Cal. Code Regs. Tit. 15, § 3496 - Eligibility Review

(a) An "indeterminately-sentenced nonviolent offender," as defined in subsection 3495(a), shall be eligible for a parole consideration hearing by the Board of Parole Hearings under Article 16 of Chapter 3 of Division 2 of this title.

(b) The Department shall complete an eligibility review within 60 calendar days of an inmate's admission to the Department.

(c) The Department shall conduct a new eligibility review whenever an official record, such as an amended abstract of judgment or minute order, is received that affects the inmate's eligibility under this article or when an inmate begins serving a term for one or more in-prison offenses of which at least one is an indeterminate term and none is for a "violent felony."

(d) The Department shall conduct an eligibility review by completing the following steps:

(1) The Department shall determine if the inmate is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a) of this section.

(2) If the inmate is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a), the Department shall identify the inmate's primary offense, as defined in subsection 3495(d) of this article.

(A) If at the time of the eligibility review the inmate is serving a term or terms for crimes committed prior to their arrival to prison that are not a violent felony, the terms for any in-prison crimes that are not a violent felony shall be considered when identifying the inmate's primary offense.

(B) If at the time of the eligibility review the inmate is serving a term or terms for crimes committed after their arrival to prison that are not a violent felony, only the terms for all in-prison crimes that are not a violent felony currently being served or yet to be served shall be considered when identifying the inmate's primary offense.

(3) If the inmate is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a), the Department shall establish the inmate's nonviolent parole eligible date, as defined in subsection 3495(f) of this article.

(e) Eligibility reviews under this section shall be served on the inmate and placed in the inmate's central file within 15 business days of being completed.

(f) Eligibility reviews under this section are subject to the Department's inmate appeal process in accordance with Article 8 of Chapter 1 of this Division.

Notes

Cal. Code Regs. Tit. 15, § 3496

1. New section filed 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-6-2019 as an emergency; operative 6-11-2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
4. Repealer of subsection (b), subsection relettering and amendment of newly designated subsections (d)(1)-(2) and (d)(3) filed 4-29-2021 as an emergency; operative 4-29-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of HISTORY 4 (Register 2021, No. 36).
6. Certificate of Compliance as to 4-29-2021 order, including amendment of subsections (d)(2)(A)-(d)(3) and amendment of NOTE, transmitted to OAL 1-13-2022 and filed 2-28-2022; amendments operative 2-28-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).

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.

1. New section filed 12-26-2018 as an emergency; operative 1/1/2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-6-2019 as an emergency; operative 6/11/2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
4. Repealer of subsection (b), subsection relettering and amendment of newly designated subsections (d)(1)-(2) and (d)(3) filed 4-29-2021 as an emergency; operative 4/29/2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-6-2021 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 2021, No. 36).
6. Certificate of Compliance as to 4-29-2021 order, including amendment of subsections (d)(2)(A)-(d)(3) and amendment of Note, transmitted to OAL 1-13-2022 and filed 2-28-2022; amendments operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).