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 4 - Elderly Parole Program and Elderly Parole Eligible Date
Section 3499 - Elderly Parole Program Determination

Universal Citation: 15 CA Code of Regs 3499

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

(a) An incarcerated person who qualifies for the statutory Elderly Parole Program pursuant to Penal Code 3055 is identified as an elderly incarcerated person for the purpose of the statutory Elderly Parole Program if they meet all the following criteria:

(1) Is fifty years of age or older;

(2) Has served a minimum of 20 years of continuous incarceration on the incarcerated person's current sentence;

(3) Is currently serving a determinate or indeterminate sentence with the possibility of parole;

(4) Was not sentenced pursuant to Penal Code section 667, subdivisions (b) through (i), or Penal Code section 1170.12;

(5) Was not convicted of first-degree murder of a peace officer, as defined in Penal Code sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties; and

(6) Was not convicted of first-degree murder of a peace officer or former peace officer under any of the Penal Code sections listed in subsection (a)(5) and who was intentionally killed in retaliation for the performance of their official duties.

(b) For purposes of this article, "incarceration" means detention in any city or county jail, local juvenile facility, mental health facility, Division of Juvenile Justice facility, or department facility including Community Correctional Facilities, and facilities designated as the place for reception and service of the California term under Penal Code section 2900.

(c) For purposes of this section, "continuous incarceration" means an uninterrupted period of detention in one or more facilities described in subsection (b).

Note: Authority cited: Cal. Const., art. I, sec. 32; and Sections 2081.5, 3055, 5054, 5055 and 5058, Penal Code. Reference: Cal. Const., art. I, sec. 32; and Sections 2900, 2900.5, 2901, 3055 and 5054, Penal Code.

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