reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2289 - Fixing a Parole Date: Computation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2290 - Postconviction Credit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 8-18-78 as an emergency; designated effective 8-21-78.
					 Filed in the week of Register 78, No. 33, this amendment is printed in Register
					 78, No. 41 for technical reasons (Register 78, No. 41).
2.
					 Certificate of Compliance filed 10-27-78 (Register 78, No 43).
3.
					 Editorial correction in placement of history notes (Register 78, No.
					 43).
4. Repealer of subsection (a)(1) and amendment of subsection
					 (b)(1) filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
					 4).
5. New subsection (e) filed 6-11-79; effective thirtieth day
					 thereafter (Register 79, No. 24).
6. Amendment of subsections (a)
					 and (b) filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
					 33).
7. Amendment of subsection (d) filed 1-20-88; operative 2-19-88
					 (Register 88, No. 5).
8. Amendment of subsection (a) and NOTE filed
					 12-20-93; operative 1-19-94 (Register 93, No. 52).
9. Editorial
					 correction of subsection (e) (Register 95, No. 45).
10. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3041, Penal
						Code; and In re Stanley, 54 Cal.App.3d 1030 (1976).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2291 - New Crimes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 5 - Parole Consideration Criteria and Guidelines for Life Prisoners › Section 2292 - Retroactivity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. All life prisoners committed to state prison for crime(s) committed
				  prior to July 1, 1977 shall be heard in accordance with rules in effect prior
				  to 7/1/77. All life prisoners heard after the effective date of these
				  regulations, who have been committed to state prison for crime(s) committed
				  after 7/1/77, shall be heard in accordance with this article.
1. Amendment
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
2. New subsection (e) filed 5-1-80; effective thirtieth day
					 thereafter (Register 80, No. 18).
3. Amendment of subsection (c) and
					 repealer of subsection (e) filed 8-12-82; effective thirtieth day thereafter
					 82, No. 33).
4. Amendment of subsection (a) filed 11-13-85;
					 effective thirtieth day thereafter (Register 85, No. 46).
5. Change
					 without regulatory effect repealing subsections (b)-(d) filed 10-28-2020
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041, Penal
						Code; In re Stanley, 54 Cal. App. 3d 1030 (1976); and In re Stanworth, 33 Cal.
						App. 3d 176 (1976).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2300 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All ISL prisoners shall be considered for parole pursuant
					 to the procedures in this article. ISL prisoners with new criminal or
					 disciplinary charges pending shall be scheduled as provided in Section
					 2307. ISL prisoners with changes
					 in legal status shall be scheduled as provided in Section
					 2308.
ISL prisoners shall also have a DSL release date calculated
					 as provided in Chapter 2, Article 3. Actual release on parole shall occur on
					 the ISL parole date as calculated in this article or the DSL release date,
					 whichever occurs first. Until actual release, the prisoner is entitled to the
					 ISL parole consideration hearings described in this article.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2301 - Information Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At all parole consideration hearings described in this
					 article, the hearing panel shall consider the information described in Sections
					 2232-2235.
1. Amendment
					 filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
					 46).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3041 and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2302 - Panel Composition. [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 6 - Parole Consideration Procedures for ISL Prisoners › Section 2303 - Prisoner Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At all parole consideration hearings described in this
					 article the prisoner shall have the rights specified in Sections
					 2245-2255. The record of the
					 hearing shall be a tape recording.
1. Amendment
					 filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
					 24).
2. Amendment filed 8-12-82; effective thirtieth day thereafter
					 (Register 82, No. 33).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						1170.2
						(c), Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2304 - Initial Parole Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. At this hearing the prisoner shall be considered for parole for the
				  first time. The hearing panel shall first determine whether the prisoner is
				  unsuitable for parole under the criteria in Section
				  2316. If the prisoner is found
				  unsuitable, parole shall be denied, and a written statement of the specific
				  factual reasons for the denial shall be given to the prisoner. The hearing
				  panel may recommend to the prisoner what steps may be undertaken to enhance the
				  possibility of a grant of parole at a future hearing.
