Skip navigation

Code of Regulation - Crime Prevention & Corrections, CA Board of Parole Hearings, 2015

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
State of California
Division 2
Board of Parole Hearings

 

 

California Code of Regulation
Title 15.
Crime Prevention and Corrections 
 

 

Updated through July 1, 2015

 

DIVISION 2: BOARD OF PAROLE HEARINGS
TABLE OF CONTENTS
2. BOARD OF PAROLE HEARINGS .................................. 7

Article 8. Information Practices Act ................................ 23

CHAPTER 1. GENERAL...................................................... 7

§ 2080. General. [Repealed] ........................................ 23

Article 1. Rules of Construction and Definitions .............. 7

§ 2081. Collection of Information. .............................. 23

§ 2000. Rules of Construction and Definitions. ............ 7

§ 2082. O.I.P. Notice. .................................................. 23

Article 2. Personnel [Repealed] ....................................... 12

§ 2083. Maintenance of Information. .......................... 24

Article 3. Policy Making Procedures ............................... 13

§ 2084. Access to Records. ......................................... 24

§ 2015. Board Meetings. [Repealed] ........................... 13

§ 2086. Amendment of Records. ................................. 24

§ 2016. Adoption of Policy and Procedures: The Board
Rules. [Repealed] ........................................................ 13

§ 2087. Disclosure of Information............................... 25

§ 2017. Administrative Directive. ............................... 13

Chapter 2. Term Decisions................................................... 26

Article 4. Public Participation ......................................... 13

Article 1. Sentence Review [Repealed] ........................... 26

§ 2025. Regulations..................................................... 13

Article 2. Board Review of Department Denial of Good
Time Credit ...................................................................... 26

§ 2088. Accounting for Disclosures. ........................... 26

§ 2026. Summary of the Administrative Procedure Act.
[Repealed] ................................................................... 13

§ 2120. General. .......................................................... 26

§ 2027. Public Participation in Rulemaking. ............... 13

§ 2121. Board Review. ................................................ 26

§ 2028. Public Comment in Individual Cases. ............ 14

§ 2122. Review of Request. [Repealed] ...................... 27

§ 2029. Victims, Next of Kin, and Immediate Family
Members at Hearings. ................................................. 14

§ 2123. Hearing Ordered. [Repealed].......................... 27
Article 3. Retroactive Sentencing Procedures [Repealed] 27

§ 2029.1. Visitors and Observers at Hearings. ............ 15

Article 4. Multijurisdiction Regulations [Repealed] ........ 27

§ 2030. Prosecutor Participation. ................................ 15
§ 2031. Media Representatives at Hearings. ............... 16

Article 5. Mentally Disordered Sex Offender Term Fixing
[Repealed]........................................................................ 27

§ 2032. Television and Radio Coverage of Parole
Hearings. ..................................................................... 16

Chapter 3. Parole Release .................................................... 27
Article 1. General [Repealed] .......................................... 27

Article 5. Individual Case Decisions ............................... 18

§ 2230. General. [Repealed] ........................................ 27

§ 2040. Lifer Decisions, Public Threat........................ 18

Article 2. Information Considered ................................... 27

§ 2041. Review of Proposed Decisions. ...................... 18

§ 2232. General. [Repealed] ........................................ 27

§ 2042. Review Criteria. ............................................. 20

§ 2233. Documents Considered. [Repealed] ............... 27

§ 2043. Final Date of Decisions. ................................. 20

§ 2234. Testimony. [Repealed] ................................... 27

§ 2044. En Banc Referral. ........................................... 21

§ 2235. Confidential Information. ............................... 27

Article 6. Appeals [Repealed].......................................... 21

§ 2236. Prisoner's Version. .......................................... 28

Article 7. Multijurisdiction Regulations .......................... 21

§ 2237. Resolving Factual Disputes. [Repealed] ......... 28

§ 2071. Application of BPT Rules to Multijurisdiction
Prisoners and Parolees................................................. 21

§ 2238. Insufficient Information.................................. 28
§ 2239. Battered Woman Syndrome. .......................... 28

§ 2072. Determination of Multijurisdiction Status. ..... 21

§ 2240. Psychological Risk Assessments for Life
Inmates. ....................................................................... 28

§ 2073. Grievances for Multijurisdiction Prisoners and
Parolees: General. ....................................................... 22

Article 3. Prisoner Rights ................................................ 29

§ 2074. Grievance Coordinator. .................................. 22

§ 2245. General. .......................................................... 29

§ 2075. Time Limits on Appeal: Refiling. [Repealed] 23

§ 2246. Notice. ............................................................ 29

1 

TITLE 15

Board of Parole Hearings 

§ 2247. Disclosure....................................................... 29

§ 2287. Circumstances in Aggravation of the Additional
Term for Other Crimes. ............................................... 46

§ 2249. Prisoner Presentation of Documents. ............. 30

§ 2288. Circumstances in Mitigation of the Additional
Term for Other Crimes. ............................................... 47

§ 2250. Impartial Hearing Panel. ................................ 30
§ 2251. Assistance....................................................... 30

§ 2289. Fixing a Parole Date: Computation. ............... 47

§ 2251.5. Americans with Disabilities Act.................. 30

§ 2290. Postconviction Credit. .................................... 47

§ 2251.6. Filing a Grievance. ...................................... 31

§ 2291. New Crimes. ................................................... 48

§ 2251.7. Processing a Grievance. .............................. 31

§ 2292. Retroactivity. .................................................. 48

§ 2252. Department Representative. ........................... 32

Article 6. Parole Consideration Procedures for Isl
Prisoners .......................................................................... 49

§ 2253. Voluntary Waivers, Stipulations of
Unsuitability, Postponements, and Continuances. ...... 32

§ 2300. General. .......................................................... 49

§ 2254. Record of Hearing. ......................................... 33

§ 2301. Information Considered. ................................. 50

§ 2255. Written Statement of Decision. ...................... 34

§ 2302. Panel Composition. [Repealed] ...................... 50

§ 2256. Attorney. ........................................................ 34

§ 2303. Prisoner Rights. .............................................. 50

Article 4. Parole Consideration Procedures for Life
Prisoners and Nonlife 1168 Prisoners.............................. 34

§ 2304. Initial Parole Hearing. .................................... 50

§ 2265. General. [Repealed]........................................ 34

§ 2305. Progress Hearing. ........................................... 50

§ 2266. Information Considered. [Repealed] .............. 34

§ 2306. Subsequent Parole Hearing............................. 51

§ 2267. Recommendation Hearing. [Repealed] .......... 34

§ 2307. Hearing for Prisoners with New Criminal or
Disciplinary Charges Pending. .................................... 51

§ 2268. Initial Parole Hearing. .................................... 34

§ 2308. Hearings for Prisoners with Changes in Legal
Status. .......................................................................... 51

§ 2269. Progress Hearing. ........................................... 35
§ 2269.1. Documentation Hearings. ............................ 36
§ 2270. Subsequent Parole Hearing. ........................... 37

§ 2309. Hearings for Prisoners with Confirmed 1170.2
Release Dates. ............................................................. 52

§ 2271. Parole Consideration for Nonlife 1168
Prisoners. [Repealed] .................................................. 37

§ 2310. Hearings for Prisoners Serving ISL and DSL
Terms........................................................................... 52

§ 2272. Hearings for Prisoners with New Criminal or
Disciplinary Charges Pending. .................................... 38

Article 7. Parole Consideration Criteria and Guidelines for
Isl Prisoners ..................................................................... 52

§ 2273. Hearings for Prisoners with Changes in Legal
Status. .......................................................................... 38

§ 2315. General. .......................................................... 52
§ 2316. Unsuitability Criteria. ..................................... 52

§ 2274. Adult Authority Parole Dates. ........................ 39

§ 2317. Fixing a Parole Date: Criteria. ........................ 53

§ 2275. Parole Reconsideration Hearings. .................. 39

§ 2318. Fixing a Parole Date: Procedure. [Repealed] . 54

Article 5. Parole Consideration Criteria and Guidelines for
Life Prisoners .................................................................. 40

§ 2319. Definitions. ..................................................... 54
§ 2320. Base Period of Confinement. .......................... 54

§ 2280. General. .......................................................... 40

§ 2321. Adjustment: General. [Repealed] ................... 54

§ 2281. Determination of Suitability. .......................... 40

§ 2322. Adjustments for Preconviction Factors. ......... 55

§ 2282. Base Term. ..................................................... 41

§ 2323. Adjustments for Commitment Factors. .......... 55

§ 2283. Circumstances in Aggravation of the Base
Term. ........................................................................... 44

§ 2324. Adjustments for Postconviction Factors. ........ 56
§ 2325. Weapons. ........................................................ 56

§ 2284. Circumstances in Mitigation of the Base Term.
.................................................................................... 45

§ 2326. Criminal Charges Not Resulting in a Prison
Sentence. ..................................................................... 56

§ 2285. Additional Term for the Use of a Firearm. ..... 46

§ 2327. Fixing a Parole Date: Computation. [Repealed]
..................................................................................... 57

§ 2286. Additional Terms for Other Offenses. ............ 46

2 

TITLE 15

Board of Parole Hearings 

§ 2328. New Commitments. ........................................ 57

§ 2404. Circumstances in Aggravation of the Base
Term. ........................................................................... 81

§ 2329. Suggested Base Ranges. ................................. 57

§ 2405. Circumstances in Mitigation of the Base Term.
..................................................................................... 81

Article 8. Preprison Credit ............................................... 67
§ 2340. General. [Repealed]........................................ 67

§ 2406. Adjustment for Weapons, Great Loss and Prior
Prison Terms. .............................................................. 82

§ 2341. Types of Preprison Credit. ............................. 67
§ 2342. Application of Preprison Custody Credit to ISL,
Nonlife 1168 and Life Prisoner Parole Dates. ............. 68

§ 2407. Adjustments for Other Offenses. .................... 82
§ 2408. Circumstances in Aggravation of the
Adjustment for Other Crimes. ..................................... 83

§ 2343. Application of Preprison Credit to ISL
Sentence. ..................................................................... 68

§ 2409. Circumstances in Mitigation of the Adjustment
for Other Crimes.......................................................... 83

§ 2344. Application of Preprison Credit to DSL Release
Date Calculated Under Penal Code Section 1170.2. ... 68

§ 2410. Postconviction Credit. .................................... 83

§ 2345. Excess Credit. ................................................. 69

§ 2411. Fixing a Parole Date. ...................................... 84

Article 9. Release............................................................. 69

Article 12. Parole Consideration Criteria and Guidelines
for Habitual Offenders Sentenced to Life Terms Under
Penal Code Section 667.7 ................................................ 85

§ 2355. General. .......................................................... 69
§ 2356. Notification of Notice and Conditions of Parole.
.................................................................................... 69

§ 2420. Scope of Article. ............................................. 85

§ 2357. Release to Holds of Other Jurisdictions.
[Repealed] ................................................................... 69

§ 2421. General. .......................................................... 85
§ 2422. Determination of Suitability. .......................... 86

§ 2358. Release Upon Approved Parole Plan (RUAPP).
[Repealed] ................................................................... 69

§ 2423. Base Term. ..................................................... 86
§ 2424. Circumstances in Aggravation of the Base
Term. ........................................................................... 87

§ 2359. Parole Date Advancement. ............................. 69
Article 10. Multijurisdiction Regulations ........................ 69

§ 2425. Circumstances in Mitigation of Base Term. ... 88

§ 2365. Hearing Rights: General. ................................ 69

§ 2426. Adjustment for Weapons, Great Loss, Great
Bodily Injury and Prior Prison Terms. ........................ 88

§ 2366. Multijurisdiction Prisoners Located in
California: Rights. ....................................................... 69

§ 2427. Adjustments for Other Offenses. .................... 88

§ 2367. Multijurisdiction Prisoners Located Outside
California: Rights. ....................................................... 69

§ 2428. Circumstances in Aggravation and Mitigation
of the Adjustment for Other Crimes. ........................... 89

§ 2368. Prehearing Procedures. ................................... 71

§ 2429. Postconviction Credit. .................................... 89

§ 2369. Documentation Hearing. ................................ 71

§ 2429.1. Fixing a Parole Date. ................................... 90

§ 2370. Initial Parole Hearing: Prisoner Rights........... 71

Article 13. Parole Consideration Criteria and Guidelines
for Sex Offenders Sentenced to Life Terms Under Penal
Code Section 667.51 ........................................................ 90

