Cal. Code Regs. tit. 15 § 3492

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

Section 3492 - Eligibility Review and Referral to the Board of Parole Hearings

(a) Eligible determinately-sentenced nonviolent offenders under Section 3491 shall be referred to the Board of Parole Hearings for parole consideration at least 35 calendar days prior to their nonviolent parole eligible date unless their nonviolent parole eligible date falls less than 180 calendar days prior to their earliest possible release date or they will reach their earliest possible release date in less than 210 calendar days.

(b) A review for possible referral to the Board under subsection (a) shall be conducted again one year from the date of the incarcerated person's previous review for referral until the incarcerated person is released from custody or is no longer eligible for parole consideration under Section 3491.

(c) Referral results under subsection (a) shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed and, if the incarcerated person is referred to the Board of Parole Hearings, the incarcerated person shall be provided information about the nonviolent offender parole process, including the opportunity to submit a written statement to the Board of Parole Hearings.

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

(e) Incarcerated persons who were ineligible for referral to the Board of Parole Hearings under the former public safety screening criteria shall be reviewed again under subsection (a), unless they are no longer eligible for parole consideration under Section 3491 or have been released.

(f) Determinately-sentenced nonviolent offenders who became eligible for parole consideration as a result of the California Supreme Court's decision in In re Gadlin (2020) 10 Cal.5th 915, and whose nonviolent parole eligible date is on or before July 1, 2021, shall be referred to the Board of Parole Hearings for parole consideration by July 1, 2021. This subsection shall not apply to determinately-sentenced nonviolent offenders whose earliest possible release date is on or before November 1, 2021.

Cal. Code Regs. Tit. 15, § 3492

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, 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 section heading and section filed 9-10-2019 as an emergency; operative 9/10/2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3/26/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
7. Amendment of subsection (d) 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.
8. 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.
9. Amendment of subsection (d) refiled 2-25-2021 as an emergency, with additional amendment of subsection (d); 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.
10. New subsection (f) and amendment of Note 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.
11. Editorial correction of History 10 (Register 2021, No. 36).
12. Amendment of subsection (d) refiled 10-4-2021 as an emergency, with additional amendment of subsection (d); 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.
13. Certificate of Compliance as to 10-4-2021 order, including further amendment of subsection (d), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
14. Certificate of Compliance as to 4-29-2021 order transmitted to OAL 1-13-2022 and filed 2/28/2022 (Register 2022, No. 9).
15. Change without regulatory effect amending subsections (b)-(c) and (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).