(b) Scheduling. The initial parole hearing
				  shall be scheduled as follows:
(1) MEPD within
				  120 days.
A prisoner whose MEPD is within 120 days of reception shall
					 be scheduled within 120 days of reception.
(2) MEPD over 120 Days.
A prisoner whose MEPD is more than 120 days after reception
					 shall be scheduled one month before the MEPD.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2305 - Progress Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register
					 79, No. 24).
2. New subsection (b)(5) filed 10-25-79; effective
					 thirtieth day thereafter (Register 79, No. 43).
3. Amendment of
					 subsection (b) filed 5-1-80; effective thirtieth day thereafter (Register 80,
					 No. 18).
4. Change without regulatory effect repealing section filed
					 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						1170.2, Penal
						Code; and In re Stanley, 54 Cal.App.3d 1030 (1976).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2306 - Subsequent Parole Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. At this hearing each prisoner who was previously denied parole shall
				  be reconsidered for parole in the same manner as at the initial parole hearing.
				  The hearing panel shall consider the information developed since the last
				  hearing applying the criteria of Section
				  2316.
(b) Scheduling. This hearing shall be
				  scheduled 12 months after the most recent hearing and annually
				  thereafter.
1. Amendment
					 of section title filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2. Change
					 without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2307 - Hearing for Prisoners with New Criminal or Disciplinary Charges Pending

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Department staff shall postpone the parole consideration
					 hearing of any prisoner who has new criminal or serious disciplinary charges
					 (see Director's Rule 3315) pending immediately prior to a regularly scheduled
					 hearing. Department staff shall place the case on the miscellaneous proceedings
					 calendar every 90 days from the date of the originally scheduled hearing
					 including a report of the status of the case. Following conclusion of the
					 criminal or disciplinary charges, the case shall be scheduled for the next
					 regular calendar.
1. Amendment
					 of subsection (b) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2.
					 Amendment filed 2-8-80; effective thirtieth day thereafter (Register 80, No.
					 6).
Note: Authority cited; Section
						5076.2, Penal
						Code. Reference: Section
						1170.2, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2308 - Hearings for Prisoners with Changes in Legal Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Changes in legal status include: a final court decision
					 altering the prisoner's commitment status, modification of the judgment or
					 abstract of judgment, and new commitments.
(a) Before Initial Parole Hearing. If a
				  prisoner's legal status changes before the initial parole hearing, the change
				  in legal status shall be considered at the initial parole hearing as regularly
				  scheduled or as would be scheduled considering the change in legal
				  status.
(b) After Initial Parole
				  Hearing. If a prisoner's legal status changes after the initial parole hearing,
				  department staff shall immediately schedule the prisoner for a subsequent
				  parole hearing.
(c) New Commitment.
				  If a prisoner with a previously established parole date receives a new
				  commitment to state prison the parole date shall be rescinded. No hearing or
				  other board action is required. The department shall record the rescission of
				  the parole date on the grounds that the prisoner has received a new commitment.
				  The prisoner may appeal the rescission only on the grounds that he is not the
				  person sentenced to state prison by the new judgment.
If the new commitment is for a life sentence, the prisoner
					 shall be scheduled for a documentation hearing during the 36th month after
					 commencement of the life term (§
										2269.1) and a parole consideration
					 hearing during the 13th month prior to the new minimum eligible parole date
					 (§
										2268(c)).
If the new commitment is for an indeterminate sentence, the
					 prisoner shall be scheduled for a parole consideration hearing one month before
					 the minimum eligible parole date for the new commitment offense or within 120
					 days if the M.E.P.D. is within 120 days of receipt of the new commitment
					 (§
										2304).
If the new commitment is for a determinate term, the parole
					 consideration hearing shall be conducted within 60 days of receipt of the new
					 commitment unless no parole consideration hearing is required under §
										2310.
1. New
					 subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79,
					 No. 4).