§ 2371. Progress Hearing: Prisoner Rights. ................ 71
§ 2372. Subsequent Parole Hearing: Prisoner Rights. . 72
§ 2373. Nonlife 1168 and ISL Prisoners: Parole
Consideration Hearing Rights. .................................... 72

§ 2430. Scope of Article. ............................................. 90
§ 2431. General. .......................................................... 90

Article 11. Parole Consideration Criteria and Guidelines
for Murders Committed on or After November 8, 1978,
and Specified Attempted Murders ................................... 72

§ 2432. Determination of Suitability. .......................... 90
§ 2433. Base Term. ..................................................... 91
§ 2434. Circumstances in Aggravation of the Base
Term. ........................................................................... 91

§ 2400. Scope of Article.............................................. 72
§ 2401. General. .......................................................... 73

§ 2435. Circumstances in Mitigation of the Base Term.
..................................................................................... 91

§ 2402. Determination of Suitability. .......................... 73
§ 2403. Base Term. ..................................................... 75

§ 2436. Adjustment for Weapons, Great Loss, Great
Bodily Injury and Prior Prison Terms. ........................ 91

3 

TITLE 15

Board of Parole Hearings 

§ 2437. Adjustments for Other Offenses. .................... 92

§ 2513.2. Hearings for Sex Offenders Undergoing
Chemical Treatment. ................................................. 102

§ 2438. Circumstances in Aggravation and Mitigation
of the Adjustment for Other Crimes. ........................... 92

§ 2514. Waiver of Parole........................................... 102

§ 2439. Postconviction Credit. .................................... 93

§ 2515. Length of Parole. .......................................... 103

§ 2439.1. Fixing a Parole Date. ................................... 93
Chapter 4. Postponement or Rescission of Release ............. 93

Article 2. Reconsideration of Length and Conditions of
Parole ............................................................................. 104

Article 1. Initiating Proceedings ...................................... 93

§ 2525. General. ........................................................ 104

§ 2450. General. .......................................................... 93

§ 2526. Procedure. ..................................................... 104

§ 2451. Reportable Information. ................................. 93

§ 2528. Right of Appeal. ........................................... 104

§ 2452. Procedure for Reporting. ................................ 94

Article 3. Discharge ....................................................... 104

§ 2453. Pre-Rescission Hearings. ................................ 94

§ 2535. Discharge Review......................................... 104

§ 2454. Scheduling Rescission Hearings. ................... 94

§ 2536. Early Discharge. ........................................... 105

Article 2. Hearing Procedures ......................................... 95

§ 2536.1. Review of Parole Discharge Recommendation
After 180 Days of Parole Supervision. [Repealed] ... 106

§ 2465. Prisoner Rights. .............................................. 95

§ 2537. Statutory Discharge. ..................................... 106

§ 2466. Pre-Hearing Procedures.................................. 95

Article 4. Multijurisdictional Regulations ..................... 106

§ 2467. Hearing Procedures. ....................................... 96

§ 2545. Conditions of Parole. .................................... 106

§ 2468. Procedures After Dismissal or Not Guilty...... 96

§ 2546. Reconsideration of Length and Conditions of
Parole......................................................................... 106

§ 2469. Procedures After Postponement. [Repealed] .. 96
§ 2470. Procedures After Rescission........................... 97

§ 2547. Filing the Request for Reconsideration. ....... 106

§ 2471. Appeals........................................................... 97

§ 2548. Submitting the Request. ............................... 107

§ 2472. Pre-1948 Credits. [Repealed] ......................... 97

§ 2549. Right to Appeal. ........................................... 107

Article 3. Multi-Jurisdiction Regulations ........................ 97
§ 2479. General. .......................................................... 97

Article 5. Mentally Disordered Offender Certification and
Hearing Procedures........................................................ 107

§ 2480. Pre-Rescission Hearing Procedures................ 97

§ 2570. Terminology. ................................................ 107

§ 2481. Rescission Hearing Procedures. ..................... 98

§ 2571. Criteria for Certification as Mentally
Disordered Offender. ................................................. 108

§ 2482. Prisoner Rights. .............................................. 98
§ 2483. Postponement Review Hearing (Section 2469).
[Repealed] ................................................................... 98

§ 2572. Certification. ................................................. 108
§ 2573. Board of Prison Terms' Review of
Certifications. ............................................................ 109

§ 2484. Postponement Review Hearing: Prisoner's
Rights. [Repealed] ....................................................... 98

§ 2574. Notification to Prisoner/Parolee. .................. 109

§ 2485. Rescission Rehearing: Prisoner Rights.
[Repealed] ................................................................... 98

§ 2575. Prisoner's Options Following Notification of
Special Condition of Parole. ...................................... 109

Chapter 5. Parole Supervision .............................................. 99

§ 2576. Certification Hearing. ................................... 110

Article 1. Length and Conditions of Parole ..................... 99

§ 2577. Mental Health Treatment Program. .............. 110

§ 2510. General. .......................................................... 99

§ 2578. Placement Hearings. ..................................... 111

§ 2511. Notice of Parole.............................................. 99

§ 2579. Parole Violations. ......................................... 111

§ 2512. General Conditions of Parole. ...................... 100

§ 2580. Discharge Review and Annual Review
Hearings. ................................................................... 112

§ 2513. Special Conditions of Parole. ....................... 101
§ 2513.1. Special Conditions of Parole for Sex
Offenders Undergoing Chemical Treatment. ............ 102

Chapter 6. Parole Revocation ............................................. 112
Article 1. Parole Hold Policy ......................................... 112

4 

TITLE 15

Board of Parole Hearings 

§ 2600. General. [Repealed]...................................... 112

§ 2649. Revoked Parolees with New Commitments.
[Repealed] ................................................................. 121

§ 2600.1. Sexually Violent Predator Screening, Holds,
and Board Determinations......................................... 112

Article 4. Evidence ........................................................ 121

§ 2601. Criteria for Placement of a Parole Hold. ...... 114

§ 2665. General. ........................................................ 121

§ 2602. Factors Considered. ...................................... 114

§ 2666. Documentary Evidence. ............................... 121

§ 2603. Review of a Parole Hold. [Repealed] ........... 114

§ 2667. Physical Evidence......................................... 121

§ 2604. Reasons for Parole Hold. [Repealed] ........... 114

§ 2668. Witnesses. ..................................................... 121

§ 2605. Transfer to Prison. [Repealed]...................... 114

Article 5. Subpoenas ...................................................... 122

§ 2606. Length of Parole Hold. [Repealed]............... 115

§ 2675. General. ........................................................ 122

Article 2. Parole Violations and Reports ....................... 115

§ 2676. Request for Subpoena. .................................. 123

§ 2615. General. [Repealed]...................................... 115

§ 2677. Criteria for Issuance. .................................... 123

§ 2616. Reportable Information. [Repealed] ............. 115

§ 2678. Service. ......................................................... 124

§ 2616.1. Reportable Information for Sex Offenders
Undergoing Chemical Treatment. ............................. 116

§ 2679. Witness Obligation to Comply. .................... 124
§ 2680. Quashing....................................................... 124

§ 2617. Investigation. [Repealed] ............................. 116

§ 2681. Decision. ....................................................... 124

§ 2618. Parole Violation Report. [Repealed] ............ 116

§ 2682. Appeals. ........................................................ 124

§ 2619. Supplemental Parole Violation Reports.
[Repealed] ................................................................. 116

Article 6. Attorney Determinations ............................... 125
§ 2690. General. ........................................................ 125

§ 2620. Recommendations. [Repealed] ..................... 116

§ 2691. Request for an Attorney................................ 125

Article 3. Revocation Procedures .................................. 116

§ 2692. Basic Test. .................................................... 125

§ 2635. General. [Repealed]...................................... 116

§ 2693. Presumption of Need. ................................... 125

§ 2635.1. Revocation Period. [Repealed] .................. 116

§ 2694. Ability to Speak for Self. .............................. 126

§ 2636. P&CSD Review. [Repealed] ........................ 117

§ 2695. Preliminary and Final Hearings. ................... 126

§ 2637. Central Office Calendar. .............................. 117

§ 2696. Information Considered. ............................... 126

§ 2638. P&CSD Hearing Coordinator. [Repealed] ... 118

§ 2697. Decision. ....................................................... 126

§ 2639. Central Office Hearing Coordinator. [Repealed]
.................................................................................. 118

§ 2698. Indigent Prisoner or Parolee. ........................ 126
§ 2699. Attorney Selection. ....................................... 126

§ 2640. Time Limits. [Repealed] .............................. 118

§ 2700. Hearing Panel Designation. .......................... 126

§ 2641. Waiver of Hearing. [Repealed] .................... 118

§ 2701. Appeals. [Repealed] ..................................... 126

§ 2642. Prehearing Procedures. [Repealed] .............. 119

Article 7. Warrants of Arrest ......................................... 127

§ 2643. Parolee Rights. [Repealed] ........................... 119

§ 2710. General. [Repealed] ...................................... 127

§ 2644. Prerevocation Proceedings. [Repealed] ........ 119

§ 2711. Warrants Based on Board Action. [Repealed]
................................................................................... 127

§ 2645. Hearing Procedures: Revocation. [Repealed]119
§ 2646. Disposition. [Repealed] ................................ 120

§ 2712. Warrants Based on Individual Member Action.
[Repealed] ................................................................. 127

§ 2646.1. Violations and Length of Confinement.
[Repealed] ................................................................. 120

§ 2713. Recall of Warrant. ........................................ 127

§ 2647. Time in Custody. [Repealed]........................ 120

§ 2714. State and National Warrant Systems. [Repealed]
................................................................................... 127

§ 2647.1. Time in Custody Psychiatric Treatment.
[Repealed] ................................................................. 121

Article 8. Multijurisdiction Regulations ........................ 127

§ 2648. Posthearing Procedures. [Repealed] ............. 121

§ 2730. Application of Article. .................................. 127

5 

TITLE 15

Board of Parole Hearings 

§ 2731. Absconders from California. ........................ 128

§ 2815. General. ........................................................ 134

§ 2732. Multijurisdiction Parolees Who Abscond. ... 129

§ 2816. Application Direct to Governor. ................... 134

§ 2733. Multijurisdictional Parolees: Revocation. .... 129

§ 2817. Board Referral to Governor. [Repealed] ...... 135

Article 9. Parole Revocation Extension Procedures ...... 130

§ 2817.1. Board Hearing, Clemency. [Repealed] ...... 135

§ 2740. Parole Revocation Maximum Term. ............ 130

§ 2818. Board Recommendation. .............................. 135

§ 2741. Release to Parole. ......................................... 130

§ 2819. Governor's Action. [Repealed] ..................... 135

§ 2742. Parole Violation Extension Procedures. ....... 130

Article 3. Battered Woman Syndrome; Commutation or
Court Referral ................................................................ 135

Article 10. Worktime Credits ........................................ 133

§ 2830. Recommendation to Governor or Other Action.
................................................................................... 135

§ 2743. Worktime Credits. ........................................ 133
§ 2744. Non-Eligibility for Worktime Credits. ......... 134

Chapter 10. Foreign Prisoner Transfer ............................... 136

Chapter 7. Executive Clemency ......................................... 134

§ 2870. Foreign Prisoner Transfer. ............................ 136

Article 1. Certificate of Rehabilitation [Repealed] ........ 134
Article 2. Traditional Pardon Procedures ...................... 134

 

 

6 

TITLE 15

Board of Parole Hearings 

2. BOARD OF PAROLE HEARINGS
CHAPTER 1. GENERAL

board. Life sentences may be imposed for the following
crimes or conspiracy to commit any of the following crimes:
(A) First degree murder (Penal Code section 187).

Article 1. Rules of Construction and Definitions

(B) Second degree murder (Penal Code section 187)
committed on or after November 8, 1978.

§ 2000. Rules of Construction and Definitions.
(a) Rules of Construction. The following rules of
construction apply to the regulations contained in this
division, except as otherwise noted:

(C) Kidnapping for extortion or ransom, with , 1951) and
without bodily harm to the victim (since September 22,
1951); and kidnapping for robbery (Penal Code section 209).

(1) The enumeration of some criteria for the making of
discretionary decisions does not prohibit the application of
other criteria reasonably related to the decision being made.

(D) Train wrecking not resulting in death or bodily harm
(Penal Code section 219).

(2) The order in which criteria are listed does not indicate
their relative weight or importance.

(E) Sabotage resulting in death or great bodily harm
(former Military and Veterans Code section 1672a).

