reglab/statecodes huggingface dataset:
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 2449.2 - Jurisdictional Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017,
					 No. 15). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 9-19-2017 as an emergency; operative
					 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 12-18-2017 as an emergency; operative
					 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 12-18-2017 order, including
					 amendment of section heading and repealer and new section, transmitted to OAL
					 3-20-2018 and filed 5-1-2018; amendments operative 5-1-2018 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 18).
5. Repealer 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					 language will be repealed by operation of law on the following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.
6. Certificate of Compliance as to 9-10-2019 order transmitted
					 to OAL 2-13-2020 and filed 3-26-2020 (Register 2020, No. 13).
Note: Authority cited: Cal. Const., art. 1, sec.
						32(b). Reference:
						Cal. Const., art. 1, sec.
						32(a).
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 2449.4 - Review on the Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 30 calendar days of the conclusion of the notification process described
				  under Section
				  2449.3, a hearing officer shall
				  confirm the inmate is eligible for parole consideration under Section
				  3491 of Division 3 of this title
				  and, if the inmate's eligibility is confirmed, review the inmate's case on the
				  merits and determine whether to approve the inmate's release. If the inmate is
				  determined to be ineligible for parole consideration under Section
				  3491 of Division 3 of this title,
				  the hearing officer shall issue a written decision as specified in subsection
				  (d) without conducting a review on the merits under subsection (b) and
				  (c).
(b) The hearing officer shall
				  review and consider all relevant and reliable information about the inmate
				  including, but not limited to:
(1) Information
				  contained in the inmate's central file and the inmate's documented criminal
				  history, including the inmate's Record of Arrests and Prosecutions (RAP sheets)
				  and any return to prison with a new conviction after being released as a result
				  of this section; and
(2) Written
				  statements submitted by the inmate, any victims registered at the time of the
				  referral, and the prosecuting agency or agencies that received notice under
				  Section 2449.3.
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 2449.5 - Factors to Consider During a Review on the Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When conducting a review on the merits under section
				  2449.4, the hearing officer shall
				  weigh the factors in subsections (b) through (h) and, based on the totality of
				  the circumstances, determine if the inmate poses a current, unreasonable risk
				  of violence or a current, unreasonable risk of significant criminal activity.
				  The inmate shall be approved for release if factors aggravating the inmate's
				  risk do not exist or if they are outweighed by factors mitigating the inmate's
				  risk. When weighing the factors aggravating and mitigating the inmate's risk,
				  the hearing officer shall take into account the relevance of the information
				  based on the passage of time, the inmate's age, and the inmate's physical and
				  cognitive limitations. The factors are set forth as general guidelines; the
				  importance attached to any factor or combination of factors in a particular
				  case is left to the judgment of the hearing officer.
(b) The following factors concerning the
				  inmate's current conviction(s), if present, shall be considered as aggravating
				  the inmate's risk.
(1) The inmate personally
				  used a deadly weapon.
(2) There
				  were one or more victims who suffered physical injury or threat of physical
				  injury.
(3) There was a conviction
				  involving large-scale criminal activity.
(4) The inmate played a significant role in
				  the crime(s) as compared to other offenders, if any.
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 2449.6 - Vacating a Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If at any time prior to release an inmate previously approved for release under
				  Section 2449.4 is subsequently determined
				  to no longer be eligible for parole consideration under Section
				  3491 of Division 3 of this title,
				  the Chief Hearing Officer or an associate chief deputy commissioner shall issue
				  a written decision vacating the previous decision that includes a statement of
				  reasons supporting the new decision.
(b) Within 15 business days of issuing a
				  decision under subsection (a), a copy of the decision shall be served on the
				  inmate and placed in the inmate's central file. The board shall, within five
				  business days of issuing a decision under subsection (a), 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.
