reglab/statecodes huggingface dataset:
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 2484 - Postponement Review Hearing: Prisoner's Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
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 2485 - Rescission Rehearing: Prisoner Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b)(2) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Repealer of Section
					 2485 and renumbering of Section
					 2486 to Section
					 2485 filed 5-1-80; effective
					 thirtieth day thereafter (Register 80, No. 18). For history of former section
					 see Register 77, No. 44.
3. Repealer filed 5-28-81; effective
					 thirtieth day thereafter (Register 81, No. 22).
Note: Authority cited: Section
						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 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2510 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The prisoner shall be informed of the length and conditions
					 of parole. The board shall establish and impose the special parole conditions
					 and the length of parole within the statutory maximum for all life prisoners,
					 nonlife 1168 prisoners, and ISL prisoners released on ISL parole dates. Under
					 guidelines specified by the board the department shall establish and impose the
					 special conditions of parole and the length of parole within the statutory
					 maximum for all DSL prisoners and ISL prisoners released on DSL release dates
					 as retroactively calculated. The department shall impose any special conditions
					 recommended by the board for DSL prisoners and ISL prisoners released on DSL
					 release dates.
1. Amendment
					 filed 10-27-77 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 77, No. 44).
2. Amendment filed
					 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
3. Amendment of section heading, section and NOTE filed
					 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Reinstatement of section as it existed prior to 5-1-2006
					 emergency amendment by operation of Government Code section
					 11346.1(f)
					 (Register 2006, No. 43).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3000,
						3052 and
						3053, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2511 - Notice of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Definition. The notice of parole is a general description of rules and
				  regulations governing parolees.
(b)
				  Notice. The notice parole shall read as follows:
1. Release. You will be released on parole
				  effective __________ for a period of __________. This parole is subject to the
				  following notice and conditions. Should you violate any conditions of this
				  parole, you are subject to arrest and the board may modify, suspend, or revoke
				  your parole and/or order your return to custody. You have read or have had read
				  to you these conditions of parole and you fully understand them. Whenever any
				  problems arise or you do not understand what is expected of you, talk to your
				  parole agent.
2. Extradition. You
				  waive extradition to the State of California from any State or Territory of the
				  United States, or from the District of Columbia. You will not contest any
				  effort to return you to the State of California.
3. Psychiatric Returns. If the board
				  determines that you suffer from a mental disorder which substantially impairs
				  your ability to maintain yourself in the community or which makes you a danger
				  to yourself or others, the board may order your placement in a community
				  treatment facility or state prison, if necessary for treatment. The board may
				  revoke your parole and order you returned to prison for psychiatric treatment
				  if the necessary treatment cannot be provided in the community.
4. Search. You and your residence and any
				  property under your control may be searched without a warrant at any time by
				  any agent of the Department of Corrections or any law enforcement
				  officer.
5. Detainer. If another
				  jurisdiction has lodged a detainer against you, you may be released to the
				  custody of that jurisdiction. Should you be released from their custody prior
				  to the expiration of your California parole, or should the detainer not be
				  exercised, you are to immediately contact the nearest Department of
				  Corrections' Parole and Community Services Division Office for instructions
				  concerning reporting to a parole agent.
6. Residence. The establishment and
				  maintenance of a residence upon release from prison is critical to the
				  successful reintegration of a parolee into society and is in the interest of
				  the public.
7. Certificate of
				  Rehabilitation. You have been informed and have received in writing the
				  procedure for obtaining a Certificate of Rehabilitation.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2512 - General Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The parole conditions are not a contract but are the specific rules governing
				  all parolees whether or not the parolee has signed the form containing the
				  parole conditions. A violation of any of these conditions of parole may result
				  in the revocation of parole and the parolee's return to prison. The general
				  conditions of parole shall read as follows:
"
				  (1) Special conditions. Any special condition imposed
				  by the department or the board.
(2)
				  Release, Reporting, Residence and Travel. Unless other arrangements are
				  approved in writing, you will report to your parole agent within 24 hours or
				  the next working day if released on the day before a holiday or weekend. Your
				  residence and any change of residence shall be reported to your parole agent in
				  advance. You will inform your parole agent within 72 hours of any change of
				  employment location, employer or termination of employment.
(3) Parole Agent Instructions. You shall
				  comply with all instructions of your parole agent and will not travel more than
				  50 miles from your residence without his/her prior approval. You will not be
				  absent from your county of residence for a period of more than 48 hours and not
				  leave the State of California without prior written approval of your parole
				  agent.
