1. (a) Incarcerated persons determined to be eligible for a parole consideration hearing under Section 3496 shall be referred to the Board of Parole Hearings at least 180 calendar days prior to their nonviolent parole eligible date unless they have previously been scheduled for a parole consideration hearing under any other provision of law or will be eligible for a parole consideration hearing under any other provision of law within the next 12 months.
2. (b) Incarcerated persons who are eligible for referral under this section shall be referred to the Board of Parole Hearings for a parole consideration hearing under Article 16 of Chapter 3 of Division 2 of this title.
3. (c) Referral results shall be served on the incarcerated person and placed in the incarcerated person's central file within 15 business days of being completed and, if the incarcerated person is deemed eligible for referral to the Board of Parole Hearings, they shall be provided information about the parole consideration hearing process.
4. (d) Referral results under this section are subject to the Department's incarcerated person appeal process in accordance with Article 8 of Chapter 1 of this Division.
5. (e) Indeterminately-sentenced nonviolent offenders who became eligible for an initial parole consideration as a result of the California Supreme Court's decision in In re Gadlin (2020) 10 Cal.5th 915, shall be referred to the Board of Parole Hearings for parole consideration by July 1, 2021, unless they have previously been scheduled for a parole consideration hearing under any other provision of law or will be eligible for a parole consideration hearing under any other provision of law within 12 months.

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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.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. New subsection (e) and amendment of Note 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 transmitted to OAL 1-13-2022 and filed 2-28-2022 (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).