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 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2402 - Determination of Suitability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The panel shall first determine whether the life prisoner is suitable
				  for release on parole. Regardless of the length of time served, a life prisoner
				  shall be found unsuitable for and denied parole if in the judgment of the panel
				  the prisoner will pose an unreasonable risk of danger to society if released
				  from prison.
(b) Information
				  Considered. All relevant, reliable information available to the panel shall be
				  considered in determining suitability for parole. Such information shall
				  include the circumstances of the prisoner's social history; past and present
				  mental state; past criminal history, including involvement in other criminal
				  misconduct which is reliably documented; the base and other commitment
				  offenses, including behavior before, during and after the crime; past and
				  present attitude toward the crime; any conditions of treatment or control,
				  including the use of special conditions under which the prisoner may safely be
				  released to the community; and any other information which bears on the
				  prisoner's suitability for release. Circumstances which taken alone may not
				  firmly establish unsuitability for parole may contribute to a pattern which
				  results in a finding of unsuitability.
(c) Circumstances Tending to Show
				  Unsuitability. The following circumstances each tend to indicate unsuitability
				  for release. These circumstances are set forth as general guidelines; the
				  importance attached to any circumstance or combination of circumstances in a
				  particular case is left to the judgment of the panel. Circumstances tending to
				  indicate unsuitability include:
(1) Commitment
				  Offense. The prisoner committed the offense in an especially heinous, atrocious
				  or cruel manner. The factors to be considered include:
(A) Multiple victims were attacked, injured
				  or killed in the same or separate incidents.
(B) The offense was carried out in a
				  dispassionate and calculated manner, such as an execution-style
				  murder.
(C) The victim was abused,
				  defiled or mutilated during or after the offense.
(D) The offense was carried out in a manner
				  which demonstrates an exceptionally callous disregard for human
				  suffering.
(E) The motive for the
				  crime is inexplicable or very trivial in relation to the
				  offense.
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 2403 - Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction filed 10-8-81; effective thirtieth day thereafter (Register 81, No.
					 41).
2. Amendment of subsection (a) filed 1-20-88; operative 2-19-88
					 (Register 88, No. 5).
3. Change without regulatory effect amending
					 subsection (a) to clarify the applicability of the matrices in subsections (b)
					 and (c) when setting the base term for prisoners sentenced to prison for
					 attempted murder, filed 2-16-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 7).
4. Amendment of section and NOTE
					 filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A
					 Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Amendment of section and NOTE refiled 9-13-2004 as an
					 emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of
					 Compliance must be transmitted to OAL by 1-11-2005 or emergency language will
					 be repealed by operation of law on the following day.
6. Amendment
					 of section and NOTE refiled 1-6-2005 as an emergency; operative 1-11-2005
					 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL
					 by 5-11-2005 or emergency language will be repealed by operation of law on the
					 following day.
7. Certificate of Compliance as to 1-6-2005 order,
					 including further amendment of subsections (d)-(f) and NOTE, transmitted to OAL
					 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
8. 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
						182,
						3040 and
						3041, Penal
						Code; and In re Sims, Sacramento Superior Court Case No. 01F07562
						(2002).
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 2404 - Circumstances in Aggravation of the Base Term. [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
						3040 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 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2405 - Circumstances in Mitigation of the Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (a)(9), subsection renumbering, and amendment of 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.
2. Certificate of Compliance as to 3-16-2001 order transmitted
					 to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
3.
					 Change without regulatory effect 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 and
						5076.2, Penal
						Code. Reference: Sections
						3040,
						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 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2406 - Adjustment for Weapons, Great Loss and Prior Prison Terms. [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
						669,
						3040,
						3041,
						12022,
						12022.5,
						12022.6 and
						12022.7, Penal
						Code.
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 2407 - Adjustments for Other Offenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b)(3)(B) filed 11-13-85; effective thirtieth day thereafter
					 (Register 85, No. 46).
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: Sections
						669,
						1170,
						3040 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 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2408 - Circumstances in Aggravation of the Adjustment for Other 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).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						669,
						1170,
						3040 and
						3041, Penal
						Code; and Sentencing Rules for the Superior Courts.
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 2409 - Circumstances in Mitigation of the Adjustment for Other 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).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						669,
						1170,
						3040 and
						3041, Penal
						Code; and Sentencing Rules for the Superior Courts.
