reglab/statecodes huggingface dataset:
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 2062 - Participant Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless approved by the board in advance of the hearing under sections
				  2031,
				  2032, or
				  2254 of this division,
				  participants shall not record or transmit by any means any portion of the
				  proceeding. Participants shall not allow any unauthorized individual to hear,
				  view, record, or transmit any portion of a hearing. The presiding hearing
				  officer shall remove the participant from the proceeding for failure to comply
				  with this section.
(b) Participants
				  shall not engage in disruptive behavior during the proceeding including, but
				  not limited to, displaying inappropriate gestures or repeatedly interrupting
				  the proceeding. The presiding hearing officer shall act to resolve the
				  individual's disruptive behavior, and if it cannot be resolved, remove the
				  participant from the proceeding for failure to comply with this
				  section.
(c) All participants are
				  subject to institution and facility procedures if they are attending a
				  proceeding 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					 emergency language will be repealed by operation of law on the following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
					 2062 to section
					 2063 and renumbering of former
					 2061 to section
					 2062, with amendments to section
					 and NOTE; 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					 be repealed by operation of law on the following day.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					 transmitted to OAL by 9-26-2022 or emergency language will be repealed by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: Sections
						3041.5 and
						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 2063 - Equipment and Connectivity Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Participants are responsible for ensuring that they have the proper equipment and internet connection for their successful attendance and participation at the proceeding.
(b) Hearing officers are not required to continue or postpone a hearing due to a participant's equipment or connectivity issue but may continue or postpone a hearing in accordance with subsections (d) and (e) of section 2253 of this division. 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.
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 2064 - Exception to Videoconference Presumption for Medical Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Board staff shall schedule an inmate for an in-person
					 medical parole hearing if the inmate's medical parole hearing is scheduled to
					 immediately follow the inmate's in-person parole consideration hearing. If a
					 medical parole hearing is conducted in person, all hearing participants may be
					 physically present with the hearing officers.
1.
					 Renumbering of former section
					 2063 to new section
					 2064 filed 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.
2. Refiling of
					 3-28-2022 order 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.
3. 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
						3041.6 and
						3550, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 7 - Multijurisdiction Regulations › Section 2071 - Application of BPT Rules to Multijurisdiction Prisoners and Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All BPT rules shall apply to all multijurisdiction
					 prisoners and parolees unless modified by specific multijurisdiction
					 rules.
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 filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
Note: Authority cited: Section
						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 1 - General › Article 7 - Multijurisdiction Regulations › Section 2072 - Determination of Multijurisdiction Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. For the purpose of determining whether the multijurisdiction rules
				  apply to any prisoner or parolee, the determinative factor shall be the
				  individual's custody or parole status as of the date any board action is taken,
				  or the date of the assertion of a right.
(b) Definitions.
(1) Examples of "board actions" are:
(A) The scheduling of a hearing.
(B) Notification of a hearing or board
				  decision.
(C) A hearing.
(D) A decision made without a
				  hearing.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 7 - Multijurisdiction Regulations › Section 2073 - Grievances for Multijurisdiction Prisoners and Parolees: General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any multijurisdiction prisoner or multijurisdiction parolee
					 who is dissatisfied with a decision by the Board regarding accommodation for a
					 disability as defined in 42
					 U.S.C. section 12102 may grieve that decision
					 in accordance with the process required by the
Armstrong v.
					 Schwarzenegger
Revised Permanent Injunction. The prisoner or parolee
					 may request help from a departmental or board employee or other party in filing
					 the grievance, and a decision shall be provided prior to the hearing, if the
					 grievance is received at least five working days before the scheduled
					 hearing.
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 filed 12-28-79 as procedural and organizational; designated effective
					 1-1-80 (Register 79, No. 52).
3. Amendment filed 11-13-85; effective
					 thirtieth day thereafter (Register 85, No. 46).
4. Amendment of
					 section heading, section and NOTE filed 4-15-2004 as an emergency; operative
					 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be
					 transmitted to OAL by 8-30-2004 or emergency language will be repealed by
					 operation of law on the following day.
5. Amendment of section
					 heading, section and NOTE refiled 8-30-2004 as an emergency; operative
					 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be
					 transmitted to OAL by 12-28-2004 or emergency language will be repealed by
					 operation of law on the following day.
