1. (a) Recommendation pursuant to subdivision (a)(1) of Section 1172.1 of the Penal Code.

   1. (1) No more than 10 business days after the Office of Victim and Survivor Rights and Services has been notified of a referral by the Department to the sentencing court pursuant to subdivision (a)(1) of Section 1172.1 of the Penal Code, based on exceptional conduct as described in subsection 3076.1(a)(1) or a law enforcement, prosecutorial, or judicial referral as described in subsection 3076.2, that office shall notify all victims registered with the Department pursuant to subdivision (b) of Section 679.03 of the Penal Code of the Department's action.
   2. (2) No more than 10 business days after the Office of Victim and Survivor Rights and Services has been notified that the sentencing court has scheduled a hearing on a referral pursuant to subdivision (a)(1) of Section 1172.1 of the Penal Code, based on the substantial likelihood of a sentencing discrepancy as described in subsection 3076.1(a)(2) or a change in sentencing law as described in subsection 3076.1(a)(3), that office shall notify all victims registered with the Department pursuant to subdivision (b) of Section 679.03 of the Penal Code of the Department's action.
2. (b) All notifications made pursuant to this section shall include the name and the address of the court that will consider the recall of the incarcerated person's commitment.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 679.03, 1172.1, 2085.5, 3003, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3053.2, 3058.8, 3605, 5054 and 5065.5, Penal Code.

History

1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).

3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).

5. Renumbering of former section 3076.3 to section 3076.5 and new section 3076.3 filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).

7. Amendment of subsection (c) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).

9. Repealer and new section heading filed 12-10-2019 as an emergency; operative 1-1-2020 (Register 2019, No. 50). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.

10. Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.

11. Repealer and new section heading refiled 10-5-2020 as an emergency; operative 10-10-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.

12. Repealer and new section heading refiled 5-6-2021 as an emergency; operative 5-11-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be repealed by operation of law on the following day.

13. Reinstatement of section as it existed prior to 5-6-2021 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 3).

14. Amendment of section heading filed 8-11-2022; operative 10-1-2022 (Register 2022, No. 32).

15. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

16. Repealer of former section 3076.3, renumbering of section 3076.5 to section 3076.3, including amendment of section and Note, filed 3-3-2025 as an emergency; operative 3-3-2025 (Register 2025, No. 10). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 8-11-2025 or emergency language will be repealed by operation of law on the following day.

17. Repealer of former section 3076.3, renumbering of section 3076.5 to section 3076.3, including amendment of section and Note, refiled 6-5-2025 as an emergency; operative 8-11-2025 (Register 2025, No. 23). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 11-8-2025 or emergency language will be repealed by operation of law on the following day.

18. Certificate of Compliance as to 6-5-2025 order transmitted to OAL 9-12-2025 and filed 10-24-2025 (Register 2025, No. 43).