(3) “Inmate,” “prisoner,” or “parolee” applies to any person
who is or has been committed to the custody of the Director
of Corrections, including inmates, residents, parolees, and
dischargees, regardless of that person's present status.

(F) Certain forms of aggravated assault by a prisoner
serving a sentence of life imprisonment (Penal Code section
4500).
(G) Exploding a destructive device causing mayhem or
great bodily injury (Penal Code section 12310).

(4) “Regulation” means rule or regulation.

(H) Attempt to murder a government official in
retaliation for or prevention of his performance of official
duties. (Penal Code section 217.1).

(5) “Shall” is mandatory, “should” is advisory, and “may”
is permissive.
(6) The past, present, or future tense includes the others.

(I) Habitual Sex Offender, Penal Code section 667.51(c):
A party who has violated Penal Code section 288
(committing lewd or lascivious acts or crimes against
children) and who has served two or more prison terms as
defined in section 667.5 as punishment for violation of an
offense listed in subdivision (b), including commission to the
state hospital.

(7) The masculine gender includes the feminine gender; the
singular includes the plural.
(8) The symbol § refers only to board rules contained in
this division.
(9) The time limits specified in these rules do not create a
right to have the specified action taken within the time limits.
The time limits are directory, and the failure to meet them
does not preclude taking the specified action beyond the time
limits.

(J) Habitual Offender, Penal Code section 667.7: Any
party convicted of a felony involving or likely to involve
infliction of great bodily harm, and who has served two or
more prior prison terms as per section 667.5 for crimes of
murder, mayhem, rape, etc. or any felony punishable by death
or life imprisonment, with or without possibility of parole.

(b) Definitions. For the purpose of the regulations contained
in this division the definitions below shall have the following
meanings:
(1) ISL Prisoner. A person sentenced to prison for a crime
committed on or before June 30, 1977, who would have been
sentenced pursuant to Penal Code section 1170 if he had
committed the crime on or after July 1, 1977.

(K) Attempted willful, deliberate, and premeditated
murder as defined in Penal Code section 189 (Penal Code
sections 187, 664).
(L) Aggravated mayhem (Penal Code section 205).

(2) DSL Prisoner. A person sentenced to prison pursuant to
Penal Code section 1170 for a crime committed on or after
July 1, 1977. For the purpose of these rules, once an ISL
prisoner has received a retroactively calculated DSL release
date all rules applying to DSL prisoners apply to the ISL
prisoner's DSL release date and parole.

(M) A new conviction or violation of any of specified
controlled substance provisions where the person has served
two separate prior prison terms upon conviction of any of the
specified provisions (Penal Code section 667.75).
(N) Attempted murder of a peace officer or firefighter
committed on or after January 1, 1995 (Penal Code section
664).

(3) Life Prisoner. A prisoner serving a sentence of life with
the possibility of parole. The parole date is determined by the

7 

TITLE 15

Board of Parole Hearings 

(O) Attempted willful, deliberate, and premeditated
murder of a peace officer or firefighter committed on or after
January 1, 1998 (Penal Code section 664).

the custody of any agency of the State of California or any
subdivision thereof.
(15) California Concurrent Parolee. A prisoner on parole
from a California sentence and a sentence of another
jurisdiction who is being supervised in a California
community pursuant to the Uniform Act for Out-of-State
Parole Supervision (Penal Code sections 11175-11179).

(4) Adjusted Maximum DSL Date. This date is computed
by adding any at large time to the unadjusted maximum DSL
date.
(5) Agent. See Parole Agent.

(16) Case Conference. A documented conference between
a parole agent and his supervisor to discuss a parolee's
behavior.

(6) Asylum State. The state other than California in which
a parolee-at-large (PAL) is in custody.
(7) Battered Woman Syndrome. Evidence of the effects of
physical, emotional, or mental abuse upon the beliefs,
perceptions, or behavior of victims of domestic violence
where it appears the criminal behavior was the result of that
victimization.

(17) Central File. A master file maintained by the
department containing records regarding each person
committed to its jurisdiction. This file is maintained by the
institution or parole region to which the person is assigned.
See department regulations for the specific contents of this
file.

(8) Board. See Board of Parole Hearings.
(9) Board Action. An official decision of the board in an
individual case.

(18) Central Office. The board office in Sacramento.
(19) Central Office Calendar. The central office calendar is
composed of commissioners or deputy commissioners as
designated by the chairman. They are authorized to make
decisions regarding matters reported to the board, including
the decision to order a hearing scheduled.

(10) Board of Parole Hearings (BPH). The administrative
board responsible for setting parole dates, establishing parole
length and conditions, discharging sentences for certain
prisoners and parolees; granting, rescinding, suspending,
postponing, or revoking paroles; conducting disparate
sentence reviews; advising on clemency matters; and
handling miscellaneous other statutory duties. Persons under
the board's jurisdiction are all adult felons committed by
superior courts to the Director of Corrections under Penal
Code sections 1168 and 1170 and all adult felons sentenced
under the Indeterminate Sentence Law.

(20) Central Office File. A folder maintained by the
department's Chief Records Administrator in Sacramento
regarding each felon. The file contains copies of some
records
and
correspondence
accumulated
during
commitment.
(21) Central Office Hearing Coordinator. The board
employee at the central office who is responsible for
schedules, attorney appointments, and other services related
to hearings.

(11) Briggs Initiative: Proposition 7, November 7, 1978
general election, specifying new minimum eligible parole
release dates for first and second degree murders, effective
November 8, 1978.

(22) Chairperson. The administrative head of the board
who is designated by the Governor pursuant to Penal Code
section 5075.

(12) C&PR. Classification and Parole Representative: the
department employee at each prison who has been designated
to be that prison's liaison with the board. Such designation
shall be made by the Director of Corrections after
consultation with the board.

(23) Commissioner. An official of the board appointed by
the Governor pursuant to Penal Code Section 5075.
(24) Community Release Board (CRB). The name of the
Board of Parole Hearings prior to the name change effective
January 1, 1980. Any references to Community Release
Board apply to the Board of Parole Hearings.

(13) California Agency Parolee. A felon released from
confinement in a California prison to supervision in a
California community who subsequently is within the
custody of any agency of the State of California or any
subdivision thereof except the Department of Corrections.

(25) Concurrent Parolee. A prisoner on parole from a
California sentence and a sentence of another jurisdiction
who is being supervised in a state other than California
pursuant to the Uniform Act for Out-of-State Parole
Supervision (Penal Code sections 11175-11179).

(14) California Agency Prisoner. A prisoner who has been
transferred from the custody of the Director of Corrections to

8 

TITLE 15

Board of Parole Hearings 

(26) Concurrent Prisoner. A California prisoner, also under
sentence of another state, who is concurrently serving both
sentences in a penal institution of the other state.

(41) District Administrator. A parole administrator in the
P&CSD with supervisory and managerial responsibilities.
(42) District Hearing Agent (DHA). The P&CSD staff
person responsible for application of specific procedures
pertaining to the parole revocation hearing process; the
primary liaison between the P&CSD and the board in matters
and procedures pertaining to the parole revocation hearing
process.

(27) Conditions of Parole. The specific conditions under
which a prisoner is released to parole supervision.
(28) Consecutive Prisoner. A California prisoner, also
under sentence of another state, who is confined in a penal
institution of the other state and whose California term shall
commence upon completion of the other state's sentence.

(43) Effective Discharge Date. The effective discharge date
is the latest date on which the jurisdiction of the board and
the department over the individual expires.

(29) Consecutive Term. Pursuant to amendments to Penal
Code Section 669, effective January 1, 1979, a life term may
be imposed consecutive to a determinate term.

(44) Evidentiary Witness. An evidentiary witness is a
person who perceived, reported on, or investigated an event
material to the proceeding. An event material to a proceeding
is an act or omission allegedly committed by the prisoner or
parolee which is a basis for the proceeding. An evidentiary
witness is one whose expected testimony either supports or
refutes an act or omission allegedly committed by the parolee
or prisoner.

(30) Cooperative Parolee. A felon released from
confinement in a California prison to supervision in a state
other than California pursuant to the Uniform Act for Out-ofState Parole Supervision (Penal Code sections 11175-11179).
(31) Coordinator Staff. Department (institution and
P&CSD) and board staff who coordinate parole
postponement, rescission, and revocation hearings.

(45) Federal Concurrent Prisoner. A California prisoner,
also under sentence of the United States, who is concurrently
serving both sentences in a federal institution.

(32) CRC. California Rehabilitation Center: a control and
treatment institution for civilly committed narcotic addicts.
(33) Criminal conduct. Conduct constituting a felony or
misdemeanor under federal, state, or county law.

(46) Federal Consecutive Prisoner. A California prisoner,
also under sentence of the United States, who is confined in a
penal institution of the United States and whose California
term shall commence upon completion of the United States'
sentence.

(34) Cum. Sum. Cumulative Case Summary: the permanent
and cumulative summary of specific portions of the record
maintained by the department regarding each prisoner from
reception to discharge.

(47) Federal Contract Prisoner. A California prisoner who
is confined in a federal institution pursuant to Penal Code
section 2911.

(35) Department. The Department of Corrections.
(36) Deputy Commissioner. An official of the board
employed pursuant to Penal Code Section 5076.1.

(48) Field File. A working file maintained by a parole unit
office containing information about a parolee and his current
parole.

(37) DSL. Uniform Determinate Sentencing Act of 1976.
Stats. 1976, Chapter 1139 as amended by Stats. 1977,
Chapter 165. This refers to sections of the Penal Code and
other Codes as they became operative July 1, 1977.

(49) Full Board. The commissioners performing the
function of meeting en banc in either public or executive
session. At least five commissioners shall participate when
performing this function and no action shall be valid unless it
is concurred in by a majority vote of those present.

(38) DOP. A difference of opinion regarding a prisoner's or
parolee's case requiring resolution at higher level.
(39) Director of Corrections. The administrative head of
the Department of Corrections appointed by the Governor.
See Penal Code sections 5050 and 5051.

(50) Good Cause. A finding by the board based upon a
preponderance of the evidence that there is a factual basis and
good reason for the decision made.

(40) Dispositional Witness. A dispositional witness is one
whose expected testimony provides information regarding the
overall adjustment of the prisoner or parolee or other factors
to be considered when rendering a disposition in a
proceeding.

(51) Good Time Credit. Credit for a DSL prisoner's good
behavior and participation in prison program received
pursuant to Penal Code section 2930, et seq. Good time credit
advances the DSL release date.

9 

TITLE 15

Board of Parole Hearings 

(52) Hearing. A proceeding at which evidence is received
for use in deciding factual and dispositional questions.

(63) Material Evidence. Evidence which has a substantial
bearing on matters in dispute and legitimate and effective
influence on the decision of a case.

(53) Hearing Panel. One or more persons (commissioners,
deputy commissioners or a combination thereof) assigned to
consider a case or make a decision.

(64) M.R.D.: Maximum Release Date: the latest date on
which a DSL prisoner can be released from confinement.
This date is computed by subtracting preprison credit from
the period of confinement prescribed by the court and adding
this period of time to the reception date. In computing the
maximum release date, good time credit is not subtracted.
This date shall be recomputed to reflect the addition of any
time at large.

(54) Hold. A request by a department employee that a
parolee be held in custody until further notice. A person
under a parole hold is not eligible for bail.
(55) ICC Prisoner. A California prisoner who is confined in
a penal institution of another state pursuant to the Interstate
Corrections Compact (See Penal Code section 11189).

(65) Maximum Term. The longest statutory period of time
an ISL nonlife 1168 or life prisoner may remain under the
jurisdiction of the board.

(56) Incarcerating Jurisdiction. The jurisdiction where a
WICC, ICC, Federal contract, Federal concurrent or
concurrent prisoner is incarcerated.

(66) Minimum DSL Date. The earliest date on which a
DSL prisoner may be released from prison. This date is
computed by subtracting all preprison credit and all possible
good time credit from and adding any at-large-time to the
period of confinement under the DSL and adding this period
of time to the reception date.

(57) Institution Hearing Coordinator. A department
employee assigned to coordinate the rescission process within
that institution.
(58) Interstate Unit. The section of the P & CSD which
coordinates the supervision of California cooperative parolees
and the return of parolees-at-large from asylum states. The
Division of the Department of Corrections which has
responsibility for federal contract, federal concurrent, WICC,
ICC and consecutive prisoners and multijurisdiction parolees
incarcerated in the prison of another jurisdiction.