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 2410 - Postconviction Credit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (d) and NOTE filed 8-15-91; operative 9-16-91 (Register 91, No.
					 51).
2. Amendment of subsections (b) and (c)(2) filed 12-20-93;
					 operative 1-19-94 (Register 93, No. 52).
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: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3040 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 11 - Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders › Section 2411 - Fixing a Parole Date. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register
					 85, No. 46).
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: Sections
						669,
						1203.2a and
						2900, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2420 - Scope of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The criteria and guidelines in this article shall apply to
					 prisoners sentenced to a term of 20 years to life as habitual offenders under
					 Penal Code Section
					 667.7 for
					 crimes committed on or after January 1, 1982. The guidelines in this article
					 shall be construed to be based on the public's expressed intent in adding
					 Section 667.7 to the Penal Code that a
					 person convicted of a felony in which the person inflicts great bodily injury
					 or who personally uses force likely to produce great bodily injury, and who has
					 served two or more prior prison terms for specified crimes should be
					 incarcerated for an extended period of time.
A prisoner committed as a habitual offender shall have his
					 initial parole consideration hearing in the thirteenth month prior to the
					 minimum eligible parole date. The prisoner shall have documentation hearings as
					 provided in Section
					 2269.1.
1. New
					 Article 12 (Sections
					 2420-2429.1) filed 6-14-84;
					 effective thirtieth day thereafter (Register 84, No. 24).
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
						667.7,
						2930-
						2933,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2421 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A habitual offender shall be considered for parole for the
					 first time at the initial parole consideration hearing. A parole date shall be
					 denied if the prisoner is found unsuitable for parole under Section
					 2422(c).
The circumstances tending to show suitability and
					 unsuitability contained in this article shall be construed as guidelines only.
					 The panel may make findings outside the guidelines when warranted in the
					 individual case and reasons are stated on the record.
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: Sections
						667.7,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2422 - Determination of Suitability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The panel shall first determine whether the prisoner is suitable for
				  release on parole. Regardless of the length of time served, a prisoner shall be
				  found unsuitable for and denied parole if in the judgment of the panel the
				  prisoner will pose an unreasonable risk of danger to society if released from
				  prison.
(b) Information Considered.
				  At all parole consideration hearings for habitual offenders the panel shall
				  consider the information described in Section
				  2281(b).
(c) Circumstances Tending to Show
				  Unsuitability. The panel shall consider those circumstances listed in Section
				  2281(c) which the
				  panel finds are appropriate to the case of a habitual offender. The panel may
				  make other findings when warranted by the circumstances of an individual case
				  and reasons are stated in the record.
(d) Circumstances Tending to Show
				  Suitability. The panel shall consider those circumstances listed in Section
				  2281(d) which the
				  panel finds are appropriate to the case of a habitual offender. The panel may
				  make other findings when warranted by the circumstances of an individual case
				  and reasons are stated in the record.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						667.7 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2423 - Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section and NOTE filed 3-15-93; operative 4-14-93 (Register 93, No.
					 12).
2. Editorial correction adding subsection (b) and matrix
					 (Register 93, No. 17).
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: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						667.7 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2424 - Circumstances in Aggravation of the Base Term. [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
						667.7,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2425 - Circumstances in Mitigation of Base Term. [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: 5076.2, Penal Code. Reference:
						Sections
						667.7,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2426 - Adjustment for Weapons, Great Loss, Great Bodily Injury and Prior Prison Terms. [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
						667.5,
						667.7,
						3040,
						3041,
						12022,
						12022.5,
						12022.6 and
						12022.7, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2427 - Adjustments for Other Offenses. [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
						667.7,
						669,
						1170,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2428 - Circumstances in Aggravation and Mitigation of the Adjustment for Other 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).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						667.7,
						669,
						1170,
						3040 and
						3041, Penal
						Code; and Sentencing Rules for the Superior Courts.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2429 - Postconviction Credit. [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
						667.7,
						3040 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 12 - Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7 › Section 2429.1 - Fixing a Parole Date. [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
						667.7,
						669,
						1203.2a and
						2900, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2430 - Scope of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The criteria and guidelines in this article shall apply to
					 prisoners sentenced to a term of 15 years to life under Penal Code Section
					 667.51. The
					 guidelines in this article shall be construed as based on the public's
					 expressed intent in adding Section
					 667.51 to the
					 Penal Code that a person convicted of lewd or lascivious acts committed against
					 a child under the age of 14, and who has served two or more prior prison terms
					 for specified sex crimes should be incarcerated for an extended period of
					 time.