2. Amendment of subsection (c) filed 5-28-81; effective
					 thirtieth day thereafter (Register 81, No. 22).
3. Amendment of
					 subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No.
					 25).
4. Change without regulatory effect amending subsection (b)
					 filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2309 - Hearings for Prisoners with Confirmed 1170.2 Release Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any ISL prisoner who has a confirmed 1170.2(a) release date
					 which will occur less than 60 days after a scheduled ISL parole hearing will be
					 removed from the ISL calendar and released on this 1170.2(a) release date. An
					 1170.2(a) release date is confirmed when the calculation of the determinate
					 term has been signed by three commissioners or deputy commissioners of the
					 board.
If the prisoner may have a special or particular parole
					 plan which could warrant the advancement of the ISL date to a date earlier than
					 his DSL date the case shall be placed on the miscellaneous proceedings
					 calendar.
1. New
					 section filed 4-4-78; effective thirtieth day thereafter (Register 78, No.
					 14).
2. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No.
					 5).
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: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2,
						5075 and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 6 - Parole Consideration Procedures for ISL Prisoners › Section 2310 - Hearings for Prisoners Serving ISL and DSL Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Prisoners serving both ISL and DSL terms shall have an ISL parole
				  consideration hearing only if the board could set an ISL parole date that would
				  result in a release earlier than the release date calculated under Penal Code
				  Section
				  1170.2. If an
				  ISL parole consideration hearing is required, it shall be held as provided in
				  Section 2304.
(b) Concurrent ISL and DSL Terms. A prisoner
				  serving concurrent ISL and DSL terms shall be scheduled for an ISL parole
				  consideration hearing only if the minimum DSL release date on the ISL term is:
(1) later than the DSL release date on the
				  DSL term and
(2) more than sixty
				  days later than the MEPD on the ISL term.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2315 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applying the criteria in 2316, the hearing panel shall
					 first determine whether the prisoner is unsuitable for parole. If the prisoner
					 is found unsuitable, parole shall be denied.
1. Change
					 without regulatory effect amending section filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2316 - Unsuitability Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether an ISL prisoner is unsuitable for
					 parole the hearing panel shall consider factors which affect the severity of
					 the offense and the risk of danger to society if the prisoner were released.
					 Examples of factors indicating the prisoner is unsuitable for parole
					 include:
(a) A history of violent
				  attacks.
(b) A history of forcible
				  sexual attacks on others.
(c) A
				  persistent pattern of criminal behavior and a failure to demonstrate evidence
				  of a substantial change for the better.
(d) The presence of a psychiatric or
				  psychological condition related to the prisoner's criminality which creates a
				  high likelihood that new serious crimes will be committed if
				  released.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2317 - Fixing a Parole Date: Criteria. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b)(4) filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
2. New
					 subsection (c)(1)(D) and new NOTE 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.
3. Certificate of Compliance
					 as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001
					 (Register 2001, No. 34).
4. Change without regulatory effect
					 repealing 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 and
						4801, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2318 - Fixing a Parole Date: Procedure. [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 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2319 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (d) filed 10-27-77 as an emergency. Certificate of Compliance
					 included (Register 77, No. 44).
2. Change without regulatory effect
					 repealing section filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2320 - Base Period of Confinement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2321 - Adjustment: General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reasons. The specific, factual reasons for making any adjustment in the total
				  period of confinement for the factors enumerated in §
										2322-2324 shall be given in
				  writing by the hearing panel.
1. Repealer
					 of subsection (a) and relettering of subsection (b) to subsection (a) 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 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2322 - Adjustments for Preconviction Factors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register
					 79, No. 4).
2. Amendment of subsection (a) filed 10-25-79; effective
					 thirtieth day thereafter (Register 79, No. 43).
3. Change without
					 regulatory effect repealing section filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2,
						3041 and
						3060, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2323 - Adjustments for Commitment Factors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 4-4-78; effective thirtieth day thereafter (Register
					 78, No. 14).
