§ 3076.1. Recommendation Pursuant to Subdivision (a)(1) of Section 1170.03 of the Penal Code.
15 CA ADC § 3076.1Barclays Official California Code of RegulationsEffective: October 1, 2022
Effective: October 1, 2022
15 CCR § 3076.1
§ 3076.1. Recommendation Pursuant to Subdivision (a)(1) of Section 1170.03 of the Penal Code.
(F) Indeterminately sentenced inmates who, pursuant to subdivision (a)(1) of Section 32 of Article 1 of the California Constitution or Sections 3041, 3051, or 3055 of the Penal Code, are scheduled for a parole hearing within the next 18 months or have already been afforded a parole hearing, regardless of the decision by the Board of Parole Hearings.
(C) If an inmate is found ineligible for one of the reasons enumerated in subsection (b)(2), the Classification Services Unit shall document the reason or reasons for the inmate's ineligibility and a copy of the document shall be provided to the inmate and another copy placed in the inmate's central file within 10 business days of the decision.
(D) If an inmate is found to have no exclusionary case factors pursuant to subsection 3076.1(b)(2), the Classification Services Unit shall submit the inmate's name to the Secretary. The Secretary may elect to decline to make a referral to the sentencing court, or direct the Classification Services Unit to prepare a Cumulative Case Summary, which shall include all of the following information:
(4) Inmates considered under this section but deemed ineligible by the Classification Services Unit as described in subsection (b)(3)(C), or not acted upon by the Secretary as described in subsection (e)(3), shall not be reconsidered by the Department for two years from the date the decision was documented by the Classification Services Unit or the Secretary, whichever is later in time.
(1) An inmate may be considered for referral pursuant to subsection (a)(2) if their sentence, as reflected in the Abstract of Judgment, contradicts applicable sentencing laws at the time of their sentencing hearing or subsequent court decisions suggesting the substantial likelihood of a sentencing discrepancy.
(3) Initial eligibility for consideration under subsection (a)(2) shall be determined by the Correctional Case Records Unit. Eligibility shall be determined by evaluating the Abstract of Judgement of each inmate and determining if there is a discrepancy between the inmate's sentence and the sentencing laws that existed at the time of the sentencing hearing or between the inmate's sentence and subsequent court decisions. If an inmate is found eligible, the Correctional Case Records Unit shall refer the matter to the Secretary.
(E) Indeterminately sentenced inmates who, pursuant to subdivision (a)(1) of Section 32 of Article 1 of the California Constitution or Sections 3041, 3051, or 3055 of the Penal Code, are scheduled for a parole hearing within the next 18 months or who have already been afforded a parole hearing, regardless of the decision by the Board of Parole Hearings.
(A) If an inmate is found ineligible for one of the reasons enumerated in subsection (d)(2), the Classification Services Unit or the Correctional Case Records Unit shall document the reason or reasons for the inmate's ineligibility and a copy of the document shall be provided to the inmate and another copy placed in the inmate's central file within 10 business days of the decision.
(B) If an inmate is found to have no exclusionary case factors pursuant to subsection 3076.1(d)(2), the Classification Services Unit (CSU) or the Correctional Case Records Unit shall submit the inmate's name to the Secretary. The Secretary may elect to decline to make a referral to the sentencing court, or:
(4) Inmates considered under this section but deemed ineligible by the Classification Services Unit or the Correctional Case Records Unit as described in subsection (d)(3)(A), or not acted upon by the Secretary as described in (e)(3), shall not be reconsidered by the Department for two years from the date the decision was documented by the Classification Services Unit, the Correctional Case Records Unit, or the Secretary, whichever is later in time.
(2) If the Secretary elects to recommend an inmate for recall and resentencing, a recommendation letter and, when required pursuant to subsection 3076.1(b)(3)(D), a Cumulative Case Summary shall be forwarded to the sentencing court and a copy shall be provided to the inmate and another copy placed in the inmate's central file within 10 business days of the decision.
(3) If the Secretary elects not to recommend an inmate for recall and resentencing, a “General Chrono” (CDC Form 128-B; Rev. 4/74), which is incorporated by reference, shall be generated informing the inmate that the Secretary took no action and a copy shall be provided to the inmate and another copy placed in the inmate's central file within 10 business days of the decision.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 290, 1170.03, 3041, 3051, 3055 and 5054, Penal Code; and Cal. Const., Art. I, sec. 32.
History
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (c) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section heading and section filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. Amendment of subsection (c) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
9. Repealer and new section filed 12-10-2019 as an emergency; operative 1-1-2020 (Register 2019, No. 50). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.
10. Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.
11. Repealer and new section refiled with amendments 10-5-2020 as an emergency; operative 10-10-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.
12. Repealer and new section refiled with amendments 5-6-2021 as an emergency; operative 5-11-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be repealed by operation of law on the following day.
13. Repeal of emergency regulation by operation of Government Code section 11346.1(g) and reinstatement of section as it existed prior to 12-10-2019 emergency repeal by operation of Government Code section 11346.1(f) (Register 2022, No. 3).
14. Editorial correction restoring section as it existed prior to 12-10-2019 emergency and amending History 13 (Register 2022, No. 12).
15. Repealer and new section heading and section and amendment of Note filed 8-11-2022; operative 10-1-2022 (Register 2022, No. 32).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3076.1, 15 CA ADC § 3076.1
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