(67) Minimum Eligible Parole Date (MEPD). The earliest
date on which an ISL or life prisoner may legally be released
on parole. If a prisoner is serving both a life or ISL sentence
and a determinate sentence and the determinate sentence
release date is later than the statutory MEPD for the life or
ISL sentence, the determinate sentence release date is the
MEPD.

(59) ISL. Indeterminate Sentence Law. This refers to
sections of the Penal Code and other Codes as they were
operative prior to July 1, 1977.

(68) Minimum Term. The shortest statutory period of time
an ISL prisoner must remain under the jurisdiction of the
board, including time in prison and on parole.

(60) ISL Release Date. The date on which an ISL prisoner
may be released from confinement pursuant to the ISL. The
release may be a release to parole or a release to discharge.

(69) Multijurisdiction Parolee. Any concurrent, California
concurrent, California agency, or cooperative parolee.

(61) Located in California. A multijurisdiction prisoner is
located in California if he is a federal contract, federal
consecutive or federal concurrent prisoner incarcerated in a
federal correctional institution located in California; a
California agency prisoner; or an out-to-court prisoner
brought before a California court.

(70) Multijurisdiction Prisoner. Any federal contract,
federal concurrent, federal consecutive, concurrent,
consecutive, California agency, WICC or ICC prisoner.
(71) NAEA. The Narcotic Addict Evaluation Authority: the
releasing authority for persons civilly committed to the
custody of the Director of the Department of Corrections for
treatment of narcotics addiction. See Welfare and Institutions
Code section 3150 et seq.

(62) Located Outside California. A multijurisdiction
prisoner is located outside California if he is a federal
compact, federal consecutive or federal concurrent prisoner
incarcerated in a federal correctional institution located
outside California; a concurrent prisoner; a consecutive
prisoner; a WICC prisoner; an ICC prisoner or an out-tocourt prisoner brought before a court outside California.

(72) Out-to-Court Prisoner. A California prisoner who is
temporarily removed from a department institution to be
brought before a court to be tried for an offense, to be
examined by a grand jury or magistrate, or for any other
proceedings.

10 

TITLE 15

Board of Parole Hearings 

(73) Outpatient Clinic. See POC.

(88) Receiving State. The state which supervises a
cooperative parolee or a concurrent parolee.

(74) P&CSD. Parole and Community Services Division:
department staff who supervise parolees and provide a variety
of field services.

(89) Regional Administrator.
geographical region in the P&CSD.

Administrator

of

a

(75) PAL. Parolee at large: an absconder from parole
supervision, who is officially declared a fugitive by board
action suspending parole.

(90) Regional Hearing Coordinator. The parole agent
assigned to coordinate the revocation process within a
P&CSD region.

(76) Parole Agent. An employee or any of his supervisors
in the Department of Corrections who is assigned to
supervise adult felons and civilly committed addicts released
to the supervision of the P&CSD.

(91) Relevant Evidence. Evidence which tends to prove or
disprove an issue or fact in dispute.

(77) Parolee. A felon released from confinement in state
prison to supervision in the community.

(93) Screening Offer. An offer of a disposition to a parolee
when revocation or revocation extension charges are pending.

(78) Parole Consideration Hearing. Any hearing at which a
prisoner's parole suitability is considered including an initial
parole hearing, subsequent hearing, and rehearing.

(94) Sending State. The state where a concurrent parolee
was imprisoned.

(92) Revocation File. A file containing the documents
pertinent to a particular revocation proceeding.

(95) Slough File. A file supplemental to the central file
containing bulky or seldom needed records.

(79) Parole Hold. See Hold.
(80) Parole Violation. Conduct by a parolee which violates
the conditions of parole or otherwise provides good cause for
the modification or revocation of parole.

(96) Staff Representative. A department employee who
assists the board during a hearing.
(97) Subpoena. A means to secure the attendance of a
witness at a parole revocation or rescission hearing. It is an
order directed to a person requiring that person's attendance
at a particular time and place to testify as a witness.

(81) Parole Violation Extension. An extension of return to
custody time for a parolee in revoked status.
(82) Parole Violator. A parolee who is found to have
violated parole and who may be reconfined pursuant to Penal
Code section 3057. A parolee returned to prison with a new
court commitment is not a parole violator under these rules
even if he has been found in violation of parole.

(98) Subpoena Duces Tecum. A means to secure the
delivery of documentary evidence to parole revocation or
rescission hearings, ordering that person to deliver
documentary evidence at a particular time and place and
testify about that evidence.

(83) POC. Parole Outpatient Clinic: a section of the
P&CSD which provides psychiatric and psychological
treatment and evaluation of parolees.

(99) Unadjusted Maximum DSL Date. This date is
computed by subtracting preprison credit from the period of
confinement under the DSL and adding this period of time to
reception date. In computing the unadjusted maximum good
time credit is not subtracted. This date does not reflect the
addition of any time at large (see Adjusted Maximum DSL
Date).

(84) Preprison Credit. Credit for time in custody as
certified by the court and provided for in Penal Code section
2900.5.
(85) Probable Cause. A state of facts as would lead a
person of ordinary caution and prudence to believe and
conscientiously entertain a strong suspicion that the charges
are true.

(100) Unit File. See field file.
(101) Unit Supervisor. A supervisor of case-carrying agents
in the P&CSD.

(86) Rap Sheet. The “State Summary Criminal History
Information” containing the arrest and dispositional
information defined in Penal Code section 11105.

(102) WICC Prisoner. A California prisoner who is
confined in a penal institution of another state pursuant to the
Western Interstate Corrections Compact. (See Penal Code
Section 11190.)

(87) RC. Reception center: an institution designated by the
director as a center for the reception of prisoners newly
committed to the Department of Corrections.

(103) Work-Time-Credit: A reduction of the time served
for performance in work, training or education programs.

11 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Sections 3041, 3052 and 5076.2, Penal
Code. Reference: Sections 187, 189, 205, 209, 217.1, 219,
664, 667.51(c), 667.7, 667.75, 669, 2933, 3041, 3046, 3056,
3057, 3060, 4500, 4801, 5075, 5076.1 and 12310, Penal
Code; Section 1672(a), Military and Veterans Code; and
Initiative, Proposition 7, November 7, 1978, General
Election.

17. New subsection (b)(8), subsection renumbering, and
amendment of Note filed 3-16-2001 as an emergency;
operative 3-16-2001 (Register 2001, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-16-2001 or
emergency language will be repealed by operation of law on
the following day.
18. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).

HISTORY
1. Repealer of Division 2 (Sections 2000-2725) and new
Division 2 (Sections 2000-2819) filed 7-5-77 as an
emergency; effective upon filing (Register 77, No. 28). For
history of former Division 2, see Register 76, No. 21.

19. Amendment filed 1-23-2003; operative 1-23-2003
pursuant to Government Code section 11343.4 (Register
2003, No. 4).

2. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

20. Amendment of subsection (b)(22), new subsection (b)(49)
and amendment of Note filed 10-14-2003; operative 11-132003 (Register 2003, No. 42).

3. Certificate of Compliance as to 7-5-77 filing filed 10-28-77
(Register 77, No. 44).

21. Amendment of subsections (b)(1)-(2) and new
subsections (b)(3)(N)-(O) filed 5-13-2004 as an emergency;
operative 5-17-2004 (Register 2004, No. 20). A Certificate of
Compliance must be transmitted to OAL by 9-14-2004 or
emergency language will be repealed by operation of law on
the following day.

4. Amendment filed 2-17-78; effective thirtieth day thereafter
(Register 78, No. 7).
5. Amendment of subsection (b) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

22. Amendment of subsections (b)(1)-(2) and new
subsections (b)(3)(N)-(O) refiled 9-13-2004 as an emergency;
operative 9-13-2004 (Register 2004, No. 38). A Certificate of
Compliance must be transmitted to OAL by 1-11-2005 or
emergency language will be repealed by operation of law on
the following day.

6. Editorial correction (Register 79, No. 38).
7. Amendment of subsection (b) filed 10-25-79; effective
thirtieth day thereafter (Register 79, No. 43).
8. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).

23. Amendment of subsections (b)(1)-(2) and new
subsections (b)(3)(N)-(O) refiled 1-6-2005 as an emergency;
operative 1-11-2005 (Register 2005, No. 1). A Certificate of
Compliance must be transmitted to OAL by 5-11-2005 or
emergency language will be repealed by operation of law on
the following day.

9. New subsection (a)(9) filed 5-1-80; effective thirtieth day
thereafter (Register 80, No. 18).
10. Amendment of subsection (b) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).
11. Amendment of subsection (b) filed 3-7-84; effective
thirtieth day thereafter (Register 84, No. 10).

24. Certificate of Compliance as to 1-6-2005 order
transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register
2005, No. 25).

12. Amendment of subsection (b) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

25. Change without regulatory effect amending division
heading and subsections (b)(8), (b)(10) and (b)(24) filed 8-62013 pursuant to section 100, title 1, California Code of
Regulations (Register 2013, No. 32).

13. Amendment of subsection (b) filed 3-11-87; effective
thirtieth day thereafter (Register 87, No. 11).
14. Amendment of subsection (b) filed 1-20-88; operative 219-88 (Register 88, No. 5).

Article 2. Personnel [Repealed]

15. Amendment of subsection (b) filed 1-19-90; operative 218-90 (Register 90, No. 5).

HISTORY

16. New subsection (b)(33) and subsection renumbering filed
9-23-96; operative 10-23-96 (Register 96, No. 39).

1. Repealer of article 2 (section 2005 and Appendix) filed 712-2006; operative 8-11-2006. Approved by Fair Political
Practices Commission 5-24-2006 (Register 2006, No. 28).

12 

Board of Parole Hearings 

TITLE 15

Article 3. Policy Making Procedures

(a) All regulations adopted by the board shall be filed and
made public and shall be in language easily understood by the
general public. When promulgating regulations, the board
shall comply with the Administrative Procedure Act and shall
maintain and publish a compendium of regulations.

§ 2015. Board Meetings. [Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.1, Penal Code.
HISTORY

(b) Individual Cases. Public comment in individual cases
shall be considered under the procedures established in this
article.

1. Amendment of section title filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.1, Penal Code.

2. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2016. Adoption of Policy and Procedures: The Board
Rules. [Repealed]

HISTORY
1. Repealer of Article 4 (Sections 2025-2030) and new
Article 4 (Sections 2025-2029) filed 2-17-78; effective
thirtieth day thereafter (Register 78, No. 7). For prior history,
see Register 77, No. 44.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.2, Penal Code.
HISTORY

2. Amendment of subsection (a) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).
§ 2026. Summary of the Administrative Procedure Act.
[Repealed]

1. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
2. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2017. Administrative Directive.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.2, Penal Code and Sections 1142011427, Government Code.

(a) General. An Administrative Directive is a communication
from the chairman concerning any information the chairman
feels should be disseminated. An Administrative Directive
may be signed by the chairman, vice-chairman or the
executive officer.

HISTORY
1. Amendment of subsection (b) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

(b) Internal Communications. The Administrative Directive
may be used for the following internal communications:

2. Amendment of subsection (a) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

(1) Information concerning personnel changes, court
decisions and other information which does not change
procedures.

3. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2027. Public Participation in Rulemaking.

(2) Changes in forms and instructions regarding the use and
distribution of forms.

(a) Informal Petition. Any interested person may inquire or
make suggestions concerning the regulations by writing to the
executive officer of the board.

(c) Emergency Rules. The Administrative Directive may be
used to implement emergency rules which are adopted under
the emergency provisions of the Administrative Procedure
Act.

(b) Formal Petition. Any interested person may petition the
board requesting the adoption, amendment, or repeal of a
regulation. The petition shall state clearly and concisely the
substance or nature of the regulation, amendment, or repeal
requested, the reason for the request, and reference to the
authority of the board to take the action requested. Upon
receipt of a petition requesting the adoption, amendment, or
repeal of a regulation, the board shall within 30 days deny the
petition in writing, stating the reasons, or schedule the matter
for public hearing.

HISTORY
1. Repealer of subsection (b)(3) filed 12-22-82 by OAL
pursuant to Government Code Section 11349.7(j) (Register
82, No. 52).

Article 4. Public Participation
§ 2025. Regulations.

13 

TITLE 15

Board of Parole Hearings 

(c) Court Review. Any interested person may bring an action
for declaratory relief pursuant to the provisions of the Code
of Civil Procedure.
§ 2028. Public Comment in Individual Cases.