2. Change without regulatory effect repealing section
					 filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						1170.2, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2324 - Adjustments for Postconviction Factors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 1-25-79; effective thirtieth day thereafter (Register
					 79, No. 4).
2. New subsection (c) filed 6-11-79; effective thirtieth
					 day thereafter (Register 79, No. 24).
3. Change without regulatory
					 effect repealing section filed 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Section
						1170.2 and
						3041, Penal
						Code; and In re Stanley, 54 Cal.App.3d 1030 (1976).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2325 - Weapons. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2326 - Criminal Charges Not Resulting in a Prison Sentence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2327 - Fixing a Parole Date: Computation. [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 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2328 - New Commitments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 7 - Parole Consideration Criteria and Guidelines for ISL Prisoners › Section 2329 - Suggested Base Ranges. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsections (n) and (o) filed 4-4-78; effective thirtieth day thereafter
					 (Register 78, No. 14).
2. Amendment of subsection (l ) filed
					 5-28-81; effective thirtieth day thereafter (Register 81, No.
					 22).
3. Editorial correction of subsections (i)-(j) (Register 95,
					 No. 42).
4. Change without regulatory effect repealing section filed
					 10-28-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1170.2 and
						3041, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2340 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 8 (Sections
					 2340-2346) and new Article 8
					 (Sections 2340-2345) filed 5-28-81;
					 effective thirtieth day thereafter (Register 81, No. 22). For prior history,
					 see Registers 79, No. 52; 78, No. 14; and 77, No. 44.
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
						1203.03,
						2900,
						2900.1,
						2900.5,
						4019, Penal
						Code; and People v. Sage, 26 Cal.3d 498 (1980), modified 27 Cal.3d 144a.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2341 - Types of Preprison Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Custody Credit. As used in this article, "custody credit" refers to credit
				  granted pursuant to
(1) Penal Code Section
				  2900.5;
(2) Penal Code Section
				  4019;
(3) Penal Code Section
				  1203.03 for
				  time actually served in custody;
(4) Penal Code Section
				  2900.1.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2342 - Application of Preprison Custody Credit to ISL, Nonlife 1168 and Life Prisoner Parole Dates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						1203.03,
						2900.1,
						2900.5 and
						4019, Penal
						Code; and In re Sosa, 102 Cal.App.3d 1002 (1980).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2343 - Application of Preprison Credit to ISL Sentence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preprison custody and outpatient credit shall be deducted
					 from the minimum term and MEPD.
1. 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: Section
						5076.2, Penal
						Code. Reference: Section
						2900.5 and former Section
						1203.03(g)
						(repealed eff. 1-1-77), Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2344 - Application of Preprison Credit to DSL Release Date Calculated Under Penal Code Section 1170.2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Single DSL Sentence. All preprison custody and Sage credit shall be deducted
				  from the DSL release date including enhancements for arming, use, or great
				  bodily injury.
(b) Concurrent DSL
				  Sentences. All preprison custody and Sage credit which is attributable to the
				  offense which results in the controlling DSL release date shall be deducted
				  from the DSL release date for that offense. In determining the controlling DSL
				  release date all preprison custody and Sage credit attributable to each offense
				  shall be deducted from the term for that offense.
(c) Consecutive DSL Sentences.
(1) No Overlapping Preprison Credit. All
				  preprison custody and Sage credit attributable to the DSL principal term crime
				  shall be deducted from that term. All preprison custody and Sage credit
				  attributable to any consecutive crime shall be deducted from the DSL
				  subordinate term computed under Section
				  2150(c).
(2) Preprison Credit Overlaps DSL Principal
				  Term and DSL Subordinate Term. Preprison custody and Sage credit attributable
				  both to the principal term crime and to any subordinate term crime shall be
				  deducted from the principal term. Any preprison custody and Sage credit in
				  excess of the principal term shall be deducted from each subordinate term to
				  which the preprison custody and Sage credit is attributable. Preprison custody
				  credit in excess of the principal term and the subordinate term shall be
				  credited deducted from the parole period.