(c) Inmates may request review of a decision
				  issued under this section by writing the board as provided in Section
				  2449.7 within 30 calendar days of
				  being served the decision. 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 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).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 16 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 2449.30 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following definitions
					 shall apply:
(a) An inmate is an
				  "indeterminately-sentenced nonviolent offender" if the inmate was sentenced to
				  an indeterminate term and none of the following are true:
(1) The inmate is condemned to
				  death;
(2) The inmate is currently
				  incarcerated for a term of life without the possibility of parole;
(3) The inmate is currently serving a term of
				  life with the possibility of parole for a "violent felony;"
(4) The inmate is currently serving a
				  determinate term prior to beginning a term of life with the possibility of
				  parole for a "violent felony;"
(5)
				  The inmate is currently serving an indeterminate term of incarceration for a
				  nonviolent felony offense after completing a concurrent or consecutive
				  determinate term for a "violent felony";
(6) The inmate is currently sentenced to a
				  "violent felony" for an in-prison offense; or
(7) The inmate has completed an indeterminate
				  term of incarceration and is currently serving a determinate term for an
				  in-prison offense.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 16 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 2449.31 - Jurisdictional Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 15 calendar days of a referral from the Department under Section
				  3497 of Division 3 of this title,
				  a hearing officer shall review the inmate's case and determine whether the
				  board has jurisdiction to schedule the inmate for an initial parole
				  consideration hearing.
(b) The
				  board has jurisdiction to schedule the inmate for a parole consideration
				  hearing under Section
				  2449.32 if both of the following
				  are true:
(1) The inmate is eligible for a
				  parole consideration hearing under section
				  3496 of Division 3 of this title;
				  and
(2) The inmate has not
				  previously been scheduled for a parole consideration hearing under any other
				  provision of law and is not eligible for a parole consideration hearing under
				  any other provision of law during the 12 months following the date of the
				  referral screening under Section
				  3497 of Division 3 of this
				  title.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 16 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 2449.32 - Parole Consideration Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An indeterminately-sentenced nonviolent offender shall be scheduled for an
				  initial parole consideration hearing as follows:
(1) If, as of the date of their referral to
				  the board under Section
				  3497 of Division 3 of this title,
				  the inmate's nonviolent parole eligible date was at least 180 calendar days in
				  the future, the inmate shall be scheduled for an initial parole consideration
				  hearing within 60 calendar days following their nonviolent parole eligible
				  date.
(2) If, as of the date of
				  their referral to the board under Section
				  3497 of Division 3 of this title,
				  the inmate's nonviolent parole eligible date was less than 180 calendar days in
				  the future or it was in the past, the inmate shall be scheduled for an initial
				  parole consideration hearing within one year from the date of their referral to
				  the board.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 16 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 2449.33 - Vacating a Jurisdictional Review Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If at any time prior to release an inmate is subsequently determined to be
				  ineligible for a parole consideration hearing under Section
				  3496 of Division 3 of this title,
				  the Chief Hearing Officer or an associate chief deputy commissioner shall:
(1) Issue a written decision vacating the
				  previous jurisdictional decision issued under Section
				  2449.31 that includes a statement
				  of reasons supporting the new decision; and
(2) Vacate all parole decisions resulting
				  from any initial or subsequent parole consideration hearings scheduled under
				  Section 2449.32, except as provided in
				  subsection(b). The provisions of paragraph (3) of subdivision (b) of Section
				  3041 of the
				  Penal Code shall not apply to parole decisions vacated pursuant to this
				  subsection.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 16 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders › Section 2449.34 - Review of Jurisdictional Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An inmate may request review of a jurisdictional decision issued under Section
				  2449.31 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) A
				  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.
(c) The 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.
(d) 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.
(e) If a decision under this section
				  overturns a previous decision issued under section
				  2449.31 that determined the board
				  did not have jurisdiction to review the inmate because he or she was not
				  eligible for parole consideration, the board shall schedule the inmate for an
				  initial parole consideration hearing within 180 calendar days.
(f) 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 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018,
					 No. 52). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 6-6-2019 as an emergency; operative
					 6-11-2019 (Register 2019, No. 23). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 6-6-2019 order, including
					 amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments
					 effective 10-21-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 43).
Note: Authority cited: Cal. Const., art. 1, sec.
						32(b). Reference:
						Cal. Const., art. 1, sec.
