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§ 2151. Preliminary Review.

15 CA ADC § 2151Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 2. Board of Parole Hearings
Chapter 2.5. Advancing Parole Consideration Hearing Dates
Article 1. Petition to Advance the Date of an Inmate's Next Parole Consideration Hearing
15 CCR § 2151
§ 2151. Preliminary Review.
Currentness
(a) Within 10 business days of receiving a petition under section 2150, board staff shall review the petition to determine whether the board has jurisdiction under this section to advance the date of the inmate's next parole consideration hearing.
(b) The board has jurisdiction to advance the date of the inmate's next parole consideration hearing if all of the following are true:
(1) The inmate's last parole consideration hearing resulted in a denial of parole under paragraph (3) of subdivision (b) of Penal Code section 3041.5 or a stipulation of unsuitability under section 2253(c) of article 3 of chapter 3; and
(2) The inmate has not submitted a petition to advance a parole consideration hearing date that was reviewed on the merits within the past three years under section 2156.
(c) If board staff determines the board has jurisdiction under subsection (b) to review the petition, the board shall proceed with the notification process outlined in section 2155.
(d) If board staff determines the board does not have jurisdiction under subsection (b) to review the petition, staff shall issue a written decision, a copy of which shall be served on the inmate and placed in the inmate's central file within 15 business days of being issued. The date of the inmate's next parole consideration hearing shall not be advanced.
(e) Inmates may seek review of decisions issued under this section by writing the board in accordance with section 2157 within 30 calendar days of being served with the decision. Decisions issued under this section are not subject to the department's inmate appeal process under article 8 of chapter 1 of division 3 of this title.
(f) Nothing in this section precludes the board from conducting an ad hoc administrative review to determine whether to advance the date of the inmate's next parole consideration hearing under section 2152.

Credits

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.5, Penal Code.
History
1. New section filed 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2019 order transmitted to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 2151, 15 CA ADC § 2151
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