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 Incarcerated Person
Section 3076.3 - Recommendation Pursuant to Subdivision (e) of Section 1170 of the Penal Code-Consideration Factors
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
For incarcerated persons meeting one or more of the recall eligibility requirements of section 3076(b), the Classification and Parole Representative (C&PR), shall consider the following factors as may be applicable when recommending recall of commitment consideration for an incarcerated person:
(a) The incarcerated person's commitment offense.
(b) Whether the incarcerated person has a history of affiliation with organized criminal activity, including, but not limited to, any known disruptive group, street gang, prison gang, terrorist group, or racketeering enterprise.
(c) The incarcerated person is or is not designated as a Public Interest Case by the Classification Staff Representative, or their placement has or has not been ordered by the Departmental Review Board because of an unusual threat to the safety of persons or public interest in the incarcerated person's case.
(d) Whether the court was aware of the incarcerated person's medical condition at the time of sentencing.
(e) Whether the incarcerated person's prior criminal history includes violent acts against persons pursuant to Penal Code (PC) section 667.5(c) or PC section 1192.7(c), or registerable offense pursuant to PC section 290.
(f) Whether there exists a documented victim or next of kin of the incarcerated person's commitment offense in the community who would suffer fear from the release of the incarcerated person back into the community.
(g) Whether the incarcerated person's documented institutional behavior reflects a history of offenses involving force, violence, assault, arson, or predatory sexual behavior.
(h) Whether there are verifiable community resources appropriate, sufficient, and immediately available to provide support and sustenance and to meet the incarcerated person's medical and/or psychological needs upon release.
(i) Whether the incarcerated person has committed any other criminal acts, either prior to or during the current period of incarceration, that indicates they would be a danger to the public if released.
(j) Whether the incarcerated person retains the capacity to commit or to influence others to commit criminal acts that endanger public safety.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.