(4) Criminal Conduct. You
				  shall not engage in criminal conduct. You shall immediately inform your parole
				  agent if you are arrested for a felony or misdemeanor under federal, state, or
				  county law.
(5) Weapons. You shall
				  not own, use, have access to, or have under your control:
(a) any type of firearm or instrument or
				  device which a reasonable person would believe to be capable of being used as a
				  firearm or any ammunition which could be used in a firearm;
(b) any weapon as defined in state or federal
				  statutes or listed in California Penal Code Section
				  12020 or any
				  instrument or device which a reasonable person would believe to be capable of
				  being used as a weapon; or
(c) any
				  knife with a blade longer than two inches, except kitchen knives which must be
				  kept in your residence and knives related to your employment which may be used
				  and carried only in connection with your employment; or
(d) a crossbow of any
				  kind.
(6) You shall sign
				  the parole agreement containing the conditions of parole specified in this
				  section and any special conditions imposed as specified in section
				  2513."
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2513.1 - Special Conditions of Parole for Sex Offenders Undergoing Chemical Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an individual is undergoing chemical hormone treatment
					 pursuant to Penal Code section
					 645, the Board
					 shall require, and the Department shall institute, the following special
					 condition:
"Sex Offender Chemical Treatment. Pursuant to court order,
					 you shall undergo the medroxyprogesterone acetate (or its chemical equivalent)
					 treatment program approved for you by the Department."
1. New
					 section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
Note: Authority cited: Sections
						3052 and
						5076.1, Penal
						Code. Reference: Section
						645, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2513.2 - Hearings for Sex Offenders Undergoing Chemical Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any sex offender convicted and sentenced under Penal Code
					 section
					 645 shall begin
					 medroxyprogesterone acetate (or its chemical equivalent) treatment one week
					 prior to release from confinement in the state prison or other institution and
					 shall continue treatments until the Department demonstrates to the Board that
					 treatment is no longer necessary.
(a)
				  If the Department determines that the parolee's medical condition requires the
				  termination of the treatment, the Department will immediately transmit a
				  written notification from a medical doctor so stating to the Chairman or the
				  Executive Officer of the Board. The Chairman or the Executive Officer shall
				  issue a temporary order to discontinue the treatment pending a parole
				  revocation hearing.
(b) If the
				  Department determines that treatment is no longer necessary, the Department
				  shall send written notification to the Board. The Board will thereafter hold a
				  hearing before a commissioner or deputy commissioner to determine whether the
				  Department has demonstrated that treatment is no longer necessary.
1. New
					 section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
Note: Authority cited: Sections
						3052 and
						5076.1, Penal
						Code. Reference: Section
						645, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2514 - Waiver of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may, for good cause, waive parole and discharge
					 any prisoner. An 1170 prisoner or the department may request waiver of parole
					 under the procedures of Sections
					 2525-2526.
A prisoner whose parole date was set by the board and who
					 desires a waiver shall request a waiver of parole to the hearing panel at the
					 time of the board action setting or modifying the parole date.
1. Amendment
					 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: Section
						3000, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 2 - Reconsideration of Length and Conditions of Parole › Section 2525 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For prisoners whose length and conditions of parole were
					 imposed by the board, reconsideration of the length and conditions as
					 originally imposed or later modified shall be by appeal as provided in Sections
					 2050-2056. For prisoners whose
					 length and conditions of parole were imposed by the department, reconsideration
					 of the length and conditions as originally imposed or later modified shall be
					 as provided in this article.
1. Amendment
					 filed 10-27-77 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 77, No. 44).
2. Repealer of Article 2
					 (Sections 2525-2528) and new Article 2
					 (Sections 2525-2526) filed 6-11-79;
					 effective thirtieth day thereafter (Register 79, No. 24).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3000 and
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 2 - Reconsideration of Length and Conditions of Parole › Section 2526 - Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prisoners whose length and conditions of parole were
					 established by the department shall first appeal through department appeal
					 procedures (Title 15, California Administrative Code, Section
					 3003). When the department appeal
					 is final, the prisoner may request board review by following the procedures in
					 Sections 2050-2056.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3000 and
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 2 - Reconsideration of Length and Conditions of Parole › Section 2528 - Right of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner or parolee objecting to the decision after
					 reconsideration may appeal the decision under the procedures of Section
					 2050-2057.
