Cal. Code Regs. tit. 15 § 2440 : Crime Prevention and Corrections — Board of Parole Hearings — Parole Release — Parole Consideration Hearings for Youth Offenders — Youth Offender Defined

(a) A youth offender is an inmate who meets all of the following criteria:

(1) The inmate was convicted of a controlling offense that was committed before he or she attained 26 years of age;

(2) The inmate was sentenced to a determinate term or a term of life with the possibility of parole for his or her controlling offense; and

(3) The inmate is currently incarcerated for the controlling offense or group of offenses that includes the controlling offense.

(b) Notwithstanding (a), a youth offender is also an inmate who meets all of the following criteria:

(1) The inmate was convicted of a controlling offense that was committed before he or she attained 18 years of age;

(2) The inmate was sentenced to a term of life without the possibility of parole for his or her controlling offense; and

(3) The inmate is currently incarcerated for his or her controlling offense or group of offenses that includes the controlling offense.

(c) For purposes of determining whether an inmate qualifies as a youth offender, the "controlling offense" is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment.

(d) Notwithstanding subdivisions (a) and (b), inmates who meet one or more of the following criteria are excluded from the definition of a youth offender:

(1) The inmate is sentenced to death;

(2) The inmate is sentenced to a term of life without the possibility of parole for an offense committed after he or she attained 18 years of age;

(3) The inmate was sentenced on the controlling offense for a prior felony conviction under Penal Code section 1170.12 or 667, subdivisions (b) through (i);

(4) The inmate was sentenced on the controlling offense for a one-strike sex offense under Penal Code section 667.61;

(5) The inmate was convicted of any offense after attaining 26 years of age for which "malice aforethought" is a necessary element of the offense; or

(6) The inmate, after attaining 26 years of age, committed an additional crime for which the inmate is sentenced to a term of life in prison.

(e) If two or more crimes or enhancements carry identical sentence lengths and are the inmate's longest terms of imprisonment, the controlling offense shall be determined as follows:

(1) If none of the sentences were imposed under Penal Code section 1170.12, section 667, subdivisions (b) through (i), or section 667.61, the controlling offense is whichever offense the inmate committed first in time.

(2) If one sentence was imposed under Penal Code section 1170.12, section 667, subdivisions (b) through (i), or section 667.61, the controlling offense is that offense.

(f) If a sentence is imposed on a crime under Penal Code sections 1170.12, section 667, subdivisions (b) through (i), or section 667.61, but the crime is not the controlling offense, the inmate is a youth offender notwithstanding subdivision (d) of this section.

Cal. Code Regs. Tit. 15, § 2440

Note: Authority cited: Section 12838.4, Government Code; and Sections 3051(e), 3052 and 5076.2, Penal Code. Reference: Sections 667, 667.61, 1170.12, 3051(a) and 3051(h), Penal Code.

1. New article 14 (sections 2440-2446 ) and section filed 11-20-2019; operative 1/1/2020 (Register 2019, No. 47).