(b) Notification and Appearance, Next of Kin. The next of
kin and immediate family members shall be entitled to
notification and to appear under this section in the following
order:
(1) spouse

(a) General. Any person may submit information concerning
any prisoner or parolee and the offenses. Written comments
from the public shall be directed to the executive officer of
the board who shall forward the comments to the prisoner's or
parolee's central file for the consideration of future hearing
panels. The board shall consider, in deciding whether to
release a prisoner on parole, all information received from the
public.

(2) children
(3) parents
(4) siblings
(5) grandchildren
(6) grandparents
If one person qualifies as the next of kin, he or she shall be
entitled to notice and appearance under this section.

(b) Proposed Decisions. Any person may submit information
which was not available to the hearing panel or comments on
a proposed decision. Comments or new information shall be
submitted to the executive officer who shall forward the
information to the decision review unit and to the prisoner,
parolee, district attorney and prisoner or parolee's attorney.
The comments shall be incorporated into the hearing record
and considered before the decision is effective. If information
submitted may substantially affect the decision, it shall be
submitted to the board review committee for disposition in
accordance with section 2041.

(c) Notification and Appearance, Immediate Family
Members. If there is no next of kin, immediate family
members shall be entitled to notification and to appear under
this section in the order specified in subsection (b).
Up to two persons of the categories in descending order are
entitled to notice and to appear. More than two persons may
appear with the prior approval of a panel member, the
chairman, or the executive officer.
(d) Representation by Counsel. The victim, next of kin, or
immediate family members may appear personally or be
represented by counsel. If counsel and client both attend the
hearing, only one may appear by making a statement or
addressing the panel.

Note: Authority cited: Sections 3041 and 3052, Penal Code.
Reference: Sections 3042 and 3043.5, Penal Code; In re Fain
(1976) 65 Cal.App.3d 376.
HISTORY

(e) Support Persons. Victims, next of kin, or immediate
family members attending hearings may be accompanied by
one support person of his or her own choosing who shall not
participate in the hearing nor make comments while in
attendance. In order for such person to be admitted to the
hearing, the person requesting support shall advise the board
of the name of the support person at the time he or she
informs the board of his or her intention to attend.

1. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
2. Amendment of subsection (a) filed 3-11-87; effective
thirtieth day thereafter (Register 87, No. 11).
3. Amendment of subsection (b) filed 1-19-90; operative 218-90 (Register 90, No. 5).
4. Editorial correction of printing error in subsection (b)
(Register 91, No. 29).
§ 2029. Victims, Next of Kin, and Immediate Family
Members at Hearings.

(f) Audio or Video Tapes. In lieu of personal appearance, any
victim, next of kin, or immediate family member may submit
an audio taped (cassette) or video taped (VHS format)
statement, not to exceed 15 minutes in length, to the
Classification and Parole Representative of the appropriate
institution three weeks before the hearing for consideration
by the hearing panel. [The Classification and Parole
Representative shall advise the executive officer of the
receipt of any such tape and transcript.] Material submitted
after this deadline need not be considered. A written
transcript must accompany an audio or video taped statement.
The tape and transcript shall be placed in the prisoner's

(a) Notice to Board. Victims or, if the victim has died, the
next of kin or immediate family members may, upon request
to the Board of Prison Terms, receive notification of any
parole consideration hearing, to review or consider the parole
suitability or the setting of a parole date for any prisoner in a
state prison, so that an opportunity to make a statement is
afforded them. The Board shall notify each such person who
has informed it of his or her address at least 30 days prior to
the hearing date.

14 

TITLE 15

Board of Parole Hearings 

central file. The person submitting the tape may request at the
time of any subsequent hearing that the board reconsider the
tape.

parolee to participate in any board hearing when the prisoner
or parolee is represented by an attorney.
(2) Extended Term Hearings. A representative of the
Attorney General or the district attorney of the county from
which the prisoner was committed may participate in any
extended term hearing for that prisoner.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3043, 3043.1, 3043.2, 3043.3, 3043.5,
5075 and 5076.1, Penal Code; and Section 11120,
Government Code.

(3) Parole Consideration and Rescission Hearings for Life
Prisoners. A representative of the district attorney of the
county from which a life prisoner was committed may
participate in any parole consideration or rescission hearing
for that prisoner. If the Attorney General prosecuted the case
for the county, or if the district attorney cannot appear
because of a conflict, the Attorney General may appear and
participate in the hearing for the district attorney.

HISTORY
1. Amendment filed 8-17-78; effective thirtieth day
thereafter. Filed in the week of Register 78, No. 33, this
amendment is printed in Register 78, No. 41 for technical
reasons (Register 78, No. 41).
2. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).

(b) Notification Requirements. Notice that a hearing will be
held shall be given to the prosecutor at least 30 days before
the hearing. If the prosecutor wishes to participate in the
hearing he shall, at least two weeks before the hearing, notify
the institution hearing coordinator that a representative will
attend. The prisoner's attorney shall be notified that a
prosecutor will attend.

3. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).
4. Amendment of section heading, subsection (a) and Note
and new subsections (b)-(f) filed 4-24-92; operative 5-25-92
(Register 92, No. 19).
§ 2029.1. Visitors and Observers at Hearings.
Visitors and observers may attend individual case hearings if
prior permission has been obtained from any commissioner,
deputy commissioner, person assigned to the hearing panel,
the chairman, or the executive officer, subject to the authority
of the hearing panel to exclude visitors and observers upon
the request of the prisoner or parolee or upon the panel's own
motion. Attendance may be permitted only for educational or
informational purposes. Persons having a personal interest in
the case shall disclose that interest when requesting
permission to attend. Visitors and observers may not
participate in the hearing except to review written records as
permitted by law.

(c) Prehearing Procedures. The prosecutor may review the
prisoner's central file and submit any relevant documents
including the Appellant's and Respondent's Statements of the
Case and Statements of Facts filed in any appeal that may
have been taken from the judgment. Any information which
is not already available in the central file shall be submitted
in writing to department staff not later than ten days before
the hearing. Failure to submit new information as provided in
this section may result in exclusion of the information at the
hearing.
As soon as administratively feasible department staff shall
forward to the prisoner or his attorney copies of any
documents submitted by the prosecutor. Department staff
shall forward to the prosecutor copies of all documents
provided to the prisoner or his attorney.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3043, 3043.1, 3043.2, 3043.3, 3043.5,
5075 and 5076.1, Penal Code; and Section 11120,
Government Code.

(d) Hearing Procedures.

HISTORY

(1) Procedures. The presiding hearing officer shall specify
the hearing procedures and order in which testimony will be
taken. The hearing officer shall ensure throughout the hearing
that unnecessary, irrelevant or cumulative oral testimony and
statements are excluded.

1. New section created and amended from second paragraph
of section 2029 filed 4-24-92; operative 5-25-92 (Register 92,
No. 19).
§ 2030. Prosecutor Participation.
(a) Hearings in Which Prosecutors May Participate.

(2) Role of the Prosecutor. The role of the prosecutor is to
comment on the facts of the case and present an opinion
about the appropriate disposition. In making comments,
supporting documentation in the file should be cited. The

(1) General. Except as otherwise provided in this section,
the Chairman or Executive Officer may permit a
representative of the office which prosecuted a prisoner or

15 

TITLE 15

Board of Parole Hearings 

prosecutor may be permitted to ask clarifying questions of the
hearing panel, but may not render legal advice.

The executive officer shall notify the designated media
representatives at least three working days before the hearing.

Note: Authority cited: Sections 3041 and 3052, Penal Code.
Reference: Sections 1170.2 and 3041.7, Penal Code.

An electronic sound recording of the hearing may be made.
The hearing panel may exclude any media representative for
cause and shall exclude all media representatives while
confidential materials are discussed at the hearing.

HISTORY
1. New section filed 7-21-78 as an emergency; effective upon
filing (Register 78, No. 29).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041 and 3060, Penal Code; Section
11126, Government Code.

2. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).

HISTORY

3. Amendment of subsection (a)(3) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

1. New section filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).

4. Amendment of subsections (c) and (d)(1) filed 1-19-90;
operative 2-18-90 (Register 90, No. 5).
§ 2031. Media Representatives at Hearings.

2. Amendment filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
3. Amendment filed 6-14-84; effective thirtieth day thereafter
(Register 84, No. 24).

Representatives of newspapers and wire services may attend
life parole consideration, rescission, revocation, and
revocation extension hearings. Requests to attend a particular
hearing shall be submitted to the executive officer no later
than three working days before the hearing. Requests to
attend life prisoner parole hearings may be submitted no
earlier than two working days after the date of issuance of the
monthly notice of hearings. The executive officer shall
determine the number of media representatives who may
attend the hearing after considering the custody and security
requirements of the department and the space reasonably
available at the prison or other incarcerating jurisdiction.

4. Editorial correction of NOTE No. 3 amending filing date
from 6-14-83 to 6-14-84. (Register 91, No. 11).
5. Amendment filed 2-4-91; operative 3-6-91 (Register 91,
No. 11).
§ 2032. Television and Radio Coverage of Parole
Hearings.
(a) General. Representatives of television and radio stations
may attend individual case hearings.
(b) Television and radio coverage of Board of Prison Terms'
parole hearings will be authorized, unless such coverage
would create a risk to the security of an institution, obstruct
the hearing process, pose a risk to the personal safety of any
person, or have the potential for prejudicing judicial
proceedings, and subject to the following provisions:

If the number of media representatives requesting permission
to attend the hearing exceeds the number who will be
permitted, the executive officer shall submit to the Capital
Correspondents Association of Sacramento (Association) the
names of the representatives wishing to attend. The
Association shall consider the need for national, statewide
and local coverage and recommend who should be permitted
to attend the hearing. The Association shall submit its
recommendation to the executive officer. The executive
officer shall decide which media representatives will be
permitted to attend.

(1) Access to Institutions. Access to Department of
Corrections' institutions and local county jails shall be
governed by the rules of the Director of Corrections or the
local county sheriff notwithstanding any provisions contained
in these rules.
(2) Request for Television or Radio Coverage of Parole
Hearings. All requests for coverage of parole hearings shall
be made to the executive officer of the board no later than
three working days before the hearing. Requests to attend life
prisoner parole hearings may be submitted no earlier than two
working days after the date of issuance of the monthly notice
of life prisoner hearings. The request shall specify the name
of the prisoner for whom the hearing will be conducted.
Requests for coverage on a blanket basis will not be honored.
Persons whose requests are not timely will not be considered

If the executive officer disapproves the Association's
recommendations or if the Association has not recommended
media representatives no later than four working days before
the hearing, the executive officer shall decide who will be
permitted to attend. The executive officer shall make the
designation considering the need for national, statewide and
local representation.

16 

TITLE 15

Board of Parole Hearings 

for entry into the hearing room or for participation in the
pooling arrangement.

(D) Video and audio equipment shall not be placed in or
removed from the hearing room except before or after the
hearing or during a normal recess.

(3) Decisions to Authorize Television and Radio Coverage
of Parole Hearings. The executive officer of the board may
authorize television and radio coverage of parole hearings.

(E) Television or radio personnel from the designated
station or network shall assume an assigned, fixed position in
the hearing room and shall act in a manner so as not to call
attention to his activities. Camera persons shall not be
permitted to move about during the hearing.

(A) The executive officer of the board will grant
authorization for television and radio coverage of a parole
hearing to the station or network representative who makes
the earliest request. Timely requests from more than one
station or network will require the establishment of a pooling
arrangement. If space limitations prevent the presence of both
television and radio personnel in the hearing room,
preference will be given to television personnel because of
television's need for video equipment. Any television station
or network given such preference will provide pooling
services to any television or radio personnel denied entry to
the hearing room.

(F) Television and radio coverage of parole hearings by
station and network personnel shall be conducted so as not to
create a risk to the security of an institution, obstruct the
hearing process, pose a risk to the personal safety of any
person or have the potential for prejudicing judicial
proceedings.
(6) Excluding and Restricting Television and Radio
Personnel at Board of Prison Terms' Hearings.
(A) Television and radio personnel may be excluded
from or restricted in their attendance at parole hearings by the
executive officer of the board or a board hearing panel when
the presence of such personnel would create a risk to the
security of an institution, obstruct the hearing process, pose a
risk to the personal safety of any person or have the potential
for prejudicing judicial proceedings.

