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 2 - Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders
Section 3495 - Definitions

(a) An incarcerated person is an "indeterminately-sentenced nonviolent offender" if the incarcerated person was sentenced to an indeterminate term and none of the following is true:

(b) Notwithstanding subsection (a), an "indeterminately-sentenced nonviolent offender" includes an incarcerated person who has completed a determinate term of incarceration and is currently serving an indeterminate 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. For purposes of determining the primary offense under this section, the term of imprisonment for incarcerated persons sentenced to a life term under an alternative sentencing scheme for a nonviolent crime shall be the maximum term applicable by statute to the underlying nonviolent offense.

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

(f) A "nonviolent parole eligible date" is the date on which an indeterminately-sentenced nonviolent offender who is eligible for a parole consideration hearing under Section 3496 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.