						32(a).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 17 - Parole Consideration Hearings for Elderly Inmates › Section 2449.40 - Elderly Inmate Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An elderly inmate is an inmate who meets all of the following criteria for
				  Statutory Elderly Parole:
(1) is fifty years
				  of age or older;
(2) has served a
				  minimum of 20 years of continuous incarceration on the inmate's current
				  sentence;
(3) is currently serving
				  a determinate or indeterminate sentence with the possibility of
				  parole;
(4) was not sentenced
				  pursuant to Penal Code sections
				  1170.12 or
				  667,
				  subdivisions (b) through (i);
(5)
				  was not convicted of first-degree murder of a peace officer, as defined in
				  Penal Code section
				  830.1,
				  830.2,
				  830.3,
				  830.31,
				  830.32,
				  830.33,
				  830.34,
				  830.35,
				  830.36,
				  830.37,
				  830.4,
				  830.5,
				  830.6,
				  830.10,
				  830.11, or
				  830.12, who was
				  killed while engaged in the performance of their duties, and the individual
				  knew, or reasonably should have known, that the victim was a peace officer,
				  engaged in the performance of their duties; and
(6) was not convicted of first-degree murder
				  of a peace officer or former peace officer under any of the above-enumerated
				  Penal Code sections listed in subsection (a)(5), who was intentionally killed
				  in retaliation for the performance of their official
				  duties.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 17 - Parole Consideration Hearings for Elderly Inmates › Section 2449.41 - Scheduling of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The board shall meet with an elderly inmate during the sixth year before the
				  inmate's EPED for a consultation unless the inmate is entitled to an earlier
				  consultation under another provision of law. During this consultation, the
				  board shall provide information about the parole hearing process, legal factors
				  relevant to their suitability or unsuitability for parole, and individualized
				  recommendations regarding their work assignments, rehabilitative programs, and
				  institutional behavior.
(b) An
				  elderly inmate shall be scheduled for an elderly parole hearing within six
				  months following the EPED unless the elderly inmate is entitled to an earlier
				  parole hearing under another provision of law.
(c) If parole is not granted, subsequent
				  elderly parole hearings shall be scheduled in accordance with Penal Code
				  section
				  3041.5,
				  subdivision (b), paragraph (3).
(d)
				  No subsequent elderly parole hearing shall be necessary if the inmate is
				  released pursuant to other statutory provisions prior to the date of the
				  subsequent hearing.
(e) An elderly
				  inmate sentenced to a determinate term shall not be scheduled for a subsequent
				  parole hearing if, on the date of the hearing, they will be within one year of
				  being released pursuant to their Earliest Possible Release Date.
1. New
					 section filed 7-28-2022; operative 10-1-2022 (Register 2022, No. 30).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052,
						3055 and
						5076.2, Penal
						Code. Reference: Sections
						3041.5 and
						3055, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 17 - Parole Consideration Hearings for Elderly Inmates › Section 2449.42 - Elderly Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  panel shall conduct an elderly parole hearing in compliance with the
				  requirements for initial and subsequent parole consideration hearings described
				  in this chapter and Penal Code sections
				  3040,
				  3041,
				  3041.5,
				  3041.7,
				  3042,
				  3043,
				  3043.1,
				  3043.2,
				  3043.25,
				  3043.3,
				  3043.5,
				  3043.6,
				  3044,
				  3046,
				  3051,
				  3051.1, and
				  3055.
(b) In considering an elderly inmate's
				  suitability for parole, the hearing panel shall give special consideration to
				  whether the elderly inmate factors described in section
				  2449.43 of this article have
				  reduced the inmate's risk of future violence. The elderly inmate factors are:
(1) age;
(2) time served; and
(3) diminished physical condition, if
				  any.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 17 - Parole Consideration Hearings for Elderly Inmates › Section 2449.43 - Elderly Inmate Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Age. Consideration of an elderly inmate's age includes the following:
(1) Cognitive decline and its impact on an
				  elderly inmate's ability to process information, convert thought to action, the
				  ability to learn, the ability to plan, recall or reorganize information,
				  organize information, control impulses, execute a task, incorporate feedback,
				  alter a strategy, sustain complex attention, or to calm down when emotionally
				  aroused; and
(2) Physiological
				  changes that decrease the motivation to commit crime or be
				  violent.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 1 - Initiating Proceedings › Section 2450 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The ISL parole date of an ISL prisoner or the parole date
					 of a life or non-life 1168 prisoner may be postponed or rescinded for good
					 cause at a rescission hearing. Rescission proceedings refer to any proceedings
					 which may result in the postponement or rescission of a release date.