1. Amendment
					 filed 10-27-77 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 77, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 3 - Discharge › Section 2535 - Discharge Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. At the discharge review the Board shall consider the parolee's
				  adjustment in prison and on parole and any other information relevant to
				  determining whether the parolee should be discharged or retained under parole
				  supervision.
(b) Scheduling.
(1) Three-Year Parolees. The review for those
				  parolees who are subject to a three-year parole period as provided in §
											2515(b) shall be
				  performed during the thirteenth month of continuous parole, except for those
				  who were committed for violent felonies as listed in Penal Code section
				  667.5(c),
				  in which case the review shall be performed during the twenty-fifth month of
				  continuous parole.
(2) Five-Year
				  Parolees. This review shall be performed during the 37th month of continuous
				  parole for parolees subject to a five-year parole period as provided in Section
				  2515(d).
(3) Life Parolees. This review shall be
				  performed during the 85th month of continuous parole for first degree murder
				  parolees and during the 61st month of continuous parole for second degree
				  murder parolees.
(4) Continuous
				  Parole. A parolee has been on continuous parole if the parolee has not
				  absconded parole supervision or had parole revoked since initial release on
				  parole. A parolee has not been on continuous parole if he/she has been ordered
				  returned to custody for psychiatric attention. A return to custody period for
				  psychiatric attention which is added to the parole period shall change the
				  parolee's discharge review date, but shall not affect the parolee's controlling
				  discharge date.
(5) One- and
				  Three-Year Parolees. Parolees who were sentenced to prison for offenses
				  committed on or after July 1, 1977, but on or before December 31, 1978, shall
				  not be scheduled for discharge review hearings. These parolees will discharge
				  after one or three years on parole or at the expiration of the maximum period
				  of parole (see §
											2515(c) and
				  (e)).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 3 - Discharge › Section 2536 - Early Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A prisoner or parolee may request a period of parole
					 shorter than the period of parole specified in §
										2515. If the board sets the length
					 of parole, the prisoner or parolee may request a shorter period of parole at a
					 parole consideration or revocation hearing. If the department sets the length
					 of parole, the prisoner or parolee may request a shorter period of parole from
					 the department and may request subsequent review by the board (see Sections
					 2525-2526). The board may grant an
					 early discharge upon its own motion.
1.
					 Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
2.
					 Amendment 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: Section
						3000, Penal
						Code (Stats. 1978, c. 582).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 3 - Discharge › Section 2536.1 - Review of Parole Discharge Recommendation After 180 Days of Parole Supervision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-9-2007 as an emergency; operative 10-9-2007 (Register 2007,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-7-2008 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-27-2008 as an emergency; operative
					 3-27-2008 (Register 2008, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 6-25-2008 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2008, No. 39).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076, Penal
						Code. Reference: Section
						3000, Penal
						Code
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 3 - Discharge › Section 2537 - Statutory Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a parolee has not been discharged under Section
					 2535 or
					 2536, the parolee shall discharge
					 after serving the maximum period of parole specified in Section
					 2515.
1. New
					 section filed 10-25-79; effective thirtieth day thereafter (Register 79, No.
					 43).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						3000, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 4 - Multijurisdictional Regulations › Section 2545 - Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Concurrent Parolees. All concurrent an California concurrent parolees may also
				  have parole conditions established by the authorities of the incarcerating
				  jurisdictions in addition to the California Notice and Conditions. Only the
				  authorities of the incarcerating jurisdiction can modify the parole conditions
				  they have established for concurrent and California concurrent
				  parolees.
(b) Cooperative Parolees.
				  Cooperative parolees shall be supervised in the receiving state by the
				  authorities of the receiving state according to the same standards which
				  prevail for its own parolees.
1. Amendment
					 filed 10-27-77 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 77, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 4 - Multijurisdictional Regulations › Section 2546 - Reconsideration of Length and Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Board Established Length and Conditions of Parole. For multijurisdiction
				  prisoners and multijurisdiction parolees whose length and conditions of parole
				  were set by the board, reconsideration shall be by appeal as provided in
				  Sections 2073-2075. For multijurisdiction
				  prisoners who are released to supervision in a California community,
				  reconsideration shall be by appeal as provided in Sections
				  2050-2056.
(b) Department Established Length and
				  Conditions of Parole. Multijurisdiction prisoners and parolees whose length and
				  conditions of parole were set by the department must first appeal the
				  department's decision through the department appeal process (See Title 15,
				  California Administrative Code, Section
				  3003). The board will not consider
				  the request until the department appeal is final. When the department appeal is
				  final the prisoner may request board reconsideration of the department
				  established length and conditions of parole. For multijurisdiction prisoners
				  who are released to supervision in California community, board reconsideration
				  of a department set length and conditions of parole shall be as specified in
				  Sections 2525-2526.