6. Amendment of section
					 heading, section and NOTE refiled 12-27-2004 as an emergency; operative
					 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-26-2005 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005
					 (Register 2005, No. 23).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Armstrong v. Schwarzenegger (2002), USDC-ND (No.
						C-094-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104
						Stat. 328, 42 U.S.C.
						sections 12101, et seq.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 7 - Multijurisdiction Regulations › Section 2074 - Grievance Coordinator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multijurisdiction Prisoner. The grievance coordinator for multijurisdiction
				  prisoners shall be:
(1) Federal compact,
				  federal concurrent, federal consecutive prisoners; concurrent, consecutive,
				  WICC, and ICC prisoners: A Classification Staff Representative of the
				  Interstate Unit.
(2) Out-to-Court
				  and California Agency Prisoners: The Classification and Parole Representative
				  in the department institution designated by the department to maintain the
				  prisoner's central file.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 7 - Multijurisdiction Regulations › Section 2075 - Time Limits on Appeal: Refiling. [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. Repealer filed
					 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2080 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 8 (Sections
					 2080-2088, not consecutive) filed
					 1-25-78; effective thirtieth day thereafter (Register 79, No. 4).
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: Sections
						1798-
						1798.76, Civil
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2081 - Collection of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Sources. When collecting information from persons other than the subject of the
				  information the board shall record the name, title, and address of the
				  source.
(b) Notice. Any form used
				  to collect information from the subject of the information shall include:
(1) The unit of the board requesting the
				  information;
(2) The title,
				  business address, and telephone number of the executive officer;
(3) The authority for maintaining the
				  information;
(4) Whether submission
				  of the information is voluntary or mandatory;
(5) The consequences, if any, of not
				  providing any or all of the information;
(6) The principal uses of the
				  information;
(7) Any known or
				  possible interagency or intergovernmental transfers;
(8) The person's right to review personal
				  information.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2082 - O.I.P. Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Collecting Information. On June 1 of each year, the supervisor of each board
				  unit which maintains information on persons shall submit the following
				  information to the information practices coordinator:
(1) The title of each records system
				  maintained;
(2) A brief description
				  of the type of information maintained and the categories and approximate number
				  of persons on whom files are maintained in each records system;
(3) The major use of the
				  information;
(4) The retention
				  period and disposal policies;
(5)
				  The general sources of the information;
(6) The types of persons or agencies to whom
				  the information is disclosed.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2083 - Maintenance of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Each unit of the board shall develop a purge schedule to ensure its
				  records are accurate, relevant, timely and complete. Prior to transferring any
				  record outside of state government, the unit supervisor shall review the file
				  and correct, update, withhold or delete any information the supervisor knows or
				  has reason to believe is inaccurate or untimely.
All units shall take appropriate safeguards to ensure the
					 security of the records. Any organization which has a contract to maintain or
					 use board records shall comply with the Information Practices Act and these
					 rules.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1798-
						1798.76, Civil
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2084 - Access to Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Any person has the right to inquire whether the board maintains a
				  record containing information about that person. Inquiries shall be submitted
				  to the executive officer. All board employees shall cooperate to assist persons
				  making inquiries.
(b) Responses to
				  Inquiries. If any board unit maintains information concerning the person, the
				  executive officer shall notify the person that the board maintains such
				  information, that all personal information in the file may be reviewed, that
				  requests for review are to be directed to the executive director, and that the
				  information may be contested by submitting a request for amendment to the
				  executive officer.
(c) Requests for
				  Review. Any person may review all personal information concerning that person
				  by submitting a request for review. The request shall be submitted in writing
				  to the executive officer who shall arrange the review within 30 days of the
				  request for active records, 60 days for inactive records. The person is also
				  entitled to know the sources of the information, unless the source is
				  confidential, and to review the accounting of disclosures of information in the
				  file.
If the person requesting review is a prisoner or parolee
					 and the information in the board file is not also in the central file, copies
					 of the personal information, the identify of sources and the accountings of
					 disclosures shall be sent to the C&PR or parole agent, who shall give the
					 copies to the prisoner or parolee. For other persons requesting review of board
					 files, the board shall permit a personal review of the file or send copies of
					 the information if the person lives more than 50 miles from the location of the
					 board files.