1. Amendment
					 of section and new NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000,
					 No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041,
						3041.5 and
						3041.7, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 1 - Initiating Proceedings › Section 2451 - Reportable Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Department staff shall report to the Board at the central
					 office calendar conduct which may result in rescission proceedings. The Board
					 shall determine whether to initiate rescission proceedings. Examples of conduct
					 which must be reported to the Board include:
(a) Disciplinary Conduct.
(1) Assault with a weapon.
(2) Escape.
(3) Physically assaultive behavior.
(4) Possession of a weapon without
				  permission.
(5) Possession of
				  controlled substances without a prescription.
(6) Attempt to escape.
(7) Urging others, with the intent to cause a
				  riot, to commit acts of force or violence, at a time and place and under
				  circumstances which produce a clear and present and immediate danger of a riot
				  which results in acts of force or violence.
(8) Intentional destruction of state property
				  valued in excess of $50.
(9)
				  Falsification of a significant record or document.
(10) Possession of escape tools without
				  permission.
(11) Manufacture or
				  sale of intoxicants.
(12)
				  Threatening the Board or Board staff.
(13) Other conduct which seriously disrupts
				  institutional routine, or which strongly indicates that the prisoner is not
				  ready for release, or which indicates that the prisioner is a danger to himself
				  or others, or which Department staff believes should be reported to the
				  Board.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 1 - Initiating Proceedings › Section 2452 - Procedure for Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reporting. Department staff shall report to the Board at the central office
				  calendar any life, non-life 1168 or ISL prisoner who must be reported under
				  §
										2451.
(b) Time of Report. All cases shall be
				  reported to the Board prior to the prisoner's scheduled release date.
If the case has not been referred to the District Attorney
					 for prosecution, the case shall be reported to the Board within 15 days of the
					 conduct or the discovery of information leading to disciplinary charges.
If the case has been referred to the District Attorney for
					 prosecution, the case should be reported to the Board on the earliest of the
					 following dates:
(1) 60 days before
				  the prisoner's parole date;
(2)
				  Within 15 days of the date upon which the District Attorney notifies the
				  Department that the county will not prosecute the case;
(3) Within 15 days of the date of the
				  criminal prosecution. These time limits are directory only, and the Board may
				  hold a rescission hearing if these time limits are not met in a particular
				  case.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 1 - Initiating Proceedings › Section 2453 - Pre-Rescission Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Scheduling. If the prisoner is scheduled to be released within 20 days, a
				  criminal prosecution is pending, and the criminal prosecution will not
				  terminate before the scheduled release date, Department staff shall schedule a
				  pre-rescission hearing. The prisoner may waive the pre-rescission hearing.
A prisoner who has had or has waived a pre-rescission
					 hearing on any one charge which alone is sufficiently serious to postpone or
					 rescind the release date, is not entitled to a pre-rescission hearing on any
					 other charges.
(b) Time
				  Limits. Pre-rescission hearings should occur before the scheduled release date.
				  Any delay beyond the scheduled release date must be authorized by the Board at
				  the central office calendar.
1. Amendment
					 of section heading and section and new NOTE filed 1-13-2000; operative
					 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041.5 and
						3060, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 1 - Initiating Proceedings › Section 2454 - Scheduling Rescission Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The time limits specified in this section are directory,
					 and failure to meet the time limits does not deprive the Board of jurisdiction
					 to hold the hearing. Department staff shall schedule rescission hearings as
					 follows:
(a) New Commitment. If the
				  prosecution terminates in a sentence to state prison prior to the scheduled
				  rescission hearing, the rescission hearing shall be cancelled, and the prisoner
				  shall be scheduled for a parole hearing as provided in §
										2308(c).
If the prosecution terminates in a sentence to state prison
					 after a rescission hearing, the action at the rescission hearing shall be
					 vacated, and the prisoner shall be scheduled for a parole hearing as provided
					 in §
											2308(c).
(b) Definitions.
