  person for up to three (3) working days beyond their scheduled release date
				  pending a good cause determination by the board pursuant to section
				  6601.3
				  of the Welfare and Institutions Code where exceptional circumstances preclude
				  an earlier evaluation by the person pursuant to section
				  6601
				  of the Welfare and Institutions Code.
(b) Staff shall document that either inmates
				  or parolees in revoked status subject to the temporary hold in subdivision (a)
				  of this section either have been screened or are in the process of being
				  screened as a person likely to be a sexually violent predator pursuant to
				  Welfare and Institutions Code section
				  6601(b).
				  The good cause determination by the board pursuant to subdivisions (c) and (d)
				  of this section must occur within the time period of the temporary
				  hold.
(c) Board determinations
				  pursuant to Welfare and Institutions Code section
				  6601.3
				  shall be conducted by one commissioner or one deputy commissioner.
(d) For purposes of this section, good cause
				  to place a 45-day hold pursuant to Welfare and Institutions Code section
				  6601.3
				  exists when either the inmate or parolee in revoked status is found to meet all
				  the following criteria:
(1) Some evidence
				  that the person committed a sexually violent offense by force, violence,
				  duress, menace, or fear of immediate and unlawful bodily injury on the victim
				  or another person, or threatening to retaliate in the future against the victim
				  or any other person on, before, or after January 1, 1996, which resulted in a
				  conviction or a finding of not guilty by reason of insanity of one or more
				  felony violations of the following Penal Code Sections: 261, 262, 264.1, 269,
				  286, 288, 288(a), 288.5, 289 or any felony violation of sections
				  207,
				  209 or
				  220, committed with the intent to
				  commit a violation of sections
				  261,
				  262,
				  264.1,
				  286,
				  288,
				  288 a, or 289. The preceding
				  felony violations must be against one or more victims.
If the victim of one of the felony violations listed above
					 is a child under 14, then it is considered a sexually violent offense.
A prior finding of not guilty by reason of insanity for an
					 offense described in this subdivision, a conviction prior to July 1, 1977 for
					 an offense described in this subdivision, a conviction resulting in a finding
					 that the person was a mentally disordered sex offender, or a conviction in
					 another state for an offense that includes all of the elements of an offense
					 described in this subdivision, shall also be deemed to be a sexually violent
					 offense, even if the offender did not receive a determinate sentence for that
					 prior offense.
(2) Some
				  evidence that the person is likely to engage in sexually violent predatory
				  criminal behavior.