Cal. Code Regs. tit. 15 § 2449.32 : Crime Prevention and Corrections — Board of Parole Hearings — Parole Release — Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders — Parole Consideration Hearings

(a) An indeterminately-sentenced nonviolent offender shall be scheduled for an initial parole consideration hearing as follows:

(1) If, as of the date of their referral to the board under Section 3497 of Division 3 of this title, the inmate's nonviolent parole eligible date was at least 180 calendar days in the future, the inmate shall be scheduled for an initial parole consideration hearing within 60 calendar days following their nonviolent parole eligible date.

(2) If, as of the date of their referral to the board under Section 3497 of Division 3 of this title, the inmate's nonviolent parole eligible date was less than 180 calendar days in the future or it was in the past, the inmate shall be scheduled for an initial parole consideration hearing within one year from the date of their referral to the board.

(b) Notwithstanding subsection (a) the board shall, by no later than December 31, 2021, schedule all parole consideration hearings for indeterminately-sentenced nonviolent offenders who are eligible for an initial parole consideration hearing on or before December 31, 2021, as a result of this article. Indeterminately-sentenced nonviolent offenders who, as of January 1, 2019, have been incarcerated for 20 years or more and who are within five years of their Minimum Eligible Parole Date shall be scheduled for an initial parole consideration hearing on or before December 31, 2020.

(c) Notwithstanding other provisions of law, the board shall, by no later than December 31, 2022, schedule all parole consideration hearings for indeterminately-sentenced nonviolent offenders who became eligible for an initial parole consideration hearing 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 December 31, 2022. Indeterminately-sentenced nonviolent offenders who became eligible for an initial parole consideration hearing as a result of the California Supreme Court's decision in In re Gadlin (2020) 10 Cal.5th 915, and who, as of April 1, 2021, have been continuously incarcerated for 20 years or more and are within five years of their Minimum Eligible Parole Date, shall be scheduled for an initial parole consideration hearing on or before July 1, 2022.

(d) Hearing panels shall conduct parole consideration hearings for indeterminately-sentenced nonviolent offenders in compliance with the requirements for initial and subsequent parole consideration hearings described in this Division, Penal Code sections 3040, et seq., and applicable case law.

(e) If a hearing panel finds an indeterminately-sentenced nonviolent offender suitable for parole, and the parole grant is not vacated or rescinded, the inmate shall be released subject to all applicable review periods required by sections 3041, 3041.1, and 3041.2 of the Penal Code, notwithstanding their minimum eligible parole date or any additional terms imposed for in-prison offenses.

(f) If a hearing panel finds an indeterminately-sentenced nonviolent offender unsuitable for parole, the panel shall impose a denial period in accordance with paragraph (3) of subdivision (b) of section 3041.5 of the Penal Code. The inmate's next hearing date may be advanced under paragraph (4) of subdivision (b) or paragraph (1) of subdivision (d) of section 3041.5 of the Penal Code.

Cal. Code Regs. Tit. 15, § 2449.32

Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a); Sections 3041, 3041.1, 3041.2 and 3041.5, Penal Code; and In re Gadlin (2020) 10 Cal.5th 915.

1. New section filed 12-26-2018 as an emergency; operative 1/1/2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-6-2019 as an emergency; operative 6/11/2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendment of section and new Note, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
4. New subsection (c), subsection relettering, nonsubstantive amendment of newly designated subsections (d)-(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.
5. Editorial correction of History 4 (Register 2021, No. 36).
6. Certificate of Compliance as to 4-29-2021 order, including amendment of subsections (a)(1)-(2), transmitted to OAL 1-13-2022 and filed 2-28-2022; amendments operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).