(3) Preprison Credit Overlaps Among
				  Subordinate Terms Only. Preprison custody and Sage credit attributable to
				  subordinate terms shall be deducted from the subordinate terms to which it is
				  attributable.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 8 - Preprison Credit › Section 2345 - Excess Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any custody credit remains after deducting it from the
					 offense to which it applies, the remaining credit shall be deducted from the
					 parole period.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: In re Sosa (1980) 102 Cal.App.3d 1002; In re Ballard (1981)
						115 Cal.App.3d 647.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 9 - Release › Section 2355 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Release on parole is the actual transfer of a prisoner
					 confined in prison to parole supervision in the community. Actual release on
					 parole for a life, nonlife 1168 or ISL prisoner shall occur when all the
					 provisions of these rules and any applicable department regulations have been
					 met. No prisoner who has been scheduled for rescission proceedings shall be
					 released until the termination of the rescission proceedings.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 9 - Release › Section 2356 - Notification of Notice and Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to release on parole, the prisoner shall be given the
					 notice and conditions of parole by department staff. The notice and conditions
					 shall be provided in Spanish upon request of the prisoner.
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 3 - Parole Release › Article 9 - Release › Section 2357 - Release to Holds of Other Jurisdictions. [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 9 - Release › Section 2358 - Release upon Approved Parole Plan (RUAPP). [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 9 - Release › Section 2359 - Parole Date Advancement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A life or nonlife 1168 prisoner or an ISL prisoner who is
					 to be released on his ISL parole date may be released at any time up to 60 days
					 before the parole date if all of the following conditions are met:
(a) The actual parole date is not earlier
				  than the prisoner's minimum eligible parole date.
(b) There are no unresolved legal or
				  administrative prohibitions to release such as pending rescission
				  proceedings.
(c) Any conditions
				  upon which the parole date has been specifically conditioned have been fully
				  met.
(d) Department staff has in
				  writing authorized the earlier release based on such factors as employment
				  opportunities, special programs, family emergency or hardship, or release to a
				  hold or for deportation.
1. Repealer
					 of subsection (e) filed 11-13-85; effective thirtieth day thereafter (Register
					 85, No. 46).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						3042 and
						5076.1, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2365 - Hearing Rights: General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At all hearings the multijurisdiction prisoner shall have
					 the rights enumerated in this article. Additional rights applicable to specific
					 hearings are covered in the sections dealing with those hearings. The prisoner
					 is responsible for bringing to the attention of the hearing panel any issues
					 pertaining to his rights and any failure to comply with these rules. A
					 multijurisdiction prisoner may waive any of these rights and any such waiver
					 shall be documented in the record.
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 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2366 - Multijurisdiction Prisoners Located in California: Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Multijurisdiction prisoners located in California shall
					 have the rights enumerated in Sections
					 2245-2255.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2368 - Prehearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon notification that the board at the central office
					 calendar has ordered a hearing for a multijurisdiction prisoner or parolee, the
					 central office hearing coordinator shall assure that the officials of the other
					 jurisdiction have done the following:
(a) Scheduled the hearing.
(b) Met time limits.
(c) Advised the prisoner or parolee of his
				  rights.
(d) Screened the prisoner's
				  or parolee's requests for witnesses, if applicable.
(e) Notified any necessary witnesses of the
				  date, time and place of the hearing, if applicable.
(f) Disclosed all documentary and physical
				  evidence unless designated confidential under Section
				  2235.
(g) Decided requests for continuances under
				  Section 2253.
(h) Arranged necessary attorney
				  representation, if applicable.
(i)
				  Otherwise prepared the case for a hearing.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2369 - Documentation Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This hearing shall be conducted by a one person panel and
					 the panel member shall be a commissioner or deputy commissioner. The hearing
					 shall be scheduled pursuant to §
										2269.1. For multijurisdiction
					 prisoners located outside California, the hearing may be conducted over the
					 telephone or by videoconferencing.
1. Amendment
					 of section heading, repealer and new section and new NOTE filed 6-17-2003;
					 operative 7-17-2003 (Register 2003, No. 25).
