Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A parole consideration date interval of one year shall be
established for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses:
(1) Concealable Firearms (12021, 12025 Penal
Code).
(2) Possession of Explosives,
Flammable Matter or Fire Bomb (452(a) Penal Code).
(3) Recklessly Causing Fire to Uninhabited
Structure or Forest Land (452(c) Penal Code).
(4) Burglary, 2nd Degree (459, 460 Penal
Code).
(5) All Felony Offenses Not
Listed.
(6) Conspiracy to commit any
Category 6 offense (182 Penal Code).
(7)
An Attempt of Any Category 5 offense.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a
referee at the initial hearing and all subsequent hearings. At the initial hearing,
the referee may approve a six-month deviation from the prescribed parole
consideration date.
(2) A referee may in
any annual review year modify an established parole consideration date by six months
with the exception of the following:
(A) A referee
may in any annual review year modify an established parole consideration date
downward by up to 12 months for cases in designated accelerated treatment/counseling
programs which have a duration of one year or less.
(B) A referee may modify an established parole
consideration date upward up to 12 months for DDMS behavior.
(3) A recommendation of a 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
approve an additional twelve-month deviation or modification to the prescribed or
established parole consideration date 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 foregoing 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
4956 to new title 9, section
30812 filed 3-2-2020 pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 10).
Note: Authority cited: Section
1722,
Welfare and Institutions Code. Reference: Sections
1176,
1719,
1721,
1723
and
1766,
Welfare and Institutions Code.
