Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A parole consideration date interval of four years shall be
established for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses.
(1) Voluntary Manslaughter (192 Penal
Code).
(2) Rape (in concert or with
substantial injury) (261 and all subsections and 264.1 Penal Code).
(3) Sodomy (in concert or with substantial injury)
(286 and all subsections Penal Code).
(4) Sexual Assault with a Foreign Object (in
concert or with substantial injury) (289 and 264.1 Penal Code).
(5) Oral Copulation (in concert or with
substantial injury) (288a and all subsections Penal Code).
(6) Lewd or Lascivious Act on Child Under 14 (Age
of defendant in relationship to victim to be considered as possible mitigation) (288
and all subsections Penal Code).
(7)
Kidnap for Ransom, Reward or Extortion (209(a) Penal Code).
(8) Kidnap during carjacking (209.5 Penal
Code).
(9) Explosion/attempt to explode
or ignite a destructive device with the intent to commit murder (12308 Penal
Code).
(10) Kidnap for Robbery (209[b]
Penal Code).
(11) Conspiracy to commit
any Category 2 offense (182 Penal Code).
(12) Attempt of any Offense in Category
1.
(13) Continuous sexual abuse of a
child (288.5 Penal Code and all subsections).
(b) Panels, Deviation, and Modification.
(1) All cases in Category 2 shall be heard by a
Board panel at the initial hearing and all subsequent hearings with the exception of
the following:
(A) Parole consideration hearings
shall be conducted by a full panel.
(B)
Annual and progress reviews for wards housed at or committed to any non-Youth
Authority facility and all Disciplinary Decision Making System (DDMS) matters may be
heard by a referee.
(2) A
Board panel or referee may approve a deviation or modification of six months earlier
or later than the prescribed or previously established parole consideration date,
except that a referee may modify a parole consideration date up to 12 months for
DDMS behavior.
(3) A recommendation of a
Board panel or referee for deviation or modification in excess of the foregoing
shall be submitted to a full Board panel for decision.
(4) A full Board panel may modify a previously
established parole consideration date by a maximum of six months in any annual
review year, except that a full Board is not limited in its ability to modify a
parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for
deviation or modification in excess of the periods of time cited in (4) of this
section shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its
ability to deviate or modify.
1. Change without
regulatory effect renumbering former title 15, section
4952 to new title 9, section
30808 filed 3-2-2020 pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 10).
Note: Authority cited: Sections
1721
and
1722,
Welfare and Institutions Code. Reference: Sections
1176,
1719,
1721,
1723
and
1766,
Welfare and Institutions Code.
