Cal. Code Regs. Tit. 9, § 30811 - Category 5 Offenses

A parole consideration date interval of eighteen months shall be established for those cases committed to the Youth Authority for offenses in this category.

(a) Offenses:

(1) Assault with A Deadly Weapon or Force Likely to Produce Great Bodily Injury (245(a) Penal Code).

(2) Battery (with substantial bodily injury) (242, 243(d), 243.2, 243.3, 243.6 Penal Code).

(3) Battery Upon a Peace Officer, Fireman or Upon a Custodial Officer (243.1, 243(b), 243(c) Penal Code).

(4) Recklessly Causing a Fire of Inhabited Structure or Property (452(b) Penal Code).

(5) Robbery (211 Penal Code).

(6) Grand Theft Person (487(2) Penal Code).

(7) Burglary, 1st Degree (459 or 460 Penal Code).

(8) Accessory to Murder (32 Penal Code).

(9) Sexual Battery (243.4 Penal Code).

(10) Intimidation of Witness by Force or Fear; in furtherance of a conspiracy; for pecuniary gain; or by a repeat offender (136.1(c) Penal Code).

(11) Conspiracy to commit any Category 5 offense (182 Penal Code).

(12) Attempt of any Category 4 Offense.

(b) Panels, Deviation, and Modification.

(1) All cases in this category may be heard by a referee at the initial hearing. The referee may approve a six-month deviation from the prescribed parole consideration date. A referee may recommend further deviation from the prescribed parole consideration date by submitting the matter to a full Board panel for decision. All subsequent hearings shall be heard by a Board panel with the exception of the following:

(A) 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 in any annual review year modify an established parole consideration date by six months with the exception of the following:

(A) A Board panel or 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 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 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.

Notes

Cal. Code Regs. Tit. 9, § 30811

1. Change without regulatory effect renumbering former title 15, section 4955 to new title 9, section 30811 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.

1. Change without regulatory effect renumbering former title 15, section 4955 to new title 9, section 30811 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).