1. Amendment
					 of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register
					 85, No. 46).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1798-
						1798.76, Civil
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2086 - Amendment of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. This section shall not apply to contesting board hearing decisions or
				  the record of board hearings. Decisions and records of hearings may only be
				  contested as provided in Sections
				  2050-2056. This section shall not
				  apply to contesting information originated or collected by agencies other than
				  the board.
(b) Initial Request for
				  Amendment. The subject of information maintained by the board may request an
				  amendment of the information by submitting a written and dated request for
				  amendment to the executive officer. The request for amendment shall include a
				  statement of no more than two pages explaining which specific information is
				  claimed to be erroneous and what the correct information is. The executive
				  officer shall review the request and the record and within 30 days of the date
				  of receipt of the request either amend the record or notify the person that the
				  record will not be changed. Any refusal to amend shall include the reason for
				  the refusal, the procedures for review of the refusal, and a statement that the
				  chairman will review the case upon request.
(c) Chairman's Review. Within 30 days of the
				  executive officer's refusal to amend a record, the person may request review by
				  the chairman by submitting a request to the chairman. The chairman shall
				  complete the second review and issue a final decision within 30 days of the
				  date of receipt of the request for a second review.
(d) Statement of Disagreement. If the record
				  is not changed the person may submit to the executive officer a statement of
				  not more than three pages setting forth the reasons for disagreement with the
				  information in the file. The executive officer shall ensure that the statement
				  of disagreement and the board's reasons for refusing to amend the record are
				  included with the contested information and accompany any subsequent disclosure
				  of that information. If the board files do not contain originals of the
				  contested information, the board shall retain a copy of the statement and
				  forward the original to be retained with the original information.
1. Amendment
					 of subsection (a) filed 12-28-79 as procedural and organizational; designated
					 effective 1-1-80 (Register 79, No. 52).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1798-
						1798.76, Civil
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2087 - Disclosure of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Information about a person and contained in files maintained by the
				  board shall be disclosed only as provided in this section. Only personal or
				  confidential information collected or originated by the board may be disclosed.
				  Any information contained in board files which was collected or originated by
				  another agency or department shall not be disclosed, but the person requesting
				  the information shall be referred to the originating agency. This section shall
				  not apply to life prisoner parole consideration files. (See Penal Code Section
				  3042.)
(b) Nonpersonal Information.
(1) Disclosures. Nonpersonal information may
				  be disclosed to anyone who has a legitimate reason for needing the information.
				  Prior to disclosure of the information, the identity of the person requesting
				  and the reason for needing the information shall be established.
In disclosing nonpersonal information the board shall
					 ensure that the information is needed for a legitimate reason and that the
					 person requesting it will use the information only as it pertains to that
					 need.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 8 - Information Practices Act › Section 2088 - Accounting for Disclosures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each unit of the board shall maintain a record of
					 disclosures of information to anyone other than the subject of the information
					 or board or department employees. The accounting shall identify the information
					 disclosed, the person or organization to whom the information was disclosed,
					 the purpose of the disclosure and the date of the disclosure. Disclosures made
					 by the investigative unit to other law enforcement officers while actively
					 engaged in field duties do not require an accounting.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1798-
						1798.76, Civil
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 1 - Sentence Review [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 1, sections
				  2100-2107, filed 12-22-82 by OAL
				  pursuant to Government Code section
				  11349.7(j)
				  (Register 82, No. 52). For prior history of section
				  2107, see Register 82, No.
				  33.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 2 - Board Review of Department Denial of Good Time Credit › Section 2120 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DSL prisoners and ISL prisoners who have DSL release dates
					 retroactively calculated are entitled to credit for good behavior and
					 participation, and may earn work time credit. Good time and work time credit
					 shall be deducted from the DSL release date. The Department is responsible for
					 deducting good time and work time credit from the sentence, and for
					 establishing the procedures to deny good time or work time credit. If good time
					 or work time credit is denied by the Department, the initial appeal of that
					 decision shall be handled through Department appeal procedures.
1. Repealer
					 of Article 2 (Sections
					 2120-2123) and new Article 2
					 (Sections 2120-2121) filed 6-11-79;
					 effective thirtieth day thereafter (Register 79, No. 24).
2.
					 Amendment of Article title filed 12-28-79 as procedural and organizational;
					 designated effective 1-1-80 (Register 79, No. 52).
