Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.

History

1. New section 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section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-7-2011 order, including amendment of subsection (c)(2), transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).

3. Amendment of subsection (c)(2) filed 6-2-2014; operative 6-2-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 23).

4. 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.

5. 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 A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.

6. 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 A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.

7. Change without regulatory effect amending first paragraph and subsection (a), repealing subsection (g)(2) and amending subsections (h) and (j) filed 4-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 14). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)

8. 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.

9. 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).

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

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

12. Repealer 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.

13. Repealer 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.

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