The general statement in Section
					 2400 regarding the differences
					 between the minimum eligible parole date and the parole release date shall be
					 construed as if incorporated herein.
A person committed under Penal Code Section
					 667.51 shall have his initial
					 parole consideration hearing in the thirteenth month prior to the minimum
					 eligible parole date. The prisoner shall have documentation hearings as
					 provided in Section
					 2269.1.
1. New
					 Article 13 (Sections
					 2430-2439.1) filed 6-14-84;
					 effective thirtieth day thereafter (Register 84, No. 24).
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
						667.51,
						667.7,
						2930-
						2933,
						3040 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2431 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A sex offender shall be considered for parole for the first
					 time at the initial parole consideration hearing. A parole date shall be denied
					 if the prisoner is found unsuitable for parole under Section
					 2432(c).
The circumstances tending to show suitability and
					 unsuitability contained in this article shall be construed as guidelines only.
					 The panel may make findings outside the guidelines when warranted in the
					 individual case and reasons are stated on the record.
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: Sections
						667.51,
						3040 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2432 - Determination of Suitability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The panel shall first determine whether the prisoner is suitable for
				  release on parole. Regardless of the length of time served, a prisoner shall be
				  found unsuitable for and denied parole if in the judgement of the panel the
				  prisoner will pose an unreasonable risk of danger to society if released from
				  prison.
(b) Information Considered.
				  At all parole consideration hearings for sex offenders the panel shall consider
				  the information described in Section
				  2281(b).
(c) Circumstances Tending to Show
				  Unsuitability. The panel shall consider those circumstances listed in Section
				  2281(c) which the
				  panel finds are appropriate to the case of a sex offender. The panel may make
				  other findings when warranted by the circumstances of an individual case and
				  reasons are stated in the record.
(d) Circumstances Tending to Show
				  Suitability. The panel shall consider those circumstances listed in Section
				  2281(d) which the
				  panel finds are appropriate to the case of a sex offender. The panel may make
				  other findings when warranted by the circumstances of an individual case and
				  reasons are stated in the record.
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						667.51 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2433 - Base Term. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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: Sections
						667.51 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2434 - Circumstances in Aggravation of the Base Term. [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
						667.51,
						3040 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2435 - Circumstances in Mitigation of the Base Term. [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
						667.51,
						3040 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2436 - Adjustment for Weapons, Great Loss, Great Bodily Injury and Prior Prison Terms. [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
						667.5,
						667.51,
						3040,
						3041,
						12022,
						12022.5,
						12022.6 and
						12022.7, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2437 - Adjustments for Other Offenses. [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
						667.51,
						669,
						1170,
						3040 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 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2438 - Circumstances in Aggravation and Mitigation of the Adjustment for Other 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).
Note: Authority cited: Section
						5076.2, Penal
						Code. Reference: Sections
						667.51,
						669,
						1170,
						3040 and
						3041, Penal
						Code; and Sentencing Rules for the Superior Courts.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2439 - Postconviction Credit. [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
						667.51,
						669,
						1203.2a and
						2900, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 13 - Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51 › Section 2439.1 - Fixing a Parole Date. [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
						667.51,
						669,
						1203.2a and
						2900, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2440 - Youth Offender Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  youth offender is an inmate who meets all of the following criteria:
(1) The inmate was convicted of a controlling
				  offense that was committed before he or she attained 26 years of age;
(2) The inmate was sentenced to a determinate
				  term or a term of life with the possibility of parole for his or her
				  controlling offense; and
(3) The
				  inmate is currently incarcerated for the controlling offense or group of
				  offenses that includes the controlling offense.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2441 - Youth Offender Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The department's Correctional Case Records Services determines whether an
				  inmate qualifies as a youth offender as defined in section
				  2440 of this article, and
				  calculates Youth Parole Eligible Dates (YPED) for all inmates who qualify as
				  youth offenders. For purposes of this article, both determinations are referred
				  to as "youth offender determinations."
