Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 2441 - Youth Offender Determinations(a) The department's Correctional Case Records Services determines whether an inmate qualifies as a youth offender as defined in section 2440 of this article, and calculates Youth Parole Eligible Dates (YPED) for all inmates 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 hearing under Penal Code section 3051, subdivision (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 subdivision (b) of this section, "incarceration" means detention in any city or county jail, local juvenile facility, mental health facility, Division of Juvenile Justice facility, or department facility.(d) Youth offender determinations are subject to the department's Inmate Appeal Process under article 8 of chapter 1 of division 3 of this title and may be reviewed by the board under section 2442 of this article.Cal. Code Regs. Tit. 2, § 2441
Note: Authority cited: Section 12838.4, Government Code; and Sections 3051(e), 3052 and 5076.2, Penal Code. Reference: Section 3051, Penal Code.
1. New section filed 2-24-2003; operative 2-24-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Repealer filed 12-5-2018; operative 4/1/2019 (Register 2018, No. 49).
1. New section filed 11-20-2019; operative 1/1/2020 (Register 2019, No. 47).