§ 3495. Definitions.
15 CA ADC § 3495Barclays 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 § 3495
§ 3495. Definitions.
For the purposes of this article, the following definitions shall apply:
(d) “Primary offense” means the single crime for which any sentencing court imposed the longest term of imprisonment, excluding all enhancements, alternative sentences, and consecutive sentences. For purposes of determining the primary offense under this section, the term of imprisonment for inmates sentenced to a life term under an alternative sentencing scheme for a nonviolent crime shall be the maximum term applicable by statute to the underlying nonviolent offense.
(f) A “nonviolent parole eligible date” is the date on which an indeterminately-sentenced nonviolent offender who is eligible for a parole consideration hearing under Section 3496 has served the full term of their primary offense, less any actual days served prior to sentencing as ordered by the court under Section 2900.5 of the Penal Code and any actual days served in custody between sentencing and the date the inmate is received by the Department.
Credits
Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Section 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a); Section 1170.1(c), Penal Code; In re Canady (2019) 57 Cal.App.5th 1022; In re Edwards (2018) 26 Cal.App.4th 1181; In re Pope (2010) 50 Cal.4th 777; In re Tate (2006) 135 Cal.App.4th 756; and In re Thompson (1985) 172 Cal.App.3d 256.
History
1. New article 2 (sections 3495-3497) and 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.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 article 2 (sections 3495-3497) and 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.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. Amendment of subsections (a)(3) and (f) and amendment of Note 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 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3495, 15 CA ADC § 3495
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