Cal. Code Regs. tit. 15 § 2308

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2308 - Hearings for Prisoners with Changes in Legal Status

Changes in legal status include: a final court decision altering the prisoner's commitment status, modification of the judgment or abstract of judgment, and new commitments.

(a) Before Initial Parole Hearing. If a prisoner's legal status changes before the initial parole hearing, the change in legal status shall be considered at the initial parole hearing as regularly scheduled or as would be scheduled considering the change in legal status.

(b) After Initial Parole Hearing. If a prisoner's legal status changes after the initial parole hearing, department staff shall immediately schedule the prisoner for a subsequent parole hearing.

(c) New Commitment. If a prisoner with a previously established parole date receives a new commitment to state prison the parole date shall be rescinded. No hearing or other board action is required. The department shall record the rescission of the parole date on the grounds that the prisoner has received a new commitment. The prisoner may appeal the rescission only on the grounds that he is not the person sentenced to state prison by the new judgment.

If the new commitment is for a life sentence, the prisoner shall be scheduled for a documentation hearing during the 36th month after commencement of the life term (§ 2269.1) and a parole consideration hearing during the 13th month prior to the new minimum eligible parole date (§ 2268(c)).

If the new commitment is for an indeterminate sentence, the prisoner shall be scheduled for a parole consideration hearing one month before the minimum eligible parole date for the new commitment offense or within 120 days if the M.E.P.D. is within 120 days of receipt of the new commitment (§ 2304).

If the new commitment is for a determinate term, the parole consideration hearing shall be conducted within 60 days of receipt of the new commitment unless no parole consideration hearing is required under § 2310.

Cal. Code Regs. Tit. 15, § 2308

1. New subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (c) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
3. Amendment of subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
4. Change without regulatory effect amending subsection (b) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).

Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.

1. New subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (c) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
3. Amendment of subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
4. Change without regulatory effect amending subsection (b) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).