(B) As a condition to granting authorization for
television or radio coverage of a parole hearing the executive
officer of the board may request that a copy of any recording
made of the hearing be furnished to the board without cost.
(C) The executive officer of the board or a board hearing
panel may deny, limit or terminate coverage of a hearing.
(4) Pooling Arrangements Among Television and Radio
Representatives. All television and radio representatives who
make a timely request to attend a hearing shall be provided
with pool services. The station or network designated to be in
the hearing room shall provide the service. Pooling
arrangements among representatives shall be the
responsibility of the station or network designated to be in the
hearing room. In the absence of a pooling agreement or in the
event of unresolved disputes relating to pooling agreements,
the executive officer or a board hearing panel may deny, limit
or terminate all or a portion of the coverage.

(B) To protect the attorney-client privilege and the right
to effective assistance of counsel, there shall be no audio
coverage of conferences between the prisoner and his
attorney.
(C) There shall be no coverage of any portion of the
hearing which is closed by the panel members, including but
not limited to deliberations.
(D) There shall be no coverage of any portion of the
hearing which is deemed confidential pursuant to California
Code of Regulations, Title 15, Sections 2087 (d)(1) and
3321(a).

(5) Television and Radio Coverage Standards: Equipment
and Personnel. Equipment that does not produce distracting
sound or light shall be employed to cover parole hearings.

(7) Objections to Television or Radio Coverage at Board of
Prison Terms' Parole Hearings.

(B) There shall be no modification or additions to
lighting fixtures in the hearing rooms.

(A) The consent of the prisoner or his attorney shall not
be required for television or radio coverage of a parole
hearing. However, the prisoner or the prisoner's attorney may
request that the hearing panel deny, limit or terminate
television or radio coverage.

(C) No light or signal which is visible or audible to the
hearing participants shall be used on any equipment to
indicate whether it is operating.

(B) Objections to television or radio coverage of a
hearing by a prisoner or his attorney shall be considered on a
case by case basis recognizing that prisoners do not have an

(A) Equipment from the designated station or network
only shall be permitted into the hearing room.

17 

TITLE 15

Board of Parole Hearings 

inherent right to restrict television or radio coverage of a
parole hearing.

signed by the panel. P&CSD shall immediately implement
the decision. A decision may be reviewed within 10 days by
the decision review unit. If the decision review unit
disapproves the decision and orders a new hearing, the
parolee shall be notified and, if necessary, the parole agent
shall place a hold following the criteria of §§ 2600-2602. If
the decision review unit modifies the decision without a new
hearing, the parole agent shall implement the modified
decision immediately.

(C) In determining whether or not to grant an objection
to television or radio coverage the executive officer or the
hearing panel shall make its determination based on whether
television or radio coverage of the hearing would create a risk
to the security of the institution, obstruct the hearing process,
pose a risk to the personal safety of any person or have the
potential for prejudicing judicial proceedings.

(c) Decision Review Unit. The decision review unit shall be
composed of at least one deputy commissioner as designated
by the chairperson except as otherwise provided in this
section.

Note: Authority cited: Sections 3041 and 3052, Penal Code.
Reference: Sections 3041 and 3060, Penal Code; Sections
11126 and 11342.2, Government Code.
HISTORY

(d) Review of Decisions from Mentally Disordered Offender
Hearings. Proposed decisions made at Mentally Disordered
Offender Certification, Placement, and Annual Review
Hearings shall be implemented immediately by staff from the
Department of Mental Heath, P&CSD and the board. The
decision shall be reviewed by the chief deputy commissioner
or a designee. Within 20 days of the hearing, the chief deputy
commissioner may: (i) affirm the proposed decision, (ii)
order a new hearing, or (iii) modify the decision without a
new hearing. No decision shall be modified without a new
hearing if the modification would be adverse to the interests
of the parolee. If the chief deputy commissioner disapproves
the decision and orders a new hearing, the parolee shall be
notified and, if necessary, the parole agent shall place a hold
following the criteria specified in §§ 2600-2602. If the chief
deputy commissioner modifies the decision without a new
hearing, staff from the Department of Mental Health, P&CSD
and the board shall implement the modified decision
immediately. Decisions subject to this subdivision shall be
given an effective date not later than 20 days from the
hearing, unless expedited under subdivision (k).

1. New section filed 6-14-84; effective thirtieth day thereafter
(Register 84, No. 24).
2. Amendment of subsections (b)(6)(D) and (b)(7)(A) filed 119-90; operative 2-18-90 (Register 90, No. 5).

Article 5. Individual Case Decisions
§ 2040. Lifer Decisions, Public Threat.
Board decisions as to parole suitability shall include a
statement that the board has reviewed all information
received from the public and its conclusion as to whether the
person would pose a threat to the public if released on parole.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3043.5, Penal Code.
HISTORY
1. Repeal of Article 5 (Sections 2040-2045) and new Article
5 (Sections 2040-2044) filed 2-17-78; effective thirtieth day
thereafter (Register 78, No. 7).
2. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
3. New section filed 3-11-87; effective thirtieth day thereafter
(Register 87, No. 11).
§ 2041. Review of Proposed Decisions.

(e) Review of Decisions from Sexually Violent Predator
Probable Cause Hearings. Proposed decisions from probable
cause hearings under the Sexually Violent Predator Program
shall be implemented immediately by staff from the
Department of Mental Health, P&CSD, and the board. The
decision shall be reviewed by the chief deputy commissioner
or a designee. Within 10 days of the hearing, the chief deputy
commissioner may: (i) affirm the proposed decision, (ii)
order a new hearing, or (iii) modify the decision without a
new hearing. No decision shall be modified without a new
hearing if the modification would be adverse to the prisoner's
interests. If the chief deputy commissioner disapproves the
decision and orders a new hearing, the prisoner shall be

(a) General. Board decisions, except decisions made at
documentation hearings and decisions which do not require a
hearing, are proposed decisions and shall be reviewed prior to
their effective date in accordance with the following
procedures. Except as provided in subdivision (j), an order
for a new hearing vacates a proposed decision. Any other
board decision may be reviewed after its effective date as
provided in these rules or as specified by the chairperson.
(b) Review of Decisions at Revocation Hearings. Decisions
made at revocation hearings shall be effective on the date

18 

TITLE 15

Board of Parole Hearings 

notified and, if necessary, the parole agent shall place a hold
following the criteria specified in §§ 2600-2602. If the chief
deputy commissioner modifies the decision without a new
hearing, staff from the Department of Mental Health, P&CSD
and the board shall implement the decision immediately.
Decisions subject to the subdivision shall be given an
effective date no later than 10 days from the hearing.

(h) Review of Life Prisoner Decisions. Proposed decisions
made at hearings for prisoners serving a sentence of life with
the possibility of parole may be reviewed by the chief counsel
or a designee. Grants of parole shall be reviewed by the chief
counsel or a designee. A random sample of parole denials, as
determined by the Board, shall be reviewed by the chief
counsel or a designee. Within 110 days of the hearing, the
chief counsel, or a designee, may: (i) affirm the proposed
decision, (ii) order a new hearing, or (iii) modify the
proposed decision without a new hearing. No decision shall
be modified without a new hearing if the decision would be
adverse to the prisoner's interest. If any new information is
received by the chief counsel or a designee that is adverse to
a life prisoner, the new information will be forwarded to the
prisoner and the prisoner's attorney. The prisoner and the
attorney will be afforded an opportunity to respond in writing
within a reasonable amount of time to the new information.
In cases where the chief counsel recommends a modification
where the decision is adverse to the prisoner's interest, the
matter shall be referred to the full board for en banc review.
No proposed decision shall be referred for a new hearing
without a majority vote of the board following a public
hearing. Before the matter is referred to the full board for
review, the chief counsel or designee shall consult with the
commissioners who conducted the hearing. Any proposed
decision of the panel shall become final within 120 days of
the hearing.

(f) Review of ISL Parole Consideration and Rescission
Hearings. Proposed decisions made at ISL Parole
Consideration and Rescission Hearings shall be reviewed by
the chief counsel or a designee. Within 90 days of the
hearing, the chief counsel may: (i) affirm the proposed
decision, (ii) order a new hearing, or (iii) modify the
proposed decision without a new hearing. No decision shall
be modified without a new hearing if the decision would be
adverse to the prisoner's interest. In cases where the chief
counsel recommends a modification where the decision is
adverse to the prisoner's interest, the matter shall be referred
to the full board for review. No proposed decision shall be
referred for a new hearing without a majority vote of the
board following a public hearing. Before the matter is
referred to the full board for review, the chief counsel or
designee shall consult with the panel members who
conducted the hearing. If any new information is received by
the chief counsel or a designee that is adverse to a life
prisoner, the new information will be forwarded to the
prisoner and the prisoner's attorney. The prisoner and the
attorney will be afforded an opportunity to respond in writing
within a reasonable amount of time to the new information.
Any proposed decision of the panel shall become final within
120 days of the hearing.

(i) New Hearings. For purposes of this section, the
modification of a decision which would be adverse to the
prisoner's or parolee's interest is one which would result in
the denial of release from custody or require a longer period
of confinement.

(g) Review of Serious Offender Hearings (Penal Code §
1170.2(b)). Proposed decisions made at Serious Offender
Hearings shall be reviewed by the chief counsel or a
designee. Within 60 days of the hearing, the chief counsel
may: (i) affirm the proposed decision, (ii) order a new
hearing or (iii) modify the proposed decision without a new
hearing. No decision shall be modified without a new hearing
if the modification would be adverse to the prisoner's interest.
If any new information is received by the chief counsel or a
designee that is adverse to the prisoner, the new information
will be forwarded to the prisoner and the prisoner's attorney.
The prisoner and the attorney will be afforded an opportunity
to respond in writing within a reasonable amount of time to
the new information. Decisions subject to the subdivision
shall be given an effective date no later than 60 days from the
hearing.

(j) Waiver of New Hearing. In cases where a new hearing is
ordered, the prisoner or parolee is entitled to waive the right
to the hearing and accept the modification suggested by the
reviewing authority. In cases where the prisoner or parolee
was represented by an attorney at the hearing, the prisoner
shall be afforded 10 days to consult with counsel prior to the
execution of the agreement to the proposed modification and
the waiver of right to a hearing.
(k) Expedited Review. Any proposed decision which would
result in the immediate release of a prisoner or parolee except
one affecting a life prisoner, shall be reviewed, given an
effective date, and released no later than 10 days from the
date of the hearing.
(l) Split Vote. Any split vote on an ISL hearing panel shall be
referred to the next immediate panel for another hearing.

19 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076.2, Penal Code. Reference:
Sections 1170.2, 2964, 2966, 3041, 3042, 3060, 3063.5,
3063.6, 5075, and 5076.1, Penal Code; and Sections 66006601.3, Welfare and Institutions Code.

Certificate of Compliance must be transmitted to OAL by 1228-2004 or emergency language will be repealed by operation
of law on the following day.
14. Amendment of subsection (j) refiled 12-27-2004 as an
emergency; operative 12-27-2004 (Register 2004, No. 53). A
Certificate of Compliance must be transmitted to OAL by 426-2005 or emergency language will be repealed by operation
of law on the following day.

HISTORY
1. New subsection (b) and relettering of subsections (b)-(f) to
(c)-(g) filed 8-17-78; effective thirtieth day thereafter. Filed
in the week of Register 78, No. 33, this amendment is printed
in Register 78, No. 41 for technical reasons (Register 78, No.
41).

15. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).

2. Amendment of subsection (e) filed 9-21-78 as an
emergency; designated effective 9-25-78. Filed in the week
of Register 78, No. 38, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).

16. Amendment of subsection (h) and Note filed 8-4-2008;
operative 9-3-2008 (Register 2008, No. 32).
§ 2042. Review Criteria.
The purpose of the decision review process is to assure
complete, accurate, consistent and uniform decisions and the
furtherance of public safety. Criteria for disapproval of a
decision include a determination by the board that the panel
made an error of law, or that the panel's decision was based
on an error of fact, or that new information should be
presented to the board, any of which when corrected or
considered by the board, has a substantial likelihood of
resulting in a substantially different decision upon a
rehearing. In deciding if a decision should be approved, board
staff shall review the information available to the panel that
made the decision and any information received as provided
in § 2028.

