(a) Within 10 business days of an administrative review being initiated under section 2153 of this article, board staff shall conduct a preliminary screening to determine whether the inmate will be excluded from a review on the merits under section 2156.
(b) An inmate will be excluded from a review on the merits under section 2156 if any of the following circumstances apply:
(1) The inmate stipulated to unsuitability under section 2253(c) of article 3 of chapter 3 of this title at his or her last parole consideration hearing;
(2) The inmate's last parole consideration hearing resulted in a denial period of more than three years under paragraph (3) of subdivision (b) of Penal Code section 3041.5;
(3) The inmate's overall risk rating is high on his or her most recent comprehensive risk assessment completed under section 2240 of article 1 of chapter 3 of this title;
(4) The inmate or the inmate's attorney of record has, since the inmate's last hearing, submitted a petition under section 2150 that was reviewed on the merits under section 2156;
(5) The inmate has been found guilty of a Division A-1, A-2, B, C, D, or E rule violation as specified in section 3323 of article 5 of subchapter 4 of chapter 1 of division 3 of this title since the inmate's last parole consideration hearing;
(6) The inmate has been found guilty of a Division F rule violation as specified in subsection (h), paragraph (3), (5), (6), (12), or (13) of section 3323 of article 5 of subchapter 4 of chapter 1 of division 3 of this title since the inmate's last parole consideration hearing;
(7) The inmate has been convicted of a new crime since the inmate's last parole consideration hearing; or
(8) The inmate's next hearing date has already been advanced since his or her last parole consideration hearing.
(c) If board staff determines that none of the circumstances in subsection (b) apply, the board shall proceed with the notification process outlined in section 2155 and a review on the merits under section 2156.
(d) If board staff determines that at least one of the circumstances in subsection (b) of this section applies, the inmate's next parole consideration hearing shall not be advanced under section 2153.
(e) 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; and In re Vicks (2013) 56 Cal.4th 274.
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, including new subsection (b)(6) and subsection renumbering, 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 4/26/24 Register 2024, No. 17.
