1. (a) An “indeterminately-sentenced nonviolent offender,” as defined in subsection 3495(a), shall be eligible for a parole consideration hearing by the Board of Parole Hearings under Article 16 of Chapter 3 of Division 2 of this title.
2. (b) The Department shall complete an eligibility review within 60 calendar days of an incarcerated person's admission to the Department.
3. (c) The Department shall conduct a new eligibility review whenever an official record, such as an amended abstract of judgment or minute order, is received that affects the incarcerated person's eligibility under this article or when an incarcerated person begins serving a term for one or more in-prison offenses of which at least one is an indeterminate term and none is for a “violent felony.”

4. (d) The Department shall conduct an eligibility review by completing the following steps:

   1. (1) The Department shall determine if the incarcerated person is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a) of this section.

   2. (2) If the incarcerated person is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a), the Department shall identify the incarcerated person's primary offense, as defined in subsection 3495(d) of this article.

      1. (A) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed prior to their arrival to prison that are not a violent felony, the terms for any in-prison crimes that are not a violent felony shall be considered when identifying the incarcerated person's primary offense.
      2. (B) If at the time of the eligibility review the incarcerated person is serving a term or terms for crimes committed after their arrival to prison that are not a violent felony, only the terms for all in-prison crimes that are not a violent felony currently being served or yet to be served shall be considered when identifying the incarcerated person's primary offense.
   3. (3) If the incarcerated person is eligible for a parole consideration hearing by the Board of Parole Hearings under subsection (a), the Department shall establish the incarcerated person's nonviolent parole eligible date, as defined in subsection 3495(f) of this article.
5. (e) Eligibility reviews under this section shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed.
6. (f) Eligibility reviews under this section are subject to the Department's incarcerated person appeal process in accordance with Article 8 of Chapter 1 of this Division.

Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Section 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a); and In re Gadlin (2020) 10 Cal.5th 915.

History

1. New section filed 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-6-2019 as an emergency; operative 6-11-2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).

4. Repealer of subsection (b), subsection relettering and amendment of newly designated subsections (d)(1)-(2) and (d)(3) filed 4-29-2021 as an emergency; operative 4-29-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-4-2022 or emergency language will be repealed by operation of law on the following day.

5. Editorial correction of History 4 (Register 2021, No. 36).

6. Certificate of Compliance as to 4-29-2021 order, including amendment of subsections (d)(2)(A)-(d)(3) and amendment of Note, transmitted to OAL 1-13-2022 and filed 2-28-2022; amendments operative 2-28-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).

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