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§ 2156. Review on the Merits.

15 CA ADC § 2156Barclays 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 3. Review on the Merits
15 CCR § 2156
§ 2156. Review on the Merits.
(a) Within 15 business days of the conclusion of the notification process described under section 2155, a commissioner or deputy commissioner acting in accordance with Penal Code section 5076.1 shall, as a hearing officer, conduct a review on the merits and determine whether the date of the inmate's next parole consideration hearing should be advanced under paragraph (4) of subdivision (b) or under subdivision (d) of Penal Code section 3041.5.
(b) The hearing officer shall review and consider all relevant and reliable information about the inmate, including, but not limited to:
(1) Information contained in the inmate's central file;
(2) The transcript of the inmate's last parole consideration hearing;
(3) Any petition filed by the inmate under section 2150; and
(4) Written statements submitted by registered victims who received notice under section 2155.
(c) If the inmate committed his or her controlling offense, as defined in subdivision (a) of Penal Code section 3051, when he or she was 25 years of age or younger, the hearing officer shall consider the diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the inmate.
(d) If the inmate is 60 years of age or older and has served a minimum of 25 years of continuous incarceration on his or her current sentence, the hearing officer shall consider the inmate's age, time served, and diminished physical condition, if any.
(e) After reviewing and considering all relevant and reliable information and the factors in subsections (c) and (d), the hearing officer shall determine whether the date of the inmate's next parole consideration hearing should be advanced. If the hearing officer determines there has been a change in circumstances or new information that establishes a reasonable likelihood that consideration of the public and the victim's safety does not require that the inmate remain incarcerated until the date of his or her next parole consideration hearing, the hearing officer shall advance the date of the inmate's next parole consideration hearing. In the absence of such a determination, the date of the inmate's next parole consideration hearing shall not be advanced.
(f) The hearing officer shall issue a written decision that includes a statement of reasons supporting the decision. A copy of the decision shall be served on the inmate and placed in the inmate's central file within 15 business days of being issued. The board shall, within five business days of issuing a decision, send notice of the decision to any registered victim who received notice under section 2155.
(g) Parole consideration hearing dates advanced under subsection (e) shall be advanced by the hearing officer either to the next available calendar or by decreasing the length of the inmate's previous parole denial to a shorter allowable period under paragraph (3) of subdivision (b) of Penal Code section 3041.5, whichever the hearing officer determines is appropriate based on the information reviewed and considered.
(h) 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 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.

Credits

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5, 3051, 3055, 4801 and 5076.1, 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)(2) 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 6/28/24 Register 2024, No. 26.
Cal. Admin. Code tit. 15, § 2156, 15 CA ADC § 2156
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