Section 3498.2 - Youth Offender Determinations(a) The department's Correctional Case Records Services determines whether an incarcerated person qualifies as a youth offender as defined in section 3498.1 of this article, and calculates Youth Parole Eligible Dates (YPED) for all incarcerated persons who qualify as youth offenders. For purposes of this article, both determinations are referred to as "youth offender determinations."(b) A YPED is the earliest date on which a youth offender is eligible for a youth offender parole consideration hearing under Penal Code section 3051, subsection (b). A youth offender's YPED is set according to the following criteria: (1) If the controlling offense is a determinate term of any length, the YPED is the first day after the youth offender has completed 14 continuous years of incarceration;(2) If the controlling offense is an indeterminate term of less than 25 years to life, the YPED is the first day after the youth offender has completed 19 continuous years of incarceration;(3) If the controlling offense is an indeterminate term of 25 years or more to life, the YPED is the first day after the youth offender has completed 24 continuous years of incarceration; or(4) If the controlling offense is a term of life without the possibility of parole for a crime committed prior to reaching the age of 18, the YPED is the first day after the youth offender has completed 24 continuous years of incarceration.(c) For purposes of subsection (b) of this section, "incarceration" means detention in any city or county jail, local juvenile facility, mental health facility, Division of Juvenile Justice facility, department facility, or facility designated by the Secretary, California Department of Corrections and Rehabilitation, pursuant to Penal Code section 2900.(d) Youth offender determinations are subject to the department's Incarcerated Person Appeal Process under Article 1 of subchapter 5.1 of Chapter 1 of Division 3 of this title.Cal. Code Regs. Tit. 15, § 3498.2
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1213, 2900, 2900.5, 2901, 3051 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1213, 2900, 2900.5, 2901, 3051 and 5054, Penal Code.
1. New section filed 12-13-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-24-2022 as an emergency; operative 6/11/2022 (Register 2022, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-9-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-24-2022 order transmitted to OAL 8-31-2022 and filed 10/13/2022 (Register 2022, No. 41).
4. Change without regulatory effect amending subsections (a) and (d) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).