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
Subchapter 5.5 - Parole Consideration
Article 1 - Parole Consideration for Determinately-Sentenced Nonviolent Offenders
Section 3490 - Definitions

(a) An incarcerated person is a "determinately-sentenced nonviolent offender" if the incarcerated person was sentenced to a determinate term and none of the following are true:

(b) Notwithstanding subsection (a), a "determinately-sentenced nonviolent offender" includes an incarcerated person who has completed a determinate or indeterminate term of incarceration and is currently serving a determinate term for an in-prison offense that is not a "violent felony."

(c) "Violent felony" is a crime or enhancement as defined in subdivision (c) of Section 667.5 of the Penal Code.

(d) "Primary offense" means the single crime for which any sentencing court imposed the longest term of imprisonment, excluding all enhancements, alternative sentences, and consecutive sentences.

(e) "Full term" means the actual number of days, months, and years imposed by the sentencing court for the incarcerated person's primary offense, not including any sentencing credits.

(f) A "nonviolent parole eligible date" is the date on which a nonviolent offender who is eligible for parole consideration under section 3491 has served the full term of their primary offense, less any actual days served prior to sentencing as ordered by the court under section 2900.5 of the Penal Code and any actual days served in custody between sentencing and the date the incarcerated person is received by the department.