1. (a) Following a parole consideration hearing resulting in a denial of parole under paragraph (3) of subdivision (b) of Penal Code section 3041.5 or a stipulation of unsuitability under section 2253(c) of article 3 of chapter 3, the inmate or the inmate's attorney of record may file a written petition requesting that the board advance the date of the inmate's next parole consideration hearing. The inmate or the inmate's attorney of record may file a subsequent written petition once every three years from the date of the board's previous review on the merits issued under section 2156.

2. (b) To file a written petition to advance the date of the inmate's next parole consideration hearing, the inmate or inmate's attorney of record shall send to the board a completed Petition to Advance Hearing Date Form or a written request that includes the following:

   1. (1) Inmate's name;
   2. (2) CDCR number;
   3. (3) Institution at which the inmate is housed;
   4. (4) A change in circumstances or new information since the date of the inmate's most recent hearing resulting in a denial or stipulation of unsuitability;
   5. (5) How the change in circumstances or new information establishes a reasonable likelihood that consideration of the public safety does not require that the inmate remain incarcerated until the date of his or her next parole consideration hearing; and
   6. (6) Inmate's signature and date of signature.

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.5, Penal Code; and In re Vicks (2013) 56 Cal.4th 274.

History

1. New chapter 2.5 (articles 1-4, sections 2150-2157), article 1 (sections 2150-2151) and section filed 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency language will be repealed by operation of law on the following day.

2. New chapter 2.5 (articles 1-4, section 2150-2157), article 1 (sections 2150-2151) and section, including amendment of subsection (b), refiled 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-22-2019 order transmitted to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35).