Section 2449.33 - Vacating a Jurisdictional Review Decision(a) If at any time prior to release an inmate is subsequently determined to be ineligible for a parole consideration hearing under Section 3496 of Division 3 of this title, the Chief Hearing Officer or an associate chief deputy commissioner shall: (1) Issue a written decision vacating the previous jurisdictional decision issued under Section 2449.31 that includes a statement of reasons supporting the new decision; and(2) Vacate all parole decisions resulting from any initial or subsequent parole consideration hearings scheduled under Section 2449.32, except as provided in subsection(b). The provisions of paragraph (3) of subdivision (b) of Section 3041 of the Penal Code shall not apply to parole decisions vacated pursuant to this subsection.(b) A parole decision shall not be vacated under Paragraph (2) of subsection (a) if one of the following is true: (1) The inmate is currently eligible for a parole consideration hearing under any other provision of law; or(2) The inmate will within 18 months be eligible for a parole consideration hearing under any other provision of law.(c) If at any time prior to an inmate's initial parole consideration hearing under Section 2449.32, it is subsequently determined the inmate did not meet the criteria for referral to the board under Subsection 3497 of Division 3 of this title at the time of the board's jurisdictional review under Section 2449.31, the Chief Hearing Officer or an associate chief deputy commissioner shall issue a written decision vacating the previous jurisdictional decision issued under Section 2449.31 that includes a statement of reasons supporting the new decision. Any initial parole consideration hearing scheduled for the inmate under Section 2449.32 shall be cancelled unless, on the date of the scheduled hearing, the inmate will be eligible for a parole consideration hearing under any other provision of law.(d) Within 15 business days of issuing a decision under subsection (a) or (c), a copy of the decision shall be served on the inmate and placed in the inmate's central file. The board shall, within five business days of issuing a decision under subsection (a), send notice of the decision to any victim or prosecuting agency, if any, who received notice of the scheduled parole consideration hearing.(e) Inmates may request review of a decision issued under this section by writing the board as provided in Section 2449.34 within 30 calendar days of being served the decision. Decisions 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.Cal. Code Regs. Tit. 15, § 2449.33
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). Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a).
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).