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§ 2449.7. Decision Review.

15 CA ADC § 2449.7Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 2. Board of Parole Hearings
Chapter 3. Parole Release
Article 15. Parole Consideration for Determinately-Sentenced Nonviolent Offenders
15 CCR § 2449.7
§ 2449.7. Decision Review.
(a) An inmate may request review of a decision on the merits issued under Section 2449.4 or a decision vacating a previous approval for release issued under Section 2449.6 by submitting a written request to the board within 30 calendar days of the inmate being served the decision. The inmate's written request shall include a description of why the inmate believes the previous decision was not correct and may include additional information not available to the hearing officer at the time the previous decision was issued.
(b) The Chief Hearing Officer or an associate chief deputy commissioner may also initiate a review under this section at any time prior to the inmate's release if the previous decision contained an error of law, an error of fact, or if the board receives new information that would have materially impacted the previous decision had it been known at the time the decision was issued.
(c) A hearing officer, associate chief deputy commissioner, or the Chief Hearing Officer, who was not involved in the original decision, shall complete a review of the decision within 30 calendar days of the board receiving the request.
(d) The hearing officer, associate chief deputy commissioner, or the Chief Hearing Officer reviewing the previous decision shall consider all relevant and reliable information and issue a decision either concurring with the previous decision or overturning the previous decision with a statement of reasons supporting the new decision.
(e) 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.
(f) Within five business days of issuing a decision under this section that overturns a previous decision issued under Section 2449.4 or 2449.6, the board shall send notice of the decision to any victim who was registered at the time of the referral and any prosecuting agency or agencies that received notice under Section 2449.3. Inmates who are denied release under this section shall be reviewed for possible referral to the board again annually as provided in subsection 3492(b) of Division 3 of this title.
(g) If a decision under this section overturns a previous decision that determined the inmate was not eligible for parole consideration under Section 3491 of Division 3 of this title, the board shall proceed with the notification process outlined in Section 2449.3. The board shall also, within 60 calendar days, conduct a review on the merits under Section 2449.4.
(h) Decisions 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: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a).
History
1. New section filed 5-1-2018; operative 5-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
2. Amendment of subsections (a) and (f)-(h) filed 9-10-2019 as an emergency; operative 9-10-2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3-26-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 15, § 2449.7, 15 CA ADC § 2449.7
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