3. Amendment of subsection (f) filed 10-17-78 as an
emergency; effective upon filing. Filed in the week of
Register 78, No. 42, this amendment is printed in Register 78,
No. 41 for technical reasons (Register 78, No. 41).
4. Certificate of Compliance as to filing of 9-21-78 filed 1229-78 (Register 78, No. 52).
5. Certificate of Compliance filed 3-2-79 as to filing of 1017-78 (Register 79, No. 9).
6. Amendment of subsection (g) and new subsection (h) filed
6-11-79; effective thirtieth day thereafter (Register 79, No.
24).
7. Amendment of subsection (c) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY

8. Amendment of subsections (a)-(c) filed 2-8-80; effective
thirtieth day thereafter (Register 80, No. 6).

1. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

9. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).

2. Amendment of first paragraph and Note filed 9-23-96;
operative 10-23-96 (Register 96, No. 39).

10. Amendment of subsections (c), (d)(2) and Note filed 1220-93; operative 1-19-94 (Register 93, No. 52).

3. Amendment of section and Note filed 10-14-2003;
operative 11-13-2003 (Register 2003, No. 42).
§ 2043. Final Date of Decisions.

11. Amendment of section and Note filed 10-14-2003;
operative 11-13-2003 (Register 2003, No. 42).

Any proposed decision granting, modifying, or denying a
parole date for a life prisoner, exclusive of those made during
Progress Hearings, shall become final no later than 120 days
after the hearing at which the proposed decision was made.
No Life Prisoner shall be released on parole prior to 60 days
from the date of the hearing.

12. Amendment of subsection (j) filed 4-15-2004 as an
emergency; operative 5-1-2004 (Register 2004, No. 16). A
Certificate of Compliance must be transmitted to OAL by 830-2004 or emergency language will be repealed by operation
of law on the following day.
13. Amendment of subsection (j) refiled 8-30-2004 as an
emergency; operative 8-30-2004 (Register 2004, No. 36). A

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041 and 3042, Penal Code.

20 

TITLE 15

Board of Parole Hearings 

HISTORY

1. Repealer of article 6, sections 2050-2057, filed 4-15-2004
as an emergency and operative 5-1-2004; refiled 8-30-2004
and 12-27-2004 as an emergency; Certificate of Compliance
filed 6-8-2005 (Register 2005, No. 53). For prior history of
section 2053, see Register 82, No. 52.

1. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
2. Amendment filed 2-8-80; effective thirtieth day thereafter
(Register 80, No. 6).

Article 7. Multijurisdiction Regulations
§ 2071. Application of BPT Rules to Multijurisdiction
Prisoners and Parolees.

3. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
4. Amendment of section and Note filed 12-20-93; operative
1-19-94 (Register 93, No. 52).

All BPT rules shall apply to all multijurisdiction prisoners
and parolees unless modified by specific multijurisdiction
rules.

5. Amendment of section heading, section and Note filed 1014-2003; operative 11-13-2003 (Register 2003, No. 42).
§ 2044. En Banc Referral.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY

(a) The full board shall review within a maximum of 60 days
from the date of the hearing any proposed decision referred
by a member of the hearing panel who requests the full board
to consider the case, or from the date of receipt of a request
for review by the Governor under the provisions of Penal
Code section 3041.1. The case shall be referred to the
executive officer or chief deputy commissioner for any
preparation which is necessary prior to the meeting.

1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
2. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
§ 2072. Determination of Multijurisdiction Status.
(a) General. For the purpose of determining whether the
multijurisdiction rules apply to any prisoner or parolee, the
determinative factor shall be the individual's custody or
parole status as of the date any board action is taken, or the
date of the assertion of a right.

(b) In reviewing a decision upon the request of the Governor,
a vote in favor of parole by a majority of the current board
members shall be required to grant parole. If a majority of the
board agrees with the decision reached by a majority of the
panel, it shall approve the decision.

(b) Definitions.

(c) If a majority of the board disagrees with the decision
reached by a majority of the panel, the decision is vacated
and the matter shall be scheduled for a new hearing. The
decision from the new hearing shall be the decision in the
case subject to § 2041.

(1) Examples of “board actions” are:
(A) The scheduling of a hearing.
(B) Notification of a hearing or board decision.
(C) A hearing.
(D) A decision made without a hearing.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041 and 3041.1, Penal Code.

(2) Examples of “assertion of a right” are:

HISTORY

(A) An attorney request.

1. Amendment filed 10-25-79; effective thirtieth day
thereafter (Register 79, No. 43).

(B) A central file review request.
(C) A hearing request.

2. Amendment filed 3-11-87; effective thirtieth day thereafter
(Register 87, No. 11).

(D) A rehearing request.
The multijurisdiction rules shall apply to any prisoner or
parolee who becomes a multijurisdiction prisoner or parolee
subsequent to any board action or to the assertion of any
right. The multijurisdiction regulations shall no longer apply
to a prisoner or parolee if the prisoner's or parolee's
multijurisdiction status terminates subsequent to any board
action or to the assertion of any right.

3. Amendment filed 2-4-91; operative 3-6-91 (Register 91,
No. 11).
4. Amendment filed 10-14-2003; operative 11-13-2003
(Register 2003, No. 42).

Article 6. Appeals [Repealed]
HISTORY

21 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 11189(f) and 11190(f), Penal Code.
HISTORY

1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

1. Amendment of subsection (b)(2) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

2. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).

2. Repealer of subsection (b)(2)(C), subsection relettering and
new Note filed 4-15-2004 as an emergency; operative 5-12004 (Register 2004, No. 16). A Certificate of Compliance
must be transmitted to OAL by 8-30-2004 or emergency
language will be repealed by operation of law on the
following day.

3. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
4. Amendment of section heading, section and Note filed 415-2004 as an emergency; operative 5-1-2004 (Register 2004,
No. 16). A Certificate of Compliance must be transmitted to
OAL by 8-30-2004 or emergency language will be repealed
by operation of law on the following day.

3. Repealer of subsection (b)(2)(C), subsection relettering and
new Note refiled 8-30-2004 as an emergency; operative 8-302004 (Register 2004, No. 36). A Certificate of Compliance
must be transmitted to OAL by 12-28-2004 or emergency
language will be repealed by operation of law on the
following day.

5. Amendment of section heading, section and Note refiled 830-2004 as an emergency; operative 8-30-2004 (Register
2004, No. 36). A Certificate of Compliance must be
transmitted to OAL by 12-28-2004 or emergency language
will be repealed by operation of law on the following day.

4. Repealer of subsection (b)(2)(C), subsection relettering and
new Note refiled 12-27-2004 as an emergency; operative 1227-2004 (Register 2004, No. 53). A Certificate of
Compliance must be transmitted to OAL by 4-26-2005 or
emergency language will be repealed by operation of law on
the following day.

6. Amendment of section heading, section and Note refiled
12-27-2004 as an emergency; operative 12-27-2004 (Register
2004, No. 53). A Certificate of Compliance must be
transmitted to OAL by 4-26-2005 or emergency language
will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).
§ 2074. Grievance Coordinator.

5. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).
§ 2073. Grievances for Multijurisdiction Prisoners and
Parolees: General.

(a) Multijurisdiction Prisoner. The grievance coordinator for
multijurisdiction prisoners shall be:

Any multijurisdiction prisoner or multijurisdiction parolee
who is dissatisfied with a decision by the Board regarding
accommodation for a disability as defined in 42 U.S.C.
section 12102 may grieve that decision in accordance with
the process required by the Armstrong v. Schwarzenegger
Revised Permanent Injunction. The prisoner or parolee may
request help from a departmental or board employee or other
party in filing the grievance, and a decision shall be provided
prior to the hearing, if the grievance is received at least five
working days before the scheduled hearing.

(1) Federal compact, federal concurrent, federal
consecutive prisoners; concurrent, consecutive, WICC, and
ICC prisoners: A Classification Staff Representative of the
Interstate Unit.
(2) Out-to-Court and California Agency Prisoners: The
Classification and Parole Representative in the department
institution designated by the department to maintain the
prisoner's central file.
(b) Incarcerated Multijurisdiction Parolees. The grievance
coordinator for multijurisdiction parolees incarcerated in a
penal institution shall be:

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Armstrong v. Schwarzenegger(2002), USDC-ND
(No. C-094-2307-CW); Title II, Americans with Disabilities
Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. sections 12101,
et seq.

(1) Multijurisdiction parolees incarcerated in a department
institution: The Classification and Parole Representative
(C&PR).
(2) Multijurisdiction parolees located in California: A
Classification Staff Representative of the Interstate Unit.

HISTORY

22 

TITLE 15

Board of Parole Hearings 

(3) Multijurisdiction parolees located outside the State of
California: A Classification Staff Representative of the
Interstate Unit.

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(c) Non-incarcerated Multijurisdiction Parolees. The
grievance coordinator for parolees not incarcerated in a penal
institution shall be:

2. Repealer filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

(1) Concurrent parolees and cooperative parolees: A Parole
Agent III or higher of the Interstate Unit.

§ 2080. General. [Repealed]

(2) California concurrent parolees: A Parole Agent III or
higher in the parolee's supervision region.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.

(3) California Agency parolees: A Parole Agent III or
higher in the parolee's supervision region.

HISTORY

Article 8. Information Practices Act

1. New Article 8 (Sections 2080-2088, not consecutive) filed
1-25-78; effective thirtieth day thereafter (Register 79, No.
4).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170(f), 1170.2, 3041, 3060, 11189(f)
and
11190(f),
Penal
Code;
Armstrong
v.
Schwarzenegger(2002), USDC-ND (No. C-094-2307-CW);
Title II, Americans with Disabilities Act of 1990 (ADA), 104
Stat. 328, 42 U.S.C. sections 12101, et seq.

2. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2081. Collection of Information.
(a) Sources. When collecting information from persons other
than the subject of the information the board shall record the
name, title, and address of the source.

HISTORY
1. Amendment of subsections (a)(2) and (b)(3) filed 10-27-77
as an emergency; effective upon filing. Certificate of
Compliance included (Register 77, No. 44).

(b) Notice. Any form used to collect information from the
subject of the information shall include:

2. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

(1) The unit of the board requesting the information;
(2) The title, business address, and telephone number of the
executive officer;

3. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).

(3) The authority for maintaining the information;

4. Amendment of section heading, section and Note filed 415-2004 as an emergency; operative 5-1-2004 (Register 2004,
No. 16). A Certificate of Compliance must be transmitted to
OAL by 8-30-2004 or emergency language will be repealed
by operation of law on the following day.

(4) Whether submission of the information is voluntary or
mandatory;
(5) The consequences, if any, of not providing any or all of
the information;
(6) The principal uses of the information;

5. Amendment of section heading, section and Note refiled 830-2004 as an emergency; operative 8-30-2004 (Register
2004, No. 36). A Certificate of Compliance must be
transmitted to OAL by 12-28-2004 or emergency language
will be repealed by operation of law on the following day.

(7) Any known or
intergovernmental transfers;

6. Amendment of section heading, section and Note refiled
12-27-2004 as an emergency; operative 12-27-2004 (Register
2004, No. 53). A Certificate of Compliance must be
transmitted to OAL by 4-26-2005 or emergency language
will be repealed by operation of law on the following day.

HISTORY

possible

interagency

or

(8) The person's right to review personal information.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.
1. Repealer of subsection (a) and relettering of subsections
(b) and (c) to subsections (a) and (b) filed 12-22-82 by OAL
pursuant to Government Code Section 11349.7(j) (Register
82, No. 52).
§ 2082. O.I.P. Notice.

7. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).
§ 2075. Time Limits on Appeal: Refiling. [Repealed]

23 

TITLE 15

Board of Parole Hearings 

(a) Collecting Information. On June 1 of each year, the
supervisor of each board unit which maintains information on
persons shall submit the following information to the
information practices coordinator:

director, and that the information may be contested by
submitting a request for amendment to the executive officer.
(c) Requests for Review. Any person may review all personal
information concerning that person by submitting a request
for review. The request shall be submitted in writing to the
executive officer who shall arrange the review within 30 days
of the request for active records, 60 days for inactive records.
The person is also entitled to know the sources of the
information, unless the source is confidential, and to review
the accounting of disclosures of information in the file.

(1) The title of each records system maintained;
(2) A brief description of the type of information
maintained and the categories and approximate number of
persons on whom files are maintained in each records system;
(3) The major use of the information;
(4) The retention period and disposal policies;

If the person requesting review is a prisoner or parolee and
the information in the board file is not also in the central file,
copies of the personal information, the identify of sources and
the accountings of disclosures shall be sent to the C&PR or
parole agent, who shall give the copies to the prisoner or
parolee. For other persons requesting review of board files,
the board shall permit a personal review of the file or send
copies of the information if the person lives more than 50
miles from the location of the board files.

