Cal. Code Regs. Tit. 15, § 3497 - Referral to the Board of Parole Hearings
(a)
Inmates determined to be eligible for a parole consideration hearing under
Section 3496 shall be referred to the
Board of Parole Hearings at least 180 calendar days prior to their nonviolent
parole eligible date unless they have previously been scheduled for a parole
consideration hearing under any other provision of law or will be eligible for
a parole consideration hearing under any other provision of law within the next
12 months.
(b) Inmates who are
eligible for referral under this section shall be referred to the Board of
Parole Hearings for a parole consideration hearing under Article 16 of Chapter
3 of Division 2 of this title.
(c)
Referral results shall be served on the inmate and placed in the inmate's
central file within 15 business days of being completed and, if the inmate is
deemed eligible for referral to the Board of Parole Hearings, he or she shall
be provided information about the parole consideration hearing
process.
(d) Referral results under
this section are subject to the Department's inmate appeal process in
accordance with Article 8 of Chapter 1 of this Division.
(e) Indeterminately-sentenced nonviolent
offenders who became eligible for an initial parole consideration as a result
of the California Supreme Court's decision in In re Gadlin
(2020) 10 Cal.5th 915, shall be referred to the Board of Parole Hearings for
parole consideration by July 1, 2021, unless they have previously been
scheduled for a parole consideration hearing under any other provision of law
or will be eligible for a parole consideration hearing under any other
provision of law within 12 months.
Notes
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.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. New subsection (e) and amendment of NOTE 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 transmitted to OAL 1-13-2022 and filed 2-28-2022 (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.
2. New section refiled 6-6-2019 as an emergency; operative
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
4. New subsection (e) and amendment of Note filed 4-29-2021 as an emergency; operative
5. Editorial correction of History 4 (Register 2021, No. 36).
6. Certificate of Compliance as to 4-29-2021 order transmitted to OAL 1-13-2022 and filed
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