1. (a) General. Prisoners serving both ISL and DSL terms shall have an ISL parole consideration hearing only if the board could set an ISL parole date that would result in a release earlier than the release date calculated under Penal Code Section 1170.2. If an ISL parole consideration hearing is required, it shall be held as provided in Section 2304.

2. (b) Concurrent ISL and DSL Terms. A prisoner serving concurrent ISL and DSL terms shall be scheduled for an ISL parole consideration hearing only if the minimum DSL release date on the ISL term is:

   1. (1) later than the DSL release date on the DSL term and
   2. (2) more than sixty days later than the MEPD on the ISL term.

3. (c) Consecutive ISL and DSL Terms. A prisoner serving consecutive ISL and DSL terms shall be scheduled for an ISL parole consideration hearing only if the minimum DSL release date on the combined ISL and DSL terms is:

   1. (1) later than the DSL release date on the DSL term considered alone (as if it were concurrent) and

   2. (2) more than 60 days later than the earliest eligible parole date computed by adding the MEPD on the ISL term and the minimum DSL on the DSL term standing alone.

      If a prisoner who was not scheduled for a hearing loses good time credit the earliest eligible release date, combined DSL release date and DSL release date on the DSL term shall be recalculated. The prisoner shall be scheduled for a hearing only if the requirements of (1) and (2) above are met. The hearing shall be held within two months of the loss of good time credit.

Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2, Penal Code.

History

1. New section filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).

2. Amendment of subsection (a) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).

3. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).