(a) Submitting Request. When the Department appeal is final, the prisoner may request Board review by following the procedures set forth in §§ 2050-2056, except that the appeal to the Board must be filed within ten days of notification that the Department has denied the appeal.
(b) Decision. The reviewers may modify, affirm, or reverse the Department's decision, or may order a hearing scheduled.
(1) Panel. This hearing is conducted by a panel of three deputy commissioners.
(2) Prisoner Rights. The prisoner shall have the rights specified in §§ 2245-2252 and 2254-2256. The record of the hearing shall be a tape recording.
(3) Information Considered. At this hearing, the panel shall consider the record established by the Department, any information submitted by the prisoner under § 2249, and any information elicited at the hearing.
(4) Decision. The panel may modify, affirm, or reverse the Department's decision.
Credits
Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2930-2932, 5076.1 and 5077, Penal Code.
1. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
3. Change without regulatory effect amending section and Note filed 10-1-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 40).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 2121, 15 CA ADC § 2121
