Section 2275 - Parole Reconsideration Hearings(a) General. Penal Code section 3000.08(h) provides that, following a lawful determination that the person has committed a violation of law or violated his or her conditions of parole, persons on parole for specified crimes shall be remanded to the custody of the department and remanded to the jurisdiction of the board for future parole reconsideration. Parolees who are subject to remand upon a lawful determination are specified as follows: (i) parolees convicted of crimes listed in Penal Code section 3000(b)(4) where the crime was committed on or after September 9, 2010;(ii) parolees convicted of crimes listed in Penal Code section 3000.1(a)(1) where the crime was committed on or after January 1, 1983; and(iii) parolees convicted of crimes listed in Penal Code section 3000.1(a)(2) where the crime was committed on or after September 9, 2010. These hearings are collectively referred to as Parole Reconsideration hearings.(b) Lawful Determination. Parole violation charges are adjudicated by the court in accordance with Penal Code section 1203.2, or by another lawful authority for multijurisdiction parolees. Upon the lawful determination that a parolee has committed a violation of law or violated a condition of parole, the matter is remanded to the board for a Parole Reconsideration initial hearing.(c) Parole Reconsideration initial hearings. A Parole Reconsideration initial hearing shall be held by the board on the next available calendar, but no later than 12 months following a lawful determination that a parolee has committed a violation of law or violation of condition of parole. At a Parole Reconsideration initial hearing, the board shall not retry the evidentiary findings of the court or other lawful authority and shall grant parole unless it determines that the circumstances and gravity of the violation of law or violation of condition of parole, in the context of the parolee's history and all relevant suitability factors, are such that consideration of the public safety requires a more lengthy period of incarceration.(d) Parole Reconsideration annual hearings. Within one year of a Parole Reconsideration initial hearing, parolees who do not receive a grant of parole and who are not otherwise ineligible for a Parole Reconsideration hearing shall receive a Parole Reconsideration annual hearing. At a Parole Reconsideration annual hearing, the board shall grant parole in accordance with Penal Code section 3041 and sections 2281 and 2402 of these regulations, as applicable. A parolee who has not received a grant of parole and who is not otherwise ineligible for release shall continue to receive Parole Reconsideration annual hearings each year until the board grants parole.(e) Ineligible for a Parole Reconsideration Hearing. For purposes of this section, a parolee is ineligible for a Parole Reconsideration hearing if the parolee is serving a separate indeterminate term, or until the parolee reaches one year prior to his or her earliest possible release date (as calculated by the department) while serving a separate determinate term, or the parolee is incarcerated under other similar circumstances.(f) Ineligible for Release. Despite a grant of parole at a Parole Reconsideration hearing, the parolee may continue to be incarcerated if serving a separate sentence or if subject to the jurisdiction of another authority.(g) Notice. Prior to any Parole Reconsideration hearing, notices shall be sent pursuant to Penal Code sections 3041.7 and 3043 to parties related to the life crime, or related to other crimes for which the parolee has been convicted as defined in Penal Code section 3043(a). No notices are required pursuant to Penal Code section 3042.(h) Hearing Rights. At Parole Reconsideration hearings, the parolee shall be provided all hearing rights in accordance with Penal Code section 3041.5, with the exception of subdivisions (b)(3) and (d), and shall be provided all hearing rights in accordance with Penal Code section 3041.7, and sections 2245 through 2256, or section 2367 for multijurisdiction parolees, of these regulations, as applicable.(i) Hearing Panel. Parole Reconsideration hearings shall be heard by a two- or three-person panel composed of commissioners or deputy commissioners, of which no more than one may be a deputy commissioner. En banc referrals shall be conducted in accordance with Penal Code section 3041.(j) Review of Decision. Proposed decisions at Parole Reconsideration hearings are subject to decision review by the Chief Counsel pursuant to subdivision (h) of section 2041 of these regulations or by the full board en banc pursuant to section 2044 of these regulations. Decisions are subject to the Governor's review pursuant to Penal Code sections 3041.1 or 3041.2, as applicable.(k) Parole Discharge. A lawful determination that a parolee has committed a violation of law or violation of condition of parole shall be considered an interruption in parole for purposes of Penal Code sections 3000(b)(4), 3000.1(b), and 3001.Cal. Code Regs. Tit. 15, § 2275
1. New section filed 10-6-2006 as an emergency; operative 10-6-2006 (Register 2006, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-5-2007 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2007, No. 41).
3. New section filed 1-17-2008 as an emergency; operative 1-17-2008 (Register 2008, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-17-2008 order transmitted to OAL 5-14-2008 and filed 6-23-2008 (Register 2008, No. 26).
5. Amendment of section heading, section and NOTE filed 5-26-2015; operative 7-1-2015 (Register 2015, No. 22). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 1203.2, 3000(b)(4), 3000.08(h), 3000.08(j), 3000.1, 3001, 3041, 3041.1, 3041.2, 3041.7 and 3043, Penal Code.
1. New section filed 10-6-2006 as an emergency; operative 10-6-2006 (Register 2006, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-5-2007 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2007, No. 41).
3. New section filed 1-17-2008 as an emergency; operative 1-17-2008 (Register 2008, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-17-2008 order transmitted to OAL 5-14-2008 and filed 6-23-2008 (Register 2008, No. 26).
5. Amendment of section heading, section and Note filed 5-26-2015; operative 7/1/2015 (Register 2015, No. 22).