1. Amendment
					 of subsection (a) 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).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 4 - Multijurisdictional Regulations › Section 2547 - Filing the Request for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The multijurisdiction prisoner or parolee must file the
					 request for reconsideration within 30 days of notice of the department's final
					 decision. The request shall be prepared as specified in Section
					 2526.
1. Amendment
					 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: Section
						5077, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 4 - Multijurisdictional Regulations › Section 2548 - Submitting the Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The multijurisdiction prisoner or parolee shall submit the
					 request to the person responsible for the prisoner's or parolee's first level
					 of appeal as provided in §
										2074. Department staff shall log
					 the appropriate information when the request is received. This information
					 shall include the name and number of the person filing the request, the date
					 the request was received, and the date the request was forwarded to the
					 board.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 4 - Multijurisdictional Regulations › Section 2549 - Right to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A multijurisdiction prisoner or parolee objecting to the
					 decision on reconsideration may appeal the decision as provided in Sections
					 2074-2075.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2571 - Criteria for Certification as Mentally Disordered Offender

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As a condition of parole, a prisoner who meets the
					 following specified criteria shall be required to be treated by the State
					 Department of Mental Health and the State Department of Mental Health shall
					 provide the necessary treatment:
(a)
				  The prisoner has a severe mental disorder.
(b) The mental disorder is not in remission,
				  or cannot be kept in remission without treatment.
(c) The severe mental disorder was one of the
				  causes of or was an aggravating factor in the commission of a crime for which
				  the prisoner was sentenced to prison.
(d) The crime referred to in section
				  2571, subdivision (c), for which
				  the prisoner was sentenced to prison, must have been a crime in which the
				  prisoner used force or violence, or caused serious bodily injury, and must have
				  occurred on or after January 1, 1986.
(e) The prisoner has been in treatment for
				  the severe mental disorder for ninety (90) days or more within the year prior
				  to the prisoner's parole or release.
(f) The prisoner represents a substantial
				  danger of physical harm to others by reason of his or her severe mental
				  disorder. Substantial danger of physical harm does not require proof of a
				  recent overt act.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (e) and
					 new subsection (f) and amendments to reference citations filed 2-4-91;
					 operative 3-6-91 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						2962 and
						2980, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2573 - Board of Prison Terms' Review of Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The board's Central Office Calendar Deputy Commissioner shall review the
				  Department of Corrections' certification to the board to ascertain if the
				  psychiatrists or psychologists conducting the evaluation did or did not concur
				  that:
(1) The prisoner has a severe mental
				  disorder; or
(2) The disorder is
				  not in remission or cannot be kept in remission without treatment; or
(3) That the severe mental disorder was a
				  cause of, or aggravated the prisoner's criminal behavior.
The Deputy Commissioner shall also review the supporting
					 documents to ascertain whether or not the conclusions are supported by the
					 facts contained in the supporting documents.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2574 - Notification to Prisoner/Parolee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of the board's certification review action by
					 the Classification and Parole Representative, the Department of Corrections
					 staff shall inform the prisoner of the decision. If treatment has been ordered
					 as a condition of parole pursuant to Penal Code section
					 2962, the
					 prisoner shall be served with conditions of parole which will reflect the
					 special condition of treatment in addition to any others, be informed in
					 writing of the right to request a hearing, and that he/she has the right to
					 request an evaluation by two independent professionals from the approved lists
					 provided by the State Department of Mental Health and the Department of
					 Corrections. If applicable, the prisoner shall also be processed for transfer
					 to a designated State Department of Mental Health facility.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. Amendment to reference citations
					 filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						2966, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2575 - Prisoner's Options Following Notification of Special Condition of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon notification of the board ordered special condition of
					 parole of treatment pursuant to Penal Code section
					 2962, the
					 prisoner has the following options:
(a) Sign the special condition of parole
				  imposed pursuant to Penal Code section
				  2962 and be
				  transferred to a State Department of Mental Health facility.
(b) Refuse to sign the special condition of
				  parole imposed pursuant to Penal Code section
				  2962 and be
				  scheduled for a parole revocation hearing with counsel pursuant to Penal Code
				  section
				  3060.5.
