Section 2449.43 - Elderly Inmate Factors(a) Age. Consideration of an elderly inmate's age includes the following: (1) Cognitive decline and its impact on an elderly inmate's ability to process information, convert thought to action, the ability to learn, the ability to plan, recall or reorganize information, organize information, control impulses, execute a task, incorporate feedback, alter a strategy, sustain complex attention, or to calm down when emotionally aroused; and(2) Physiological changes that decrease the motivation to commit crime or be violent.(b) Time Served. The impact of long-term confinement of elderly inmates includes consideration of the following:(1) Reduced criminal propensity;(2) Alteration of attitudes and beliefs over time;(3) Evidence of prosocial routines;(4) Social conformity; and(5) Detachment from crime-producing environments and peers.(c) Diminished Physical Condition. The diminished physical condition of elderly inmates includes consideration of the following:(1) The capability of an inmate to physically commit crimes and violence;(2) Chronic or terminal illness;(3) Evidence of sensory impairment due to visual, hearing or speech impairment;(4) Inability to ambulate or difficulty in ambulating without an ambulation assistive device;(6) Diminished mental capacity;(7) Assistance with daily living activities that includes but is not limited to, feeding, bathing, dressing, grooming, work, homemaking, or communication;(8) Permanent incapacitation due to medical, physical, or mental health condition, or any other condition that results in permanent incapacitation; and(9) Other evidence of diminished physical condition.Cal. Code Regs. Tit. 15, § 2449.43
1. New section filed 7-28-2022; operative 10-1-2022 (Register 2022, No. 30). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052, 3055 and 5076.2, Penal Code. Reference: Section 3055, Penal Code.
1. New section filed 7-28-2022; operative 10/1/2022 (Register 2022, No. 30).