California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Article 6.6 - Department Recommendation to Recall Sentence and Resentence Inmate › Section 3076.2 - Referral Based on a Law Enforcement, Prosecutorial, or Judicial Referral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No more than
				  10 business days after receiving a request from the head of a law enforcement
				  agency, head of a prosecutorial agency, or judicial officer asking that the
				  Secretary consider referring an inmate to a sentencing court pursuant to subdivision
				  (a)(1) of Section
				  1170.03 of the Penal
				  Code, the Classification Services Unit shall forward a copy of the request to the
				  District Attorney of the county that prosecuted the inmate resulting in their
				  current incarceration in state prison for consideration pursuant to the District
				  Attorney's independent authority to initiate such a referral.
(b) If the District Attorney elects not to refer
				  the inmate for recall and resentencing or the District Attorney does not respond
				  with a decision to the Classification Services Unit within 90 calendar days of the
				  referral, then the Classification Services Unit shall, no more than 10 business days
				  after learning of the District Attorney's decision not to refer, or 90 calendar days
				  after making the referral to the District Attorney described in subsection (a),
				  whichever comes first, prepare a Cumulative Case Summary as described in subsection
				  (b)(3)(D) of section
				  3076.1 and forward the request and the
				  summary to the Secretary for consideration pursuant to subsection
				  3076(a).
(c) If the District Attorney elects to refer the
				  inmate to the sentencing court, then the matter shall be considered
				  closed.
1. New section
					 filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A
					 Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language
					 will be repealed by operation of law on the following day.
2. Certificate
					 of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and
					 order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No.
					 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
					 pursuant to Government Code section
					 11346.1(h)
					 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL
					 2-23-93 or emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 10-23-92 order including
					 amendment of subsections (a)(1), (a)(3)-(5) and (b)(2) transmitted to OAL 12-18-92
					 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section heading
					 and section filed 7-7-2011 as an emergency pursuant to Penal Code section
					 5058.3(a)(2);
					 operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section
					 5058.3(c),
					 a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency
					 language will be repealed by operation of law on the following day.
6.
					 Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and
					 filed 1-19-2012 (Register 2012, No. 3).
7. Repealer and new section filed
					 12-10-2019 as an emergency; operative 1-1-2020 (Register 2019, No. 50). Pursuant to
					 Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency
					 language will be repealed by operation of law on the following day.
8.
					 Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to
					 Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
					 N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to
					 OAL by 10-9-2020 or emergency language will be repealed by operation of law on the
					 following day.
9. Repealer and new section refiled 10-5-2020 as an
					 emergency; operative 10-10-2020. Emergency expiration extended 60 days (Executive
					 Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or
					 emergency language will be repealed by operation of law on the following
					 day.
10. Repealer and new section refiled 5-6-2021 as an emergency;
					 operative 5-11-2021 pursuant to Government Code section
					 11346.1(d)
					 (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order
					 N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of
					 Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be
					 repealed by operation of law on the following day.
11. Repeal of
					 emergency regulation by operation of Government Code section
					 11346.1(g)
					 and reinstatement of section as it existed prior to 12-10-2019 emergency repeal by
					 operation of Government Code section
					 11346.1(f)
					 (Register 2022, No. 3).
12. Editorial correction restoring section as it
					 existed prior to 12-10-2019 emergency and amending HISTORY 11 (Register 2022, No.
					 12).
13. Repealer and new section heading and section and amendment of
					 NOTE filed 8-11-2022; operative 10-1-2022 (Register 2022, No. 32).
Note: Authority cited: Section
						5058, Penal Code.
						Reference: Sections
						1170(a),
						3043 and
						5054, Penal
						Code.
The amended version of this section by
					 Register
					 2024, No. 28, effective 7/1/2024 is not yet
					 available.