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 3496 - Eligibility Review
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An "indeterminately-sentenced nonviolent offender," as defined in subsection 3495(a), shall be eligible for a parole consideration hearing by the Board of Parole Hearings under Article 16 of Chapter 3 of Division 2 of this title.
(b) The Department shall complete an eligibility review within 60 calendar days of an incarcerated person's admission to the Department.
(c) 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 or when an incarcerated person begins serving a term for one or more in-prison offenses of which at least one is an indeterminate term and none is for a "violent felony."
(d) The Department shall conduct an eligibility review by completing the following steps:
(e) 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.
(f) Eligibility reviews under this section are subject to the Department's incarcerated person appeal process in accordance with Article 8 of Chapter 1 of this Division.
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.
