Section 2445 - Youth Offender Parole Hearings(a) A panel shall conduct a youth offender parole hearing in compliance with the requirements for initial and subsequent parole consideration hearings described in this chapter and Penal Code sections 3040, 3041, 3041.5, 3041.7, 3042, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3043.5, 3043.6, 3044, 3046, 3051, 3051.1, and 3055.(b) In considering a youth offender's suitability for parole, the hearing panel shall give great weight to the youth offender factors described in section 2446 of this article: (1) the diminished culpability of youth as compared to adults; (2) the hallmark features of youth; and(3) any subsequent growth and increased maturity of the inmate.(c) The panel shall review and consider written submissions that provide information about the youth offender at the time of his or her controlling offense, or the youth offender's growth and maturity while incarcerated, from a youth offender's family members, friends, school personnel, faith leaders, or representatives from community-based organizations.(d) A hearing panel shall find a youth offender suitable for parole unless the panel determines, even after giving great weight to the youth offender factors, that the youth offender remains a current, unreasonable risk to public safety. If a hearing panel finds a youth offender unsuitable for parole, the hearing panel shall articulate in its decision the youth offender factors present and how such factors are outweighed by relevant and reliable evidence that the youth offender remains a current, unreasonable risk to public safety.(e) If a hearing panel finds a youth offender unsuitable for parole, the panel shall impose a denial period in accordance with Penal Code section 3041.5, subdivision (b), paragraph (3).(f) Nothing in this article is intended to alter the rights of victims at parole consideration hearings, including youth offender parole hearings.Cal. Code Regs. Tit. 2, § 2445
Note: Authority cited: Section 12838.4, Government Code; and Sections 3051(e), 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3051 and 4801(c), Penal Code; and In re Lawrence (2008) 44 Cal.4th 1181, 1214.
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).