(b) A YPED is the earliest date on which a
				  youth offender is eligible for a youth offender parole hearing under Penal Code
				  section
				  3051,
				  subdivision (b). A youth offender's YPED is set according to the following
				  criteria:
(1) If the controlling offense is a
				  determinate term of any length, the YPED is the first day after the youth
				  offender has completed 14 continuous years of incarceration;
(2) If the controlling offense is an
				  indeterminate term of less than 25 years to life, the YPED is the first day
				  after the youth offender has completed 19 continuous years of
				  incarceration;
(3) If the
				  controlling offense is an indeterminate term of 25 years or more to life, the
				  YPED is the first day after the youth offender has completed 24 continuous
				  years of incarceration; or
(4) If
				  the controlling offense is a term of life without the possibility of parole for
				  a crime committed prior to reaching the age of 18, the YPED is the first day
				  after the youth offender has completed 24 continuous years of
				  incarceration.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2442 - Youth Offender Determination Review by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If an inmate is not eligible as a youth offender under section
				  2440 of this article as determined
				  by the department's Correctional Case Records Services, and the inmate has
				  exhausted his or her administrative remedies with the department under article
				  8 of chapter 1 of division 3 of this title challenging the determination, the
				  inmate may submit a one-time request for review, in writing, to the
				  board.
(b) If an inmate has been
				  deemed eligible as a youth offender by the department's Correctional Case
				  Records Services but disagrees with the department's calculation of his or her
				  YPED, and the inmate has exhausted his or her administrative remedies with the
				  department under article 8 of chapter 1 of division 3 of this title challenging
				  the calculation of the YPED, the inmate may submit a one-time request for
				  review, in writing, to the board.
(c) When submitting a request for review by
				  the board of a youth offender determination, the inmate is encouraged to submit
				  the following documents:
(1) A brief
				  explanation of the reason for requesting review;
(2) A copy of the inmate's birth certificate
				  if the inmate is challenging the date of birth used by the department's
				  Correctional Case Records Services to disqualify the inmate as a youth
				  offender; and
(3) A copy of any
				  relevant sentencing documents.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2443 - Scheduling of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  youth offender shall be scheduled for a youth offender parole hearing within
				  six months following the youth offender's YPED unless the youth offender is
				  entitled to an earlier parole hearing under another provision of law.
(b) Notwithstanding (a), the following shall
				  apply:
(1) A youth offender sentenced to a
				  determinate term shall not be scheduled for an initial youth offender parole
				  hearing if the youth offender will be released as a result of his or her
				  Earliest Possible Release Date within one year of his or her YPED.
(2) A youth offender sentenced to a term of
				  life with the possibility of parole who first became eligible for a youth
				  offender parole hearing on January 1, 2018, under Assembly Bill 1308 (Chapter
				  675 of the Statutes of 2017) and whose YPED is before January 1, 2018, shall be
				  scheduled for his or her initial youth offender parole hearing by January 1,
				  2020.
(3) A youth offender
				  sentenced to a determinate term who first became eligible for a youth offender
				  parole hearing on January 1, 2016, under Senate Bill 261 (Chapter 471 of the
				  Statutes of 2015) and whose YPED is before January 1, 2016, or who first became
				  eligible for a youth offender parole hearing on January 1, 2018, under Assembly
				  Bill 1308 (Chapter 675 of the Statutes of 2017) and whose YPED is before
				  January 1, 2018, shall be scheduled for his or her initial youth offender
				  parole hearing by December 31, 2021. A youth offender shall not be scheduled
				  for an initial youth offender parole hearing under this paragraph if he or she
				  is scheduled to be released pursuant to his or her Earliest Possible Release
				  Date on or before December 31, 2021.
(4) A youth offender sentenced to a term of
				  life without the possibility of parole who first became eligible for a youth
				  offender parole hearing on January 1, 2018, under Senate Bill 394 (Chapter 684
				  of the Statutes of 2017) and whose YPED is before July 1, 2020, shall be
				  scheduled for his or her initial youth offender parole hearing within six
				  months of his or her YPED or by July 1, 2020, whichever is
				  later.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2444 - Comprehensive Risk Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When preparing a risk assessment under this section for a
					 youth offender, the psychologist shall also take into consideration the youth
					 factors described in section
					 2446 of this article and their
					 mitigating effects. The psychologist's consideration of these factors shall be
					 documented within the risk assessment under a unique heading from the remainder
					 of the report.