(1) Days. Time must be computed in calendar
				  days. If a due date falls on a weekend or holiday, the due date will be the
				  next working day.
(2) Termination
				  of Criminal Prosecution. Criminal prosecution shall be considered terminated
				  when any one or more of the following occur:
(A) The prisoner has been
				  sentenced.
(B) The criminal charges
				  are dismissed for any reason.
(C)
				  The prisoner has been acquitted.
(D) The prisoner has been granted immunity
				  from further prosecution.
(E) The
				  prisoner is diverted under Penal Code section
				  1000.
(F) The prisoner is committed to the
				  Department for diagnosis under Penal Code section
				  1203.03.
(G) The parolee is committed to
				  CRC.
(3) Sentence. A
				  sentence means a fine, a jail sentence, a prison sentence, a probationary
				  sentence (regardless of whether judgment was entered) or any commitment to any
				  agency for diagnosis or treatment (including a temporary commitment to the
				  Department of Health).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2465 - Prisoner Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the rescission hearing, the prisoner shall have the
					 rights specified in §§
										2245-2255, and the following
					 rights:
(a) Notification of the
				  Charges and the Supporting Evidence. The prisoner shall receive a copy of the
				  charges, and any supporting evidence unless designated confidential pursuant to
				  §
										2235.
(b) Attorney. A life prisoner has the right
				  to be represented by an attorney at the rescission hearing. If the life
				  prisoner is indigent, an attorney shall be appointed at state expense. An ISL
				  or non-life prisoner has the right to request the assistance of an attorney.
				  (See §§
										2690-2701.)
(c) Witnesses. The prisoner shall have the
				  right to request the presence of evidentiary witnesses at a rescission hearing.
				  The witnesses shall be called unless the hearing panel has specific reason to
				  deny the request. Witnesses shall be screened in accordance with the procedures
				  of §
										2668. The prisoner may request
				  subpoenas or subpoenas duces tecum as provided in §§
										2675-2682. If denied, the specific
				  reasons for denial shall be documented and a copy of the document given to the
				  prisoner. During the hearing, the prisoner has the right, under the direction
				  of the hearing panel, to question all witnesses.
(d) Notice of the Hearing. The prisoner shall
				  be provided with notice of the hearing at least 30 days prior to the hearing
				  date.
(e) Record. The record of the
				  hearing shall be a stenographic transcript.
1. Amendment
					 of subsection (b) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment of subsection (b) filed 7-21-78 as an emergency; effective upon
					 filing (Register 78, No. 29).
3. Certificate of Compliance filed
					 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c) filed
					 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5.
					 Amendment of section and NOTE filed 1-13-2000; operative 2-12-2000 (Register
					 2000, No. 2).
6. Amendment of section and NOTE filed 1-23-2003;
					 operative 1-23-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 4).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041.5,
						3041.7 and
						5076.3, Penal
						Code; In re Carroll (1978) 80 Cal. App. 3d 22.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2466 - Pre-Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Department staff shall ensure that the board at the central office
				  calendar is notified of all cases which are within 20 days of the release date,
				  and all cases of prisoners with criminal prosecution pending and which are held
				  90 days past the scheduled release date; final rescission hearings are
				  scheduled; written demands for a final hearing are reported to the board at the
				  central office calendar; the prisoner is advised of his rights; prisoner's
				  requests for witnesses are screened; any necessary witnesses are obtained; all
				  documentary and physical evidence is disclosed, unless designated confidential
				  under §
										2235; requests for continuances
				  are decided under §
										2253; and the case is otherwise
				  prepared for the hearing as necessary.
Life Prisoner Rescission. At least 30 days before a life
					 prisoner rescission hearing, Department staff shall notify the district
					 attorney of the county from which the prisoner was committed for the life
					 offense that a representative of the district attorney's office may attend the
					 hearing. If the prosecutor wishes to participate in the hearing, he shall
					 notify the institution hearing coordinator at least 14 days before the hearing.
					 Department staff shall notify the prisoner's attorney that a prosecutor will
					 attend. The prosecutor may review the prisoner's central file and submit any
					 relevant documents. The prosecutor shall submit any documents at least 14 days
					 before the hearing and the institution hearing coordinator shall ensure that
					 the prisoner and his attorney receive a copy ten days prior to the hearing. The
					 institution hearing coordinator shall also forward to the prosecutor a copy of
					 all documents provided to the prisoner's attorney.