3. Amendment
					 filed 3-7-84; effective thirtieth day thereafter (Register 84, No.
					 10).
4. Change without regulatory effect amending section and NOTE
					 filed 10-1-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 40).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						2930-
						2932 and
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 2 - Board Review of Department Denial of Good Time Credit › Section 2121 - Board Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Submitting Request. When the Department appeal is final, the prisoner may
				  request Board review by following the procedures set forth in §§
										2050-2056, except that the appeal
				  to the Board must be filed within ten days of notification that the Department
				  has denied the appeal.
(b)
				  Decision. The reviewers may modify, affirm, or reverse the Department's
				  decision, or may order a hearing scheduled.
(c) Hearing Ordered.
(1) Panel. This hearing is conducted by a
				  panel of three deputy commissioners.
(2) Prisoner Rights. The prisoner shall have
				  the rights specified in §§
											2245-2252 and
				  2254-2256. The record of the
				  hearing shall be a tape recording.
(3) Information Considered. At this hearing,
				  the panel shall consider the record established by the Department, any
				  information submitted by the prisoner under §
											2249, and any information elicited
				  at the hearing.
(4) Decision. The
				  panel may modify, affirm, or reverse the Department's
				  decision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 2 - Board Review of Department Denial of Good Time Credit › Section 2122 - Review of Request. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 38).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						2930-
						2932 and
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 2 - Board Review of Department Denial of Good Time Credit › Section 2123 - Hearing Ordered. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 38).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						2930-
						2932 and
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 3 - Retroactive Sentencing Procedures [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 3, sections
				  2145-2167, filed 3-7-84 by OAL
				  pursuant to Government Code section
				  11349.7(j)
				  (Register 84, No. 10). For prior history of sections
				  2148,
				  2154,
				  2155,
				  2156,
				  2157,
				  2158,
				  2161,
				  2164,
				  2166 and
				  2167, see Register 82, No.
				  52.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 4 - Multijurisdiction Regulations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 4, sections
				  2180-2181, filed 11-13-85;
				  effective thirtieth day thereafter (Register 85, No. 46). For prior history of
				  section 2180, see Register 82, No.
				  33.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2 - Term Decisions › Article 5 - Mentally Disordered Sex Offender Term Fixing [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 5, sections
				  2185-2199, filed 12-22-82 by OAL
				  pursuant to Government Code section
				  11349.7(j)
				  (Register 82, No. 52). For prior history of section
				  2196, see Register 85, No.
				  46.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 1 - Petition to Advance the Date of an Inmate's Next Parole Consideration Hearing › Section 2150 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Following a parole consideration hearing resulting in a denial of parole under
				  paragraph (3) of subdivision (b) of Penal Code section
				  3041.5 or a
				  stipulation of unsuitability under section
				  2253(c) of
				  article 3 of chapter 3, the inmate or the inmate's attorney of record may file
				  a written petition requesting that the board advance the date of the inmate's
				  next parole consideration hearing. The inmate or the inmate's attorney of
				  record may file a subsequent written petition once every three years from the
				  date of the board's previous review on the merits issued under section
				  2156.
(b) To file a written petition to advance the
				  date of the inmate's next parole consideration hearing, the inmate or inmate's
				  attorney of record shall send to the board a completed Petition to Advance
				  Hearing Date Form or a written request that includes the following:
(1) Inmate's name;
(2) CDCR number;
(3) Institution at which the inmate is
				  housed;
(4) A change in
				  circumstances or new information since the date of the inmate's most recent
				  hearing resulting in a denial or stipulation of unsuitability;
(5) How the change in circumstances or new
				  information establishes a reasonable likelihood that consideration of the
				  public safety does not require that the inmate remain incarcerated until the
				  date of his or her next parole consideration hearing; and
(6) Inmate's signature and date of
				  signature.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 1 - Petition to Advance the Date of an Inmate's Next Parole Consideration Hearing › Section 2151 - Preliminary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 10 business days of receiving a petition under section
				  2150, board staff shall review the
				  petition to determine whether the board has jurisdiction under this section to
				  advance the date of the inmate's next parole consideration hearing.
