1. (a) New Commitment. If the prosecution terminates in a sentence to state prison prior to the scheduled rescission hearing, the rescission hearing shall be cancelled, and the prisoner shall be scheduled for a parole hearing as provided in § 2308(c).

   If the prosecution terminates in a sentence to state prison after a rescission hearing, the action at the rescission hearing shall be vacated, and the prisoner shall be scheduled for a parole hearing as provided in § 2308(c).

2. (b) Definitions.

   1. (1) Days. Time must be computed in calendar days. If a due date falls on a weekend or holiday, the due date will be the next working day.

   2. (2) Termination of Criminal Prosecution. Criminal prosecution shall be considered terminated when any one or more of the following occur:

      1. (A) The prisoner has been sentenced.
      2. (B) The criminal charges are dismissed for any reason.
      3. (C) The prisoner has been acquitted.
      4. (D) The prisoner has been granted immunity from further prosecution.
      5. (E) The prisoner is diverted under Penal Code section 1000.
      6. (F) The prisoner is committed to the Department for diagnosis under Penal Code section 1203.03.
      7. (G) The parolee is committed to CRC.
   3. (3) Sentence. A sentence means a fine, a jail sentence, a prison sentence, a probationary sentence (regardless of whether judgment was entered) or any commitment to any agency for diagnosis or treatment (including a temporary commitment to the Department of Health).

The time limits specified in this section are directory, and failure to meet the time limits does not deprive the Board of jurisdiction to hold the hearing. Department staff shall schedule rescission hearings as follows:

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

History

1. Amendment of subsection (c)(2) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).

2. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).

3. Amendment of subsection (c) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).

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

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