Cal. Code Regs. tit. 15 § 3491

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

Section 3491 - Eligibility Review

(a) A determinately-sentenced nonviolent offender, as defined in subsections 3490(a) and 3490(b), shall be eligible for parole consideration by the Board of Parole Hearings under Article 15 of Chapter 3 of Division 2 of this title.

(b) Notwithstanding subsection (a), an incarcerated person is not eligible for parole consideration by the Board of Parole Hearings under Article 15 of Chapter 3 of Division 2 of this title if any of the following apply:

(1) The incarcerated person is an indeterminately-sentenced nonviolent offender as defined in section 3495, in which case they may be eligible for parole consideration under Article 2 of this subchapter; or

(2) Within one year of the date of the eligibility review, the incarcerated person will be eligible for a parole consideration hearing under Section 3051 or 3055 of the Penal Code or the incarcerated person has already been scheduled for an initial parole consideration hearing under Section 3051 or 3055 of the Penal Code.

(c) The department shall complete an eligibility review within 60 calendar days of an incarcerated person's admission to the department.

(d) The department shall conduct a new eligibility review whenever an official record, such as an amended abstract of judgment or minute order, is received that affects the incarcerated person's eligibility under this article, when an incarcerated person begins serving a determinate term for an in-prison offense that is not a violent felony, or when an incarcerated person is within one year of being eligible for a parole consideration hearing under Section 3051 or 3055 of the Penal Code.

(e) The department shall conduct an eligibility review by completing the following steps.

(1) The department shall determine if the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b) of this section.

(2) If the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b), the department shall identify the incarcerated person's primary offense, as defined in subsection 3490(d) of this article.

(A) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed prior to their arrival to prison, the terms for any in-prison crimes shall not be considered when identifying the incarcerated person's primary offense.

(B) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed after their arrival to prison, only the terms for all in-prison crimes currently being served or yet to be served shall be considered when identifying the incarcerated person's primary offense.

(3) If the incarcerated person is eligible for parole consideration by the Board of Parole Hearings under subsections (a) and (b), the department shall establish the incarcerated person's nonviolent parole eligible date, as defined in subsection 3490(f) of this article.

(f) Eligibility reviews under this section shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed.

(g) Eligibility reviews under this section are subject to the department's administrative remedies procedures in accordance with section 3480, et seq.

Cal. Code Regs. Tit. 15, § 3491

Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Section 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a); and In re Gadlin (2020) 10 Cal.5th 915.

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 heading and 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 of subsection (b)(1) 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.
6. Amendment of subsection (b)(1) 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.
7. 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).
8. Amendment of subsection (g) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
9. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (g) refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (b)(1)-(2) and repealer of subsection (b)(3) filed 4-29-2021 as an emergency; operative 4/29/2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-6-2021 or emergency language will be repealed by operation of law on the following day.
12. Editorial correction of History 11 (Register 2021, No. 36).
13. Amendment of subsection (g) refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
15. Certificate of Compliance as to 4-29-2021 order, including amendment of subsections (e)(2)(A)-(e)(3) and amendment of Note, transmitted to OAL 1-13-2022 and filed 2-28-2022; amendments operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).
16. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).