2. 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: Section
						5076.2, Penal
						Code. Reference: Sections
						1389.7,
						3041,
						3041.5,
						11190 and
						11193, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2370 - Initial Parole Hearing: Prisoner Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multijurisdiction Prisoners Located in California. At the hearing specified in
				  Section 2268 all multijurisdiction
				  prisoners located in California, shall have the rights specified in Sections
				  2245-2255.
(b) Multijurisdiction Prisoners Located
				  Outside California. At the hearing specified in Section
				  2268, all multijurisdiction
				  prisoners located outside California shall have the rights specified in Section
				  2367. The hearing shall be a
				  telephone hearing.
(c) Record. The
				  record of the hearing shall be a verbatim transcript.
(d) Decision. In making a decision concerning
				  parole for multijurisdiction prisoners the hearing panel shall make one of the
				  following decisions considering the factors enumerated:
(1) To discharge the California sentence at
				  the minimum eligible parole date and waive parole when the crime for which the
				  prisoner has been committed to the other jurisdiction is more serious than the
				  California crime or when the prisoner has stronger family, social or economic
				  ties to the other jurisdiction than he does to California.
(2) To set the California term as provided in
				  this Chapter if the prisoner would serve substantially more time for the
				  California crimes than for the crimes committed in the other jurisdiction, the
				  prisoner has stronger social, family or economic ties to California or the
				  panel determines that discharge would be inappropriate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2371 - Progress Hearing: Prisoner Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section title filed 10-27-77 as an emergency; effective upon filing.
					 Certificate of Compliance included (Register 77, No. 44).
4. Change
					 without regulatory effect repealing section filed 10-28-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 44).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2372 - Subsequent Parole Hearing: Prisoner Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multijurisdiction Prisoners Located in California.
At the hearing specified in Section
					 2270 all multijurisdiction
					 prisoners located in California, shall have the rights specified in Sections
					 2245-2255.
(b) Multijurisdiction Prisoners Located
				  Outside California.
At the hearing specified in Section
					 2270, all multijurisdiction
					 prisoners located outside California shall have the rights specified in Section
					 2367. The hearing shall be a
					 telephone hearing.
(c)
				  Record.
The record of the hearing shall be a verbatim
					 transcript.
1. Amendment
					 of section title 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 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2373 - Nonlife 1168 and ISL Prisoners: Parole Consideration Hearing Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Multijurisdiction Prisoners Located in California. At all hearings at which a
				  prisoner is being considered for parole, all multijurisdiction prisoners
				  located in California shall have the rights specified in Sections
				  2245-2255.
(b) Multijurisdiction Prisoners Located
				  Outside California. At all hearings at which a prisoner is being considered for
				  parole all multijurisdiction prisoners located outside California shall have
				  the rights specified in Section
				  2367. The hearing shall be a
				  telephone hearing.
(c) Record. The
				  record of any parole consideration hearing shall be a tape recording. Until
				  July 1, 1978, for all multijurisdiction ISL prisoners, the record shall be a
				  written summary of the hearing prepared at the hearing by department staff.
				  After July 1, 1978, the record shall be a tape recording.
1. Repealer
					 of former Section
					 2373 and renumbering of Section
					 2374 to Section
					 2373 filed 6-11-79; effective
					 thirtieth day thereafter (Register 79, No. 24). For history of former section,
					 see Register 77, No. 44.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2401 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A life prisoner shall be considered for parole for the
					 first time at the initial parole consideration hearing scheduled as provided in
					 Section 2268. A parole date shall be
					 denied if the prisoner is found unsuitable for parole under Section
					 2402(c).
A prisoner shall not be released before the minimum
					 eligible parole date.
1. Amendment
					 filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
					 33).
2. Amendment filed 11-13-85; effective thirtieth day thereafter
					 (Register 85, No. 46).
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: Section
						5076.2, Penal
						Code. Reference: Sections
						3040 and
						3041, Penal
						Code.