Department staff shall report to the Board at the central office calendar conduct which may result in rescission proceedings. The Board shall determine whether to initiate rescission proceedings. Examples of conduct which must be reported to the Board include:
(a) Disciplinary Conduct.
(1) Assault with a weapon.
(3) Physically assaultive behavior.
(4) Possession of a weapon without permission.
(5) Possession of controlled substances without a prescription.
(7) Urging others, with the intent to cause a riot, to commit acts of force or violence, at a time and place and under circumstances which produce a clear and present and immediate danger of a riot which results in acts of force or violence.
(8) Intentional destruction of state property valued in excess of $50.
(9) Falsification of a significant record or document.
(10) Possession of escape tools without permission.
(11) Manufacture or sale of intoxicants.
(12) Threatening the Board or Board staff.
(13) Other conduct which seriously disrupts institutional routine, or which strongly indicates that the prisoner is not ready for release, or which indicates that the prisioner is a danger to himself or others, or which Department staff believes should be reported to the Board.
(b) Psychiatric Deterioration. Any prisoner whose mental state deteriorates to the point that there is a substantial likelihood that the prisoner would pose a danger to himself or others when released, and who is within 90 days of release, shall be reported to the Board.
(c) Fundamental errors occurred, resulting in the improvident granting of a parole date.
(d) Other. Any new information which indicates that parole should not occur. Examples include: an inability to meet a special condition of parole, such as failure of another state to approve an interstate parole; or information significant to the original grant of parole was fraudulently withheld from the Board.
Credits
Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3060, Penal Code.
1. Editorial correction (Register 79, No. 38).
2. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 15, § 2451, 15 CA ADC § 2451