(b) The board has jurisdiction to advance the
				  date of the inmate's next parole consideration hearing if all of the following
				  are true:
(1) The inmate's last parole
				  consideration hearing resulted in a denial of parole under paragraph (3) of
				  subdivision (b) of Penal Code section
				  3041.5 or a
				  stipulation of unsuitability under section
				  2253(c) of
				  article 3 of chapter 3; and
(2) The
				  inmate has not submitted a petition to advance a parole consideration hearing
				  date that was reviewed on the merits within the past three years under section
				  2156.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 2 - Administrative Review to Advance the Date of an Inmate's Next Parole Consideration Hearing › Section 2152 - AD Hoc Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may, at any time, initiate an administrative
					 review of any inmate to determine whether to advance the date of the inmate's
					 next parole consideration hearing under paragraph (4) of subdivision (b) of
					 Penal Code section
					 3041.5. Once an
					 administrative review is initiated under this section, the board shall proceed
					 with the notification process outlined in section
					 2155.
1. New
					 article 2 (sections
					 2152-2154) and section filed
					 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A
					 Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 2 (sections
					 2152-2154) and section refiled
					 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A
					 Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 4-22-2019 order transmitted
					 to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code; and In re Vicks (2013) 56 Cal.4th 274.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 2 - Administrative Review to Advance the Date of an Inmate's Next Parole Consideration Hearing › Section 2153 - Administrative Review of Three-Year Denials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall, 11 months after a parole consideration
					 hearing results in a denial period of three years, initiate an administrative
					 review to determine whether to advance the date of the inmate's next parole
					 consideration hearing under paragraph (4) of subdivision (b) of Penal Code
					 section
					 3041.5. This
					 section shall not apply to determinately sentenced inmates who were within 24
					 months of being released as a result of their Earliest Possible Release
					 Date.
1. New
					 section filed 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 4-22-2019 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-22-2019 as an emergency; operative
					 4-22-2019 (Register 2019, No. 17). A Certificate of Compliance must be
					 transmitted to OAL by 7-22-2019 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 4-22-2019 order transmitted to OAL 7-18-2019 and filed 8-30-2019
					 (Register 2019, No. 35).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code; and In re Vicks (2013) 56 Cal.4th 274.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 2 - Administrative Review to Advance the Date of an Inmate's Next Parole Consideration Hearing › Section 2154 - Preliminary Screening

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 10 business days of an administrative review being initiated under
				  section 2153 of this article, board staff
				  shall conduct a preliminary screening to determine whether the inmate will be
				  excluded from a review on the merits under section
				  2156.
(b) An inmate will be excluded from a review
				  on the merits under section
				  2156 if any of the following
				  circumstances apply:
(1) The inmate stipulated
				  to unsuitability under section
				  2253(c) of
				  article 3 of chapter 3 of this title at his or her last parole consideration
				  hearing;
(2) The inmate's last
				  parole consideration hearing resulted in a denial period of more than three
				  years under paragraph (3) of subdivision (b) of Penal Code section
				  3041.5;
(3) The inmate's overall risk rating is high
				  on his or her most recent comprehensive risk assessment completed under section
				  2240 of article 1 of chapter 3 of
				  this title;
(4) The inmate or the
				  inmate's attorney of record has, since the inmate's last hearing, submitted a
				  petition under section
				  2150 that was reviewed on the
				  merits under section
				  2156;
(5) The inmate has been found guilty of a
				  Division A-1, A-2, B, C, D, or E rule violation as specified in section
				  3323 of article 5 of subchapter 4
				  of chapter 1 of division 3 of this title since the inmate's last parole
				  consideration hearing;
(6) The
				  inmate has been found guilty of a Division F rule violation as specified in
				  subsection (h), paragraph (3), (5), (6), (12), or (13) of section
				  3323 of article 5 of subchapter 4
				  of chapter 1 of division 3 of this title since the inmate's last parole
				  consideration hearing;
(7) The
				  inmate has been convicted of a new crime since the inmate's last parole
				  consideration hearing; or
(8) The
				  inmate's next hearing date has already been advanced since his or her last
				  parole consideration hearing.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 3 - Review on the Merits › Section 2155 - Victim Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within five business days of board staff determining the board has jurisdiction
				  under section
				  2151 or determining none of the
				  circumstances in section
				  2154(b) apply, or
				  within five business days of the board initiating an ad hoc administrative
				  review under section
				  2152, the board shall notify
				  registered victims of the board's pending review on the merits under section
				  2156 and provide an opportunity to
				  submit a written statement.
