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 3 - Parole Consideration for Youth Offenders
Section 3498.1 - Youth Offender Defined

Universal Citation: 15 CA Code of Regs 3498.1

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

(a) A youth offender is an incarcerated person who meets all of the following criteria:

(1) The incarcerated person was convicted of a controlling offense that was committed before the incarcerated person attained 26 years of age;

(2) The incarcerated person was sentenced to a determinate term or a term of life with the possibility of parole for the incarcerated person's controlling offense; and

(3) The incarcerated person is currently incarcerated for the controlling offense or group of offenses that includes the controlling offense.

(b) Notwithstanding (a), a youth offender is also an incarcerated person who meets all of the following criteria:

(1) The incarcerated person was convicted of a controlling offense that was committed before the incarcerated person attained 18 years of age;

(2) The incarcerated person was sentenced to a term of life without the possibility of parole for the incarcerated person's controlling offense; and

(3) The incarcerated person is currently incarcerated for the incarcerated person's controlling offense or group of offenses that includes the controlling offense.

(c) For purposes of determining whether an incarcerated person qualifies as a youth offender, the "controlling offense" is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment.

(d) Notwithstanding subsections (a) and (b), incarcerated persons who meet one or more of the following criteria are excluded from the definition of a youth offender:

(1) The incarcerated person is sentenced to death;

(2) The incarcerated person is sentenced to a term of life without the possibility of parole for an offense committed after the incarcerated person attained 18 years of age;

(3) The incarcerated person was sentenced on the controlling offense for a prior felony conviction under Penal Code section 1170.12 or Penal Code section 667, subsections (b) through (i);

(4) The incarcerated person was convicted of any offense after attaining 26 years of age for which "malice aforethought" is a necessary element of the offense; or

(5) The incarcerated person, after attaining 26 years of age, committed an additional crime for which the incarcerated person is sentenced to a term of life in prison.

(e) If two or more crimes or enhancements carry identical sentence lengths and are the incarcerated person's longest terms of imprisonment, the controlling offense shall be determined as follows:

(1) If none of the sentences were imposed under Penal Code section 1170.12, or Penal Code section 667, subsections (b) through (i), the controlling offense is whichever offense the incarcerated person committed first in time.

(2) If one sentence was imposed under Penal Code section 1170.12, or Penal Code section 667, subsections (b) through (i), the controlling offense is that offense.

(f) If a sentence is imposed on a crime under Penal Code sections 1170.12, or Penal Code section 667, subsections (b) through (i), but the crime is not the controlling offense, the incarcerated person is a youth offender notwithstanding subsection (d) of this section.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 667, 667.61, 1170.12, 1213, 2900, 2900.5, 2901, 3051 and 5054, Penal Code.

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