(5) The general sources of the information;
(6) The types of persons or agencies to whom the
information is disclosed.
(b) Filing. Upon receipt of the information the Information
Practices Act coordinator shall review the material and
submit the information to the Office of Information Practices
by July 1.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.
§ 2083. Maintenance of Information.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.
HISTORY

(a) General. Each unit of the board shall develop a purge
schedule to ensure its records are accurate, relevant, timely
and complete. Prior to transferring any record outside of state
government, the unit supervisor shall review the file and
correct, update, withhold or delete any information the
supervisor knows or has reason to believe is inaccurate or
untimely.

1. Amendment of subsection (b) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).
§ 2086. Amendment of Records.
(a) General. This section shall not apply to contesting board
hearing decisions or the record of board hearings. Decisions
and records of hearings may only be contested as provided in
Sections 2050-2056. This section shall not apply to
contesting information originated or collected by agencies
other than the board.

All units shall take appropriate safeguards to ensure the
security of the records. Any organization which has a contract
to maintain or use board records shall comply with the
Information Practices Act and these rules.

(b) Initial Request for Amendment. The subject of
information maintained by the board may request an
amendment of the information by submitting a written and
dated request for amendment to the executive officer. The
request for amendment shall include a statement of no more
than two pages explaining which specific information is
claimed to be erroneous and what the correct information is.
The executive officer shall review the request and the record
and within 30 days of the date of receipt of the request either
amend the record or notify the person that the record will not
be changed. Any refusal to amend shall include the reason for
the refusal, the procedures for review of the refusal, and a
statement that the chairman will review the case upon
request.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.
§ 2084. Access to Records.
(a) General. Any person has the right to inquire whether the
board maintains a record containing information about that
person. Inquiries shall be submitted to the executive officer.
All board employees shall cooperate to assist persons making
inquiries.
(b) Responses to Inquiries. If any board unit maintains
information concerning the person, the executive officer shall
notify the person that the board maintains such information,
that all personal information in the file may be reviewed, that
requests for review are to be directed to the executive

24 

TITLE 15

Board of Parole Hearings 

(c) Chairman's Review. Within 30 days of the executive
officer's refusal to amend a record, the person may request
review by the chairman by submitting a request to the
chairman. The chairman shall complete the second review
and issue a final decision within 30 days of the date of receipt
of the request for a second review.

(1) Disclosures.
(A) Personal information may be disclosed to persons
other than the subject of the information as follows:
1. Consent.
a. To anyone if the subject of the information has
given written voluntary consent within 30 days of the
requested disclosure or within the time limits specified in the
consent;

(d) Statement of Disagreement. If the record is not changed
the person may submit to the executive officer a statement of
not more than three pages setting forth the reasons for
disagreement with the information in the file. The executive
officer shall ensure that the statement of disagreement and the
board's reasons for refusing to amend the record are included
with the contested information and accompany any
subsequent disclosure of that information. If the board files
do not contain originals of the contested information, the
board shall retain a copy of the statement and forward the
original to be retained with the original information.

b. To the subject's guardian or conservator upon
adequate verification that the person is the guardian or
conservator;
c. To a member of a committee of the legislature or
to a legislator if the subject has consented to the disclosure.
Consent may be implied if the subject has written to the
legislator requesting information or assistance.
2. Employees. To officials, employees and volunteers
in the board or the department, if the disclosure is necessary
for the performance of their functions and relates to a purpose
for which the information was collected.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.
HISTORY

3. Public Agencies.

1. Amendment of subsection (a) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).
§ 2087. Disclosure of Information.

a. To a person or state agency if the transfer is
necessary for the transferee to perform its statutory or
constitutional duties, the transfer is compatible with a
purpose for which the information was collected, and the
transfer is listed in the OIP Notice;

(a) General. Information about a person and contained in files
maintained by the board shall be disclosed only as provided
in this section. Only personal or confidential information
collected or originated by the board may be disclosed. Any
information contained in board files which was collected or
originated by another agency or department shall not be
disclosed, but the person requesting the information shall be
referred to the originating agency. This section shall not
apply to life prisoner parole consideration files. (See Penal
Code Section 3042.)

b. To a federal or local agency when required by
state law;
c. To a law enforcement agency when required for
the investigation of unlawful activity, unless disclosure is
otherwise prohibited by law;
d. To another person or governmental organization
when necessary to obtain information for a board
investigation of a failure to comply with a state law the board
is responsible for enforcing;

(b) Nonpersonal Information.
(1) Disclosures. Nonpersonal information may be disclosed
to anyone who has a legitimate reason for needing the
information. Prior to disclosure of the information, the
identity of the person requesting and the reason for needing
the information shall be established.

e. To the State Archives as a record which has
sufficient historical or other value to warrant its preservation,
or for evaluation by the Director of General Services or his
designee to determine whether the record has other value.

In disclosing nonpersonal information the board shall ensure
that the information is needed for a legitimate reason and that
the person requesting it will use the information only as it
pertains to that need.

a. To a person who has provided adequate written
assurance that the information shall be used solely for
statistical research if the information is disclosed in a manner
that will not identify any subject of the information;

4. Researchers.

(c) Personal Information.

25 

TITLE 15

Board of Parole Hearings 

b. To the University of California or nonprofit
educational institution which has provided adequate
assurance of the need for the information, procedures for
protecting the information, and assurance that the identity of
any individuals shall not be disclosed in identifiable form.

accounting shall identify the information disclosed, the
person or organization to whom the information was
disclosed, the purpose of the disclosure and the date of the
disclosure. Disclosures made by the investigative unit to
other law enforcement officers while actively engaged in
field duties do not require an accounting.

5. Compelling Circumstances. Pursuant to a
determination by the board that compelling circumstances
exist which affect the health or safety of the subject if notice
of the disclosure is transmitted to the subject of the
information at his last known address.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.

Chapter 2. Term Decisions
Article 1. Sentence Review [Repealed]

6. Courts. To any person pursuant to a court order if
prior to the disclosure, the board reasonably attempts to
notify the subject of the disclosure and notice is not
prohibited by law.

HISTORY
1. Repealer of article 1, sections 2100-2107, filed 12-22-82
by OAL pursuant to Government Code section 11349.7(j)
(Register 82, No. 52). For prior history of section 2107, see
Register 82, No. 33.

(d) Confidential Information.
(1) Definition. Confidential information
information which, if disclosed, would:

includes

Article 2. Board Review of Department Denial of
Good Time Credit

(A) Endanger the health or safety of the subject or of
other persons;

§ 2120. General.
DSL prisoners and ISL prisoners who have DSL release dates
retroactively calculated are entitled to credit for good
behavior and participation, and may earn work time credit.
Good time and work time credit shall be deducted from the
DSL release date. The Department is responsible for
deducting good time and work time credit from the sentence,
and for establishing the procedures to deny good time or
work time credit. If good time or work time credit is denied
by the Department, the initial appeal of that decision shall be
handled through Department appeal procedures.

(B) Endanger the security of any department institution;
(C) Disclose personal or confidential information about a
person other than the subject of the information when the
information about the other person would not reasonably be
part of the subject's knowledge or experience;
(D) Impede an investigation or preclude the department
or board from accomplishing its statutory purpose or function
in criminal, civil or administrative matters;
(E) Compromise the objectivity or fairness of the testing,
appointment or promotion process;

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2930-2932 and 5077, Penal Code.

(F) Release information required by statute to be
withheld from the person to whom the information pertains.

HISTORY
1. Repealer of Article 2 (Sections 2120-2123) and new
Article 2 (Sections 2120-2121) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

(2) Disclosure. Confidential information may be disclosed
as provided in subsection (c)(2).
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1798-1798.76, Civil Code.

2. Amendment of Article title filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

HISTORY
1. Repealer of subsections (b)(1) and (c)(1), and renumbering
of subsections (b)(2) and (c)(2) to subsections (b)(1) and
(c)(1) filed 12-22-82 by OAL pursuant to Government Code
Section 11349.7(j) (Register 82, No. 52).
§ 2088. Accounting for Disclosures.

3. Amendment filed 3-7-84; effective thirtieth day thereafter
(Register 84, No. 10).
4. Change without regulatory effect amending section and
Note filed 10-1-98 pursuant to section 100, title 1, California
Code of Regulations (Register 98, No. 40).
§ 2121. Board Review.

Each unit of the board shall maintain a record of disclosures
of information to anyone other than the subject of the
information or board or department employees. The

26 

TITLE 15

Board of Parole Hearings 

Article 3. Retroactive Sentencing Procedures
[Repealed]

(a) Submitting Request. When the Department appeal is final,
the prisoner may request Board review by following the
procedures set forth in ss 2050-2056, except that the appeal to
the Board must be filed within ten days of notification that
the Department has denied the appeal.

HISTORY
1. Repealer of article 3, sections 2145-2167, filed 3-7-84 by
OAL pursuant to Government Code section 11349.7(j)
(Register 84, No. 10). For prior history of sections 2148,
2154, 2155, 2156, 2157, 2158, 2161, 2164, 2166 and 2167,
see Register 82, No. 52.

(b) Decision. The reviewers may modify, affirm, or reverse
the Department's decision, or may order a hearing scheduled.
(c) Hearing Ordered.

Article 4. Multijurisdiction Regulations [Repealed]

(1) Panel. This hearing is conducted by a panel of three
deputy commissioners.

HISTORY

(2) Prisoner Rights. The prisoner shall have the rights
specified in ss 2245-2252 and 2254-2256. The record of the
hearing shall be a tape recording.

1. Repealer of article 4, sections 2180-2181, filed 11-13-85;
effective thirtieth day thereafter (Register 85, No. 46). For
prior history of section 2180, see Register 82, No. 33.

(3) Information Considered. At this hearing, the panel shall
consider the record established by the Department, any
information submitted by the prisoner under s2249, and any
information elicited at the hearing.

Article 5. Mentally Disordered Sex Offender Term
Fixing [Repealed]
HISTORY
1. Repealer of article 5, sections 2185-2199, filed 12-22-82
by OAL pursuant to Government Code section 11349.7(j)
(Register 82, No. 52). For prior history of section 2196, see
Register 85, No. 46.

(4) Decision. The panel may modify, affirm, or reverse the
Department's decision.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2930-2932, 5076.1 and 5077, Penal
Code.

Chapter 3. Parole Release
Article 1. General [Repealed]

HISTORY

§ 2230. General. [Repealed]

1. Amendment of subsection (a) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

HISTORY
1. Repealer of Article 1 (Section 2230) filed 12-22-82 by
OAL pursuant to Government Code Section 11349.7(j)
(Register 82, No. 52).

2. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).
3. Change without regulatory effect amending section and
Note filed 10-1-98 pursuant to section 100, title 1, California
Code of Regulations (Register 98, No. 40).
§ 2122. Review of Request. [Repealed]

Article 2. Information Considered
§ 2232. General. [Repealed]
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2233. Documents Considered. [Repealed]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 2930-2932 and 5077, Penal Code.
HISTORY

HISTORY

1. Repealer filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 38).
§ 2123. Hearing Ordered. [Repealed]

1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2234. Testimony. [Repealed]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 2930-2932 and 5077, Penal Code.

HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2235. Confidential Information.

HISTORY
1. Repealer filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 38).

No decision shall be based upon information that is not
available to the prisoner unless the information has been

27 

TITLE 15

Board of Parole Hearings 

designated confidential under the rules of the department and
is necessary to the decision.

whether the criminal behavior was the result of that
victimization, the panel shall refer the case for investigation.

(a) Reliability. The reliability of confidential information to
be used shall be established to the satisfaction of the hearing
panel. A finding of reliability shall be documented by the
hearing panel. A hearing may be continued to establish the
reliability of the information or to request the department to
designate the information as nonconfidential.

Note: Authority cited: Sections 3041, 3052 and 5076.2(a),
Penal Code. Reference: Sections 3041, 4801, 5075.5 and
5076.1, Penal Code; and Section 1107, Evidence Code.
HISTORY
1. New section filed 3-16-2001 as an emergency; operative 316-2001 (Register 2001, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-16-2001 or
emergency language will be repealed by operation of law on
the following day.

(b) Documentation. If confidential information affected a
decision the prisoner shall be notified of reports on which the
panel relied.
§ 2236. Prisoner's Version.

2. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2240. Psychological Risk Assessments for Life Inmates.

The facts of the crime shall be discussed with the prisoner to
assist in determining the extent