(b)
				  Responses to the board under this section must be in writing and postmarked or
				  electronically stamped no later than 30 calendar days after the board issued
				  the notification.
(c) A registered
				  victim is any person who is registered as a victim with the department's Office
				  of Victim and Survivor Rights and Services on the date board staff determined
				  the board has jurisdiction under section
				  2151 of article 1, the date board
				  staff determined none of the circumstances in section
				  2154(b) apply, or
				  on the date the board initiated an ad hoc administrative review under section
				  2152.
1. New
					 article 3 (sections
					 2155-2156) and section filed
					 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A
					 Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 3 (sections
					 2155-2156) and section refiled
					 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A
					 Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 4-22-2019 order transmitted
					 to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041.5, Penal
						Code; and In re Vicks (2013) 56 Cal.4th 274.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 2.5 - Advancing Parole Consideration Hearing Dates › Article 3 - Review on the Merits › Section 2156 - Review on the Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 15 business days of the conclusion of the notification process described
				  under section
				  2155, a commissioner or deputy
				  commissioner acting in accordance with Penal Code section
				  5076.1 shall,
				  as a hearing officer, conduct a review on the merits and determine whether the
				  date of the inmate's next parole consideration hearing should be advanced under
				  paragraph (4) of subdivision (b) or under subdivision (d) of Penal Code section
				  3041.5.
(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;
(2) The
				  transcript of the inmate's last parole consideration hearing;
(3) Any petition filed by the inmate under
				  section 2150; and
(4) Written statements submitted by
				  registered victims who received notice under section
				  2155.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 1 - General [Repealed] › Section 2230 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 1 (Section
					 2230) filed 12-22-82 by OAL
					 pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2232 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2233 - Documents Considered. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2234 - Testimony. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2235 - Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No decision shall be based upon information that is not
					 available to the prisoner unless the information has been designated
					 confidential under the rules of the department and is necessary to the
					 decision.
(a) Reliability. The
				  reliability of confidential information to be used shall be established to the
				  satisfaction of the hearing panel. A finding of reliability shall be documented
				  by the hearing panel. A hearing may be continued to establish the reliability
				  of the information or to request the department to designate the information as
				  nonconfidential.
(b) Documentation.
				  If confidential information affected a decision the prisoner shall be notified
				  of reports on which the panel relied.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2236 - Prisoner's Version

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facts of the crime shall be discussed with the prisoner
					 to assist in determining the extent of personal culpability. The board shall
					 not require an admission of guilt to any crime for which the prisoner was
					 committed. A prisoner may refuse to discuss the facts of the crime in which
					 instance a decision shall be made based on the other information available and
					 the refusal shall not be held against the prisoner. Written material submitted
					 by the prisoner under §
										2249 relating to personal
					 culpability shall be considered.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2237 - Resolving Factual Disputes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-22-82 by OAL pursuant to Government Code Section
					 11349.7(j)
					 (Register 82, No. 52).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2238 - Insufficient Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, during the hearing, the hearing panel determines there
					 is insufficient information available to determine any relevant or necessary
					 fact, the hearing panel may continue the hearing up to 90 days. Appropriate
					 staff shall be instructed to obtain the specific information which is needed as
					 soon as possible. The prisoner is entitled to review this information under the
					 procedures in §
										2247 at least 10 days before the
					 rescheduled hearing.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 2 - Information Considered › Section 2239 - Battered Woman Syndrome

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At parole consideration hearings, the Board panel shall
					 consider any information or evidence of Battered Woman Syndrome (BWS), as
					 defined in section
					 2000(b), where it
					 appears the criminal behavior was the result of that victimization. The panel
					 shall state, on the record, the information which was considered pursuant to
					 this section, and its effect, if any, on the parole decision. Information
					 regarding BWS may be used by the panel to mitigate culpability for the offense
					 for purposes of suitability for parole. If sufficient information is not
					 available to determine whether the criminal behavior was the result of that
					 victimization, the panel shall refer the case for investigation.
1. New
					 section filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001,
					 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 3-16-2001 order transmitted
					 to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
3.
					 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
						3041,
						3052 and
						5076.2(a),
						Penal Code. Reference: Sections
						3041,
						4801,
						5075.5 and
						5076.1, Penal
						Code; and Section
						1107,
						Evidence Code.