(c) Sign the special condition of parole
				  imposed pursuant to Penal Code section
				  2962 and
				  request a certification hearing before the board.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (a) and
					 reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						2962 and
						3060.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2576 - Certification Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The purpose of a certification hearing is to determine whether or not the
				  prisoner/parolee, in fact, meets the criteria required for treatment by the
				  State Department of Mental Health as a condition of parole as set forth in
				  Penal Code section
				  2962.
(b)
(1) The
				  standard of proof used by the board at this hearing shall be a preponderance of
				  evidence standard.
(2) The burden
				  of proof to establish that the prisoner meets the criteria set forth in Penal
				  Code section
				  2962 shall be
				  on the person or agency that so certified.
(3) The prisoner/parolee shall have the
				  rights specified in §§
											2245-2256.
(4) An attorney shall be appointed or
				  retained to represent the prisoner or parolee. Attorney waivers will not be
				  accepted.
(5) The prisoner shall be
				  informed that he/she has the right to request an evaluation by two independent
				  professionals from the approved list provided by the State Department of Mental
				  Health and the Department of Corrections. If the prisoner or any person
				  appearing on his or her behalf at the hearing requests it, the board shall
				  appoint two independent professionals as defined in Penal Code section
				  2978.
(6) The record of the hearing shall be a tape
				  recording.
(7) Written Decision.
				  The prisoner and his or her attorney shall receive a copy of the decision
				  specifying the decision, the information considered, and the reasons for the
				  decision.
(8) A prisoner may appeal
				  a certification hearing decision pursuant to §
											2050.
(9) The hearing shall be conducted by one
				  Deputy Commissioner.
(10) The
				  prisoner shall be informed at the hearing of his or her right to request a
				  trial on whether he or she meets the criteria of Penal Code section
				  2962.
(11) The board shall provide a prisoner who
				  requests a trial a petition form and instructions for filing the
				  petition.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2577 - Mental Health Treatment Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The mental health treatment required as a condition of parole by the board
				  shall be inpatient unless the State Department of Mental Health certifies to
				  the board that there is reasonable cause to believe the parolee can be safely
				  and effectively treated on an outpatient basis, in which case the board shall
				  permit the State Department of Mental Health to place the parolee in an
				  outpatient program specified by the State Department of Mental
				  Health.
(b) Before deciding to seek
				  revocation of the parole of a parolee receiving mental health treatment
				  pursuant to Penal Code section
				  2962, and
				  returning the parolee to prison, the parole agent shall consult with the
				  Director of the parolee's outpatient program.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. Amendment to reference citation
					 filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						2964, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2578 - Placement Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If the State Department of Mental Health has not placed a parolee on outpatient
				  treatment within sixty (60) days after receiving custody of the parolee or
				  after parole is continued pursuant to Penal Code section
				  3001, the
				  parolee may request a hearing before the board to determine whether he or she
				  shall be treated as an inpatient or an outpatient.
(b)
(1) The
				  standard of proof used at this hearing shall be a preponderance of the evidence
				  standard.
(2) The burden of proof
				  shall be on the State Department of Mental Health to establish that the
				  prisoner requires inpatient treatment.
(3) The prisoner/parolee shall have the
				  rights specified in §§
											2245-2256.
(4) An attorney shall be appointed or
				  retained to represent the prisoner or parolee. Attorney waivers will not be
				  accepted.
(5) Parolees shall be
				  informed that they have a right to request evaluations by two (2) independent
				  professionals from the approved list provided by the Department of Corrections
				  and the State Department of Mental Health. If the prisoner or any person
				  appearing on his or her behalf at the hearing requests it, the board shall
				  appoint two independent professionals as defined in Penal Code section
				  2978.
(6) The record of the hearing shall be a tape
				  recording.
(7) Written
				  Decision--The parolee and his attorney shall receive a copy of the decision
				  specifying the decision, the information considered and the reasons for the
				  decision.
(8) A parolee may appeal
				  a placement hearing decision pursuant to §
											2050.
(9) The hearing shall be conducted by one
				  Deputy Commissioner.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2579 - Parole Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certification for mental health treatment pursuant to Penal
					 Code section
					 2962 does not
					 eliminate the requirement that P&CSD shall report behavior to the board as
					 specified in section
					 2616(a), or
					 violation of the board imposed special conditions of parole. This policy
					 applies to parolees on inpatient or outpatient status.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. Amendment of reference citation
					 filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						2962, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2580 - Discharge Review and Annual Review Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If the P&CSD at the time of the review required by §
										2535 recommends that the parolee
				  be retained on parole and to reaffirm the special condition of treatment by the
				  State Department of Mental Health, and the decision of central office calendar
				  is to retain and reaffirm, the parolee is entitled to an Annual Review Hearing
				  conducted under the provisions of subdivision (b) of this section.
