Section 2442 - Youth Offender Determination Review by the Board(a) If an inmate is not eligible as a youth offender under section 2440 of this article as determined by the department's Correctional Case Records Services, and the inmate has exhausted his or her administrative remedies with the department under article 8 of chapter 1 of division 3 of this title challenging the determination, the inmate may submit a one-time request for review, in writing, to the board.(b) If an inmate has been deemed eligible as a youth offender by the department's Correctional Case Records Services but disagrees with the department's calculation of his or her YPED, and the inmate has exhausted his or her administrative remedies with the department under article 8 of chapter 1 of division 3 of this title challenging the calculation of the YPED, the inmate may submit a one-time request for review, in writing, to the board.(c) When submitting a request for review by the board of a youth offender determination, the inmate is encouraged to submit the following documents: (1) A brief explanation of the reason for requesting review;(2) A copy of the inmate's birth certificate if the inmate is challenging the date of birth used by the department's Correctional Case Records Services to disqualify the inmate as a youth offender; and(3) A copy of any relevant sentencing documents.(d) The Chief Counsel shall review the inmate's request and send a written response to the inmate no later than 60 calendar days after receipt of the request.(e) If the Chief Counsel determines that a change in youth offender status or YPED is warranted, the board shall issue a miscellaneous decision explaining the reasons for its determination. The board shall forward a copy of its decision to the department's Correctional Case Records Services.Cal. Code Regs. Tit. 2, § 2442
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).