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 3492 - Eligibility Review and Referral to the Board of Parole Hearings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Eligible determinately-sentenced nonviolent offenders under Section 3491 shall be referred to the Board of Parole Hearings for parole consideration at least 35 calendar days prior to their nonviolent parole eligible date unless their nonviolent parole eligible date falls less than 180 calendar days prior to their earliest possible release date or they will reach their earliest possible release date in less than 210 calendar days.
(b) A review for possible referral to the Board under subsection (a) shall be conducted again one year from the date of the incarcerated person's previous review for referral until the incarcerated person is released from custody or is no longer eligible for parole consideration under Section 3491.
(c) Referral results under subsection (a) shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed and, if the incarcerated person is referred to the Board of Parole Hearings, the incarcerated person shall be provided information about the nonviolent offender parole process, including the opportunity to submit a written statement to the Board of Parole Hearings.
(d) Eligibility reviews and referrals under this section are subject to the department's administrative remedies process in accordance with section 3480, et seq.
(e) Incarcerated persons who were ineligible for referral to the Board of Parole Hearings under the former public safety screening criteria shall be reviewed again under subsection (a), unless they are no longer eligible for parole consideration under Section 3491 or have been released.
(f) Determinately-sentenced nonviolent offenders who became eligible for parole consideration as a result of the California Supreme Court's decision in In re Gadlin (2020) 10 Cal.5th 915, and whose nonviolent parole eligible date is on or before July 1, 2021, shall be referred to the Board of Parole Hearings for parole consideration by July 1, 2021. This subsection shall not apply to determinately-sentenced nonviolent offenders whose earliest possible release date is on or before November 1, 2021.
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.
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.