1. Amendment
					 filed 7-21-78 as an emergency; effective upon filing (Register 78, No.
					 29).
2. Certificate of Compliance filed 0-27-78 (Register 78, No.
					 43).
3. Amendment of section heading, section and NOTE filed
					 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.7, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2467 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Pre-rescission Hearing. The pre-rescission hearing shall be conducted by a
				  deputy commissioner. The deputy commissioner shall decide whether there is
				  probable cause to believe that the prisoner engaged in the conduct charged.
				  Guilt, innocence, or possible punishment are not at issue at this
				  hearing.
(b) Rescission Hearing.
				  The rescission hearing for life prisoners shall be conducted by a panel of
				  three, at least two of whom shall be commissioners. Rescission hearings for ISL
				  prisoners shall be conducted by a panel of two deputy commissioners. The
				  hearing panel shall decide whether the prisoner engaged in the conduct charged
				  and, if so, what action should be taken. For life prisoners, the rescission
				  hearing may be held in conjunction with a Department disciplinary hearing. For
				  ISL prisoners with DSL release dates retroactively calculated, the hearing may
				  be held in conjunction with a Department good time credit hearing, but only the
				  ISL date may be rescinded. In such a combined hearing, the Board shall make any
				  decision necessary to the rescission portion of the hearing, and the Department
				  shall make any decisions necessary to the disciplinary or good time credit
				  portion of the hearing. Both the Board and the Department may question any
				  witnesses. A rescission hearing may be held without a disciplinary hearing, any
				  time that the rescission charges are not based upon disciplinary charges or
				  that the Board at the central office calendar orders an independent
				  hearing.
1. Amendment
					 of subsection (b) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment of subsection (b) filed 4-4-78; effective thirtieth day thereafter
					 (Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No.
					 5).
4. Amendment of section and NOTE filed 1-13-2000; operative
					 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041,
						5075 and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2468 - Procedures After Dismissal or Not Guilty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the charges against the prisoner are dismissed, or if
					 the prisoner is found not guilty of the charges, the prisoner shall be released
					 on the scheduled release date. If the rescission proceedings result in the
					 prisoner's being overdue for release, the prisoner shall be released
					 immediately.
1. Amendment
					 of section and new NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000,
					 No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						2932, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2469 - Procedures After Postponement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c)(4) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment of subsection (c)(4) filed 7-21-78 as an emergency; effective upon
					 filing (Register 78, No. 29).
3. Certificate of Compliance filed
					 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c)(2)
					 filed 5-1-80; effective thirtieth day thereafter (Register 80, No.
					 18).
5. Repealer filed 8-12-82; effective thirtieth day thereafter
					 (Register 82, No. 33).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3041,
						3041.5,
						3041.7, and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2470 - Procedures After Rescission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten days of any Board action resulting in the
					 rescission of a parole date, the board shall send the prisoner a written
					 statement setting forth the reasons for the rescission. Life and non-life 1168
					 prisoners shall also be notified that a parole consideration hearing will be
					 held 12-60 months after the rescission hearing.
1. Amendment
					 of subsection (b)(3) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78,
					 No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78,
					 No. 43).
4. Amendment of section and NOTE filed 12-20-93; operative
					 1-19-94 (Register 93, No. 52).
5. Amendment filed 1-13-2000;
					 operative 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2471 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Combined Hearing. If the hearing at which the parole date was postponed or
				  rescinded was a combined hearing, the prisoner may appeal the decision under
				  Department appeals procedures. The Department Chief, Appeals Section, shall
				  coordinate the appeal with the second level of appeal of the Board.
(b) No Combined Hearing. If the hearing at
				  which the release date was postponed or rescinded was not a combined hearing,
				  the prisoner may appeal under the procedures of §§
										2050-2056.
1. Amendment
					 of subsection (b) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment of subsection (b) filed 12-28-79 as procedural and organizational;
					 designated effective 1-1-80 (Register 79, No. 52).
3. Amendment of
					 section and NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No.
