§ 2449.5. Factors to Consider During a Review on the Merits.
15 CA ADC § 2449.5Barclays Official California Code of RegulationsEffective: February 28, 2022
Effective: February 28, 2022
15 CCR § 2449.5
§ 2449.5. Factors to Consider During a Review on the Merits.
(a) When conducting a review on the merits under section 2449.4, the hearing officer shall weigh the factors in subsections (b) through (h) and, based on the totality of the circumstances, determine if the inmate poses a current, unreasonable risk of violence or a current, unreasonable risk of significant criminal activity. The inmate shall be approved for release if factors aggravating the inmate's risk do not exist or if they are outweighed by factors mitigating the inmate's risk. When weighing the factors aggravating and mitigating the inmate's risk, the hearing officer shall take into account the relevance of the information based on the passage of time, the inmate's age, and the inmate's physical and cognitive limitations. The factors are set forth as general guidelines; the importance attached to any factor or combination of factors in a particular case is left to the judgment of the hearing officer.
(1) The inmate has been found guilty of institutional Rules Violation Reports resulting in physical injury or threat of physical injury since their last admission to prison or has one or more recent institutional Rules Violation Reports, as classified by the department as serious, as specified in subdivision (a) of section 3315 of article 5 of subchapter 4 of chapter 1 of Division 3 of this title.
(1) The inmate has not been found guilty of institutional Rules Violation Reports resulting in physical injury or threat of physical injury since their last admission to prison and does not have recent institutional Rules Violation Reports, as classified by the department as serious, as specified in subdivision (a) of section 3315 of article 5 of subchapter 4 of chapter 1 of Division 3 of this title.
(h) Written statements submitted by the inmate, written statements concerning the inmate's commitment offense and criminal history from the prosecuting agency or agencies that received notice under section 2449.3, and written statements from any victims who received notice under section 2449.3 shall be considered.
Credits
Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a).
History
1. New section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-18-2017 order, including amendment of section heading and repealer and new section, transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
5. Amendment of subsection (f)(1) filed 9-10-2019 as an emergency; operative 9-10-2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3-26-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
7. Amendment of subsections (b)(3), (c)(3), (d)(2)-(3), (e)(3)-(4), (f)(1)-(2), (f)(4), (g)(1)-(2) and (g)(4) filed 2-28-2022; operative 2-28-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 15, § 2449.5, 15 CA ADC § 2449.5
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