California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners › Section 2273 - 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. The change
				  in legal status shall be considered at the initial parole hearing as regularly
				  scheduled or as would be scheduled by 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				  state prison the parole date shall be rescinded.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.
1.
					 Renumbering of Section
					 2274 to Section
					 2273 filed 7-21-78 as an
					 emergency; effective upon filing (Register 78, No. 29).
2. New
					 subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79,
					 No. 4).
3. Amendment of subsection (c) filed 12-28-79 as procedural
					 and organizational; designated effective 1-1-80 (Register 79, No.
					 52).
4. Amendment of subsection (c) filed 5-28-81; effective
					 thirtieth day thereafter (Register 81, No. 22).
5. Amendment of
					 subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No.
					 25).
6. 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
						3041,
						3041.5 and
						3041.7, Penal
						Code.