					 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code Reference: In re Muszalski, 52 Cal.App.3d 500 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 2 - Hearing Procedures › Section 2472 - Pre-1948 Credits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
					 33).
2. Repealer filed 1-13-2000; operative 2-12-2000 (Register
					 2000, No. 2).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						2920-
						2926, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 3 - Multi-Jurisdiction Regulations › Section 2479 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rules contained in chapter 4, articles 1 and 2, shall
					 apply to all multi-jurisdiction prisoners unless modified by the rules in this
					 article. The Board at the central office calendar shall determine as specified
					 in §
										2367(d) whether
					 the multi-jurisdiction prisoner located outside California shall receive a
					 telephone hearing or a hearing conducted in the incarcerating
					 jurisdiction.
1. Amendment
					 of article heading and section and new NOTE filed 1-13-2000; operative
					 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code Reference: Sections
						1389.7 and
						11193, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 3 - Multi-Jurisdiction Regulations › Section 2480 - Pre-Rescission Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multi-jurisdiction Prisoners Located in California. Pre-rescission hearings for
				  multi-jurisdiction prisoners located in California shall be conducted as
				  specified in §
										2467(a).
(b) Multi-jurisdiction Prisoners Located
				  Outside California. Pre-rescission hearings for multi-jurisdiction prisoners
				  located outside California shall be one of the following:
(1) Telephone Hearing. The pre-rescission
				  hearing shall be conducted by a deputy commissioner who shall decide whether
				  there is probable cause to believe the prisoner committed the violation
				  charged. Guilt, innocence or possible punishment are not at issue in this
				  hearing.
(2) Hearing Conducted in
				  Incarcerating Jurisdiction. Hearings may be conducted for the Board by an
				  official of the incarcerating jurisdiction. The official shall recommend to the
				  Board whether there is probable cause to believe the prisoner committed the
				  violation charged. Guilt, innocence or possible punishment are not at issue at
				  this hearing. The official's recommendation and a record of the hearing shall
				  be forwarded to the Board at the central office calendar where the final
				  probable cause determination shall be made.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 3 - Multi-Jurisdiction Regulations › Section 2481 - Rescission Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multi-jurisdiction Prisoners Located in California. Rescission hearings for
				  multi-jurisdiction prisoners located in California shall be conducted as
				  specified in §
										2467(b).
1. Amendment
					 of section title filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment of subsection (b)(1) filed 5-1-80; effective thirtieth day thereafter
					 (Register 80, No. 18).
3. Repealer of subsections (b)(1) and (b)(2)
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
4. Amendment of section heading, section and
					 NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 3 - Multi-Jurisdiction Regulations › Section 2482 - Prisoner Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multi-jurisdiction Prisoners Located in California. At any pre-rescission or
				  rescission hearing the multi-jurisdiction prisoner located in California shall
				  have the rights specified in §
										2465.
(b) Multi-jurisdiction Prisoners Located
				  Outside California.
(1) Multi-jurisdiction
				  Prisoners Receiving Telephone Hearings. At a pre-rescission or rescission
				  telephone hearing the multi-jurisdiction prisoner located outside California
				  shall have the rights specified in §
											2367, and the following rights:
(A) Notification of the Charges and the
				  Supporting Evidence. The prisoner is entitled to receive a copy of the charges
				  and the supporting evidence. (See §
												2465(a).)
(B) Witnesses. The prisoner shall have the
				  right to request the presence of witnesses. (See §
												2465(c).)
(C) Notice of the Hearing. Notice of the
				  hearing shall be given as soon as possible but no later than two weeks before
				  the hearing.
(D) Record.
1. The record of the hearing for a life
				  prisoner shall be a verbatim transcript.
2. The record of the hearing for a non-life
				  1168 or ISL prisoner shall be a tape recording.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 4 - Postponement or Rescission of Release › Article 3 - Multi-Jurisdiction Regulations › Section 2483 - Postponement Review Hearing (Section 2469). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 10-27-77 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 77, No. 44).
2. Amendment of
					 subsection (a) filed 5-1-80; effective thirtieth day thereafter.
3.
					 Repealer filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3041.5 and
						3041.7, Penal
						Code.