Section 2449.4 - Review on the Merits(a) Within 30 calendar days of the conclusion of the notification process described under Section 2449.3, a hearing officer shall confirm the inmate is eligible for parole consideration under Section 3491 of Division 3 of this title and, if the inmate's eligibility is confirmed, review the inmate's case on the merits and determine whether to approve the inmate's release. If the inmate is determined to be ineligible for parole consideration under Section 3491 of Division 3 of this title, the hearing officer shall issue a written decision as specified in subsection (d) without conducting a review on the merits under subsection (b) and (c).(b) The hearing officer shall review and consider all relevant and reliable information about the inmate including, but not limited to:(1) Information contained in the inmate's central file and the inmate's documented criminal history, including the inmate's Record of Arrests and Prosecutions (RAP sheets) and any return to prison with a new conviction after being released as a result of this section; and(2) Written statements submitted by the inmate, any victims registered at the time of the referral, and the prosecuting agency or agencies that received notice under Section 2449.3.(c) After reviewing and considering the relevant and reliable information, the hearing officer shall determine whether the inmate poses a current, unreasonable risk of violence or a current, unreasonable risk of significant criminal activity as determined by considering and applying the factors in Section 2449.5.(d) The hearing officer shall issue a written decision that includes a statement of reasons supporting the decision. A copy of the decision shall be served on the inmate and placed in the inmate's central file within 15 business days of being issued. The board shall, within five business days of issuing a decision, send notice of the decision to any victim who was registered at the time of the referral and any prosecuting agency or agencies that received notice under Section 2449.3.(e) If the hearing officer finds the inmate poses a current, unreasonable risk of violence or a current, unreasonable risk of significant criminal activity, the hearing officer shall deny release and issue a decision.(f) If the hearing officer finds the inmate does not pose a current, unreasonable risk of violence or a current, unreasonable risk of significant criminal activity, the hearing officer shall approve release and issue a decision unless the decision will result in the inmate being released two or more years prior to their earliest possible release date. If the decision will result in the inmate being released two or more years prior to their earliest possible release date, the decision shall be reviewed by an associate chief deputy commissioner or the Chief Hearing Officer before it is finalized and issued. If the associate chief deputy commissioner or the Chief Hearing Officer does not concur with the hearing officer's decision, he or she shall issue a new decision approving or denying release.(g) Inmates approved for release under this section shall be processed for release by the department as described in Section 3493 of Division 3 of this title.(h) Inmates denied release under this section shall be reviewed for possible referral to the board again annually as provided in subsection 3492(b) of Division 3 of this title.(i) Inmates may seek review of decisions issued under this section by writing the board in accordance with Section 2449.7 within 30 calendar days of being served the decision. Decisions issued under this section are not subject to the department's inmate appeal process under Article 8 of Chapter 1 of Division 3 of this title.(j) The time period specified in subsection (a) shall be extended as necessary to ensure all inmates referred to the board under subsection (e) of Section 3492 of Division 3 of this title are reviewed by the board by no later than March 31, 2020.Cal. Code Regs. Tit. 15, § 2449.4
1. New section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-18-2017 order, including amendment of section, transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
5. Amendment filed 9-10-2019 as an emergency; operative 9-10-2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3-26-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
7. Amendment of subsections (e) and (f) filed 2-28-2022; 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). Reference: Cal. Const., art. 1, sec. 32(a).
1. New section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-18-2017 order, including amendment of section, transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
5. Amendment filed 9-10-2019 as an emergency; operative 9/10/2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3/26/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
7. Amendment of subsections (e) and (f) filed 2-28-2022; operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).