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§ 2449.34. Review of Jurisdictional Decision.

15 CA ADC § 2449.34Barclays 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 16. Parole Consideration for Indeterminately-Sentenced Nonviolent Offenders
15 CCR § 2449.34
§ 2449.34. Review of Jurisdictional Decision.
Currentness
(a) An inmate may request review of a jurisdictional decision issued under Section 2449.31 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) A 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.
(c) The 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.
(d) 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.
(e) If a decision under this section overturns a previous decision issued under section 2449.31 that determined the board did not have jurisdiction to review the inmate because he or she was not eligible for parole consideration, the board shall schedule the inmate for an initial parole consideration hearing within 180 calendar days.
(f) 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 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-6-2019 as an emergency; operative 6-11-2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 2449.34, 15 CA ADC § 2449.34
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