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 3491 - Eligibility Review

Universal Citation: 15 CA Code of Regs 3491

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A determinately-sentenced nonviolent offender, as defined in subsections 3490(a) and 3490(b), shall be eligible for parole consideration by the Board of Parole Hearings under Article 15 of Chapter 3 of Division 2 of this title.

(b) Notwithstanding subsection (a), an incarcerated person is not eligible for parole consideration by the Board of Parole Hearings under Article 15 of Chapter 3 of Division 2 of this title if any of the following apply:

(1) The incarcerated person is an indeterminately-sentenced nonviolent offender as defined in section 3495, in which case they may be eligible for parole consideration under Article 2 of this subchapter; or

(2) Within one year of the date of the eligibility review, the incarcerated person will be eligible for a parole consideration hearing under Section 3051 or 3055 of the Penal Code or the incarcerated person has already been scheduled for an initial parole consideration hearing under Section 3051 or 3055 of the Penal Code.

(c) The department shall complete an eligibility review within 60 calendar days of an incarcerated person's admission to the department.

(d) The department shall conduct a new eligibility review whenever an official record, such as an amended abstract of judgment or minute order, is received that affects the incarcerated person's eligibility under this article, when an incarcerated person begins serving a determinate term for an in-prison offense that is not a violent felony, or when an incarcerated person is within one year of being eligible for a parole consideration hearing under Section 3051 or 3055 of the Penal Code.

(e) The department shall conduct an eligibility review by completing the following steps.

(1) The department shall determine if the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b) of this section.

(2) If the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b), the department shall identify the incarcerated person's primary offense, as defined in subsection 3490(d) of this article.

(A) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed prior to their arrival to prison, the terms for any in-prison crimes shall not be considered when identifying the incarcerated person's primary offense.

(B) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed after their arrival to prison, only the terms for all in-prison crimes currently being served or yet to be served shall be considered when identifying the incarcerated person's primary offense.

(3) If the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b), the department shall establish the incarcerated person's nonviolent parole eligible date, as defined in subsection 3490(f) of this article.

(f) Eligibility reviews under this section shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed.

(g) Eligibility reviews under this section are subject to the department's administrative remedies procedures in accordance with section 3480, et seq.

Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Section 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a); and In re Gadlin (2020) 10 Cal.5th 915.

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