(b) The purpose of the hearing is to
				  determine whether:
(1) The parolee has a
				  severe mental disorder. The parolee's severe mental disorder is not in
				  remission or cannot be kept in remission without treatment.
(2) The crime occurred on or after January 1,
				  1986.
(3) The prisoner represents a
				  substantial danger of physical harm to others by reason of his or her severe
				  mental disorder.
(4) The parolee
				  can be safely and effectively treated on an outpatient basis if the parolee is
				  still being treated as an inpatient.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2600 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New final
					 paragraph and NOTE filed 9-23-96; operative 10-23-96 (Register 96, No.
					 39).
2. Change without regulatory effect repealing section filed
					 11-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
Note: Authority cited: Section
						3052, Penal
						Code. Reference: Sections
						3000(b)(7)
						and
						3060, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2601 - Criteria for Placement of a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  parolee suspected of a parole violation may be detained by a parole hold for
				  any of the following reasons:
(1) He is a
				  danger to himself.
(2) He is a
				  danger to the person or property of another.
(3) He may abscond.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2602 - Factors Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examples of factors to be considered in deciding whether to
					 place a parole hold include:
(a) The
				  emotional or mental health of the parolee resulting in the parolee being a
				  danger to self or others, or being unable to adequately take care of himself or
				  herself.
(b) The presence of drug
				  or alcohol abuse. If drug or alcohol abuse is the only factor warranting a
				  parole hold, the parolee should be placed in jail on a parole hold only when
				  there is no suitable alternative available, such as a hospital or
				  detoxification center with adequate security.
(c) The seriousness of the alleged parole
				  violation.
(d) Prior instances of
				  assaultive behavior when the present violation relates to danger to
				  others.
(e) Involvement in the
				  transportation, sale, or distribution of narcotics or dangerous restricted
				  drugs.
(f) Present threats of
				  violence.
(g) Repeated unlawful
				  conduct during the parolee's current parole in contrast to a "one-time"
				  incident.
(h) Record of escapes
				  from custody or absconding from parole, probation or bail.
(i) Nomadic geographical pattern of prior
				  arrests.
(j) Employment history and
				  stability.
(k) Residential
				  pattern.
(l) Nature of family and
				  community relationships.
(m)
				  Necessary psychiatric treatment cannot be obtained in the community.
(n) Conduct indicating that the parolee's
				  mental condition has deteriorated such that the parolee is likely to engage in
				  future criminal behavior.
1. Amendment
					 of subsection (a) and new subsection (m) filed 10-5-89; operative 11-4-89
					 (Register 89, No. 41).
2. New subsection (n) and amendment of NOTE
					 filed 8-26-98 as an emergency; operative 8-26-98 (Register 98, No. 35). A
					 Certificate of Compliance must be transmitted to OAL by 12-24-98 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 8-26-98 order transmitted to
					 OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code; and Terhune v. Superior Court (Whitley), 65 Cal.App.4th 864. Reference:
						Section
						3056, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2603 - Review of a Parole Hold. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 11-26-2014 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2604 - Reasons for Parole Hold. [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. Change without
					 regulatory effect repealing section filed 11-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2605 - Transfer to Prison. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (c) filed 10-5-89; operative 11-4-89 (Register 89, No.
					 41).
2. Change without regulatory effect amending subsection (c)
					 filed 5-8-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 19).
3. Change without regulatory
					 effect repealing section filed 11-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3056, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 1 - Parole Hold Policy › Section 2606 - Length of Parole Hold. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-15-79 as an emergency; effective upon filing (Register 79, No.
					 11).
2. Certificate of Compliance filed 5-30-79 (Register 79, No.
					 22).
3. Amendment of section and NOTE filed 8-29-2012; operative
					 9-28-2012 (Register 2012, No. 35).
4. Change without regulatory
					 effect repealing section filed 11-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3056,
						3057 and
						3060.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 2 - Parole Violations and Reports › Section 2615 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section and new NOTE filed 9-23-96; operative 10-23-96 (Register 96, No.
					 39).
2. Change without regulatory effect repealing section filed
					 11-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 48).
Note: Authority cited: Section
						3052, Penal
						Code. Reference: Sections
						3060 and
						3063, Penal
						Code.