1. New
					 section filed 11-20-2019; operative 1-1-2020 (Register 2019, No. 47).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3051(e),
						3052 and
						5076.2, Penal
						Code. Reference: Section
						3051, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2445 - Youth Offender Parole Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  panel shall conduct a youth offender parole hearing in compliance with the
				  requirements for initial and subsequent parole consideration hearings described
				  in this chapter and Penal Code sections
				  3040,
				  3041,
				  3041.5,
				  3041.7,
				  3042,
				  3043,
				  3043.1,
				  3043.2,
				  3043.25,
				  3043.3,
				  3043.5,
				  3043.6,
				  3044,
				  3046,
				  3051,
				  3051.1, and
				  3055.
(b) In considering a youth offender's
				  suitability for parole, the hearing panel shall give great weight to the youth
				  offender factors described in section
				  2446 of this article:
(1) the diminished culpability of youth as
				  compared to adults;
(2) the hallmark
				  features of youth; and
(3) any
				  subsequent growth and increased maturity of the inmate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14 - Parole Consideration Hearings for Youth Offenders › Section 2446 - Youth Offender Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Diminished Culpability of Youths as Compared to Adults. The diminished
				  culpability of youths as compared to adults includes, but is not limited to,
				  consideration of the following factors:
(1)
				  The ongoing development in a youth's psychology and brain function;
(2) The impact of a youth's negative,
				  abusive, or neglectful environment or circumstances;
(3) A youth's limited control over his or her
				  own environment;
(4) The limited
				  capacity of youths to extricate themselves from dysfunctional or
				  crime-producing environments;
(5) A
				  youth's diminished susceptibility to deterrence; and
(6) The disadvantages to youths in criminal
				  proceedings.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14.1 - Application of Youth Offender Factors to Inmates Who Committed a Controlling Offense Before Attaining 26 Years of Age › Section 2447 - Parole Consideration Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In considering the suitability for parole of an inmate who is not a youth
				  offender under section
				  2440 of article 14 of this
				  chapter, but who committed the single crime or enhancement for which any
				  sentencing court imposed the longest term of imprisonment before he or she
				  attained 26 years of age, a hearing panel shall give great weight to the youth
				  offender factors described in section
				  2446 of article 14 of this
				  chapter:
(1) the diminished culpability of
				  youth as compared to adults;
(2)
				  the hallmark features of youth; and
(3) any subsequent growth and increased
				  maturity of the inmate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 14.1 - Application of Youth Offender Factors to Inmates Who Committed a Controlling Offense Before Attaining 26 Years of Age › Section 2448 - Comprehensive Risk Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When preparing a risk assessment in accordance with section
				  2240 of article 2 of this chapter
				  for an inmate described in subdivision (a) of section
				  2447, a psychologist shall also
				  take into consideration the youth factors described in section
				  2446 of article 14 of this chapter
				  and their mitigating effects. The psychologist's consideration of these factors
				  shall be documented within the risk assessment under a unique heading from the
				  remainder of the report.
(b) The
				  requirements of this section shall only apply to a risk assessment that becomes
				  final under subdivision (c) of section
				  2240 of article 2 of this chapter
				  after December 31, 2019.
1. New
					 section filed 11-20-2019; operative 1-1-2020 (Register 2019, No. 47).
Note: Authority cited: Section
						12838.4,
						Government Code; and Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3041,
						3041.5 and
						4801(c),
						Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 15 - Parole Consideration for Determinately-Sentenced Nonviolent Offenders › Section 2449.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following definitions
					 shall apply:
(a) An inmate is a
				  "determinately-sentenced nonviolent offender" if the inmate was sentenced to a
				  determinate term and none of the following are true:
(1) The inmate is condemned to
				  death;
(2) The inmate is currently
				  incarcerated for a term of life without the possibility of parole;
(3) The inmate is currently serving a term of
				  life with the possibility of parole;
(4) The inmate is currently serving a
				  determinate term prior to beginning a term of life with the possibility of
				  parole or prior to beginning a term for an in-prison offense that is a "violent
				  felony;"
(5) The inmate is
				  currently serving a term of incarceration for a "violent felony;" or
(6) The inmate is currently serving a term of
				  incarceration for a nonviolent felony offense after completing a concurrent
				  determinate term for a "violent felony."