1. (a) Reporting. Department staff shall report to the Board at the central office calendar any life, non-life 1168 or ISL prisoner who must be reported under § 2451.

2. (b) Time of Report. All cases shall be reported to the Board prior to the prisoner's scheduled release date.

   1. (1) 60 days before the prisoner's parole date;
   2. (2) Within 15 days of the date upon which the District Attorney notifies the Department that the county will not prosecute the case;
   3. (3) Within 15 days of the date of the criminal prosecution. These time limits are directory only, and the Board may hold a rescission hearing if these time limits are not met in a particular case.

   If the case has not been referred to the District Attorney for prosecution, the case shall be reported to the Board within 15 days of the conduct or the discovery of information leading to disciplinary charges.

   If the case has been referred to the District Attorney for prosecution, the case should be reported to the Board on the earliest of the following dates:

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.

History

1. Amendment of subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).

2. Repealer of subsections (c) and (d) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).

3. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).