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 3497 - Referral to the Board of Parole Hearings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Incarcerated persons determined to be eligible for a parole consideration hearing under Section 3496 shall be referred to the Board of Parole Hearings at least 180 calendar days prior to their nonviolent parole eligible date unless they have previously been scheduled for a parole consideration hearing under any other provision of law or will be eligible for a parole consideration hearing under any other provision of law within the next 12 months.
(b) Incarcerated persons who are eligible for referral under this section shall be referred to the Board of Parole Hearings for a parole consideration hearing under Article 16 of Chapter 3 of Division 2 of this title.
(c) Referral results 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 deemed eligible for referral to the Board of Parole Hearings, they shall be provided information about the parole consideration hearing process.
(d) Referral results under this section are subject to the Department's incarcerated person appeal process in accordance with Article 8 of Chapter 1 of this Division.
(e) Indeterminately-sentenced nonviolent offenders who became eligible for an initial parole consideration as a result of the California Supreme Court's decision in In re Gadlin (2020) 10 Cal.5th 915, shall be referred to the Board of Parole Hearings for parole consideration by July 1, 2021, unless they have previously been scheduled for a parole consideration hearing under any other provision of law or will be eligible for a parole consideration hearing under any other provision of law within 12 months.
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.
