§ 3496. Eligibility Review.
15 CA ADC § 3496Barclays Official California Code of RegulationsEffective: February 28, 2022
Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs (Refs & Annos)
Subchapter 5.5. Parole Consideration
Article 2. Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders
Effective: February 28, 2022
15 CCR § 3496
§ 3496. Eligibility Review.
(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 inmate's eligibility under this article or when an inmate 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.”
(B) If at the time of the eligibility review the inmate 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 inmate's primary offense.
Credits
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.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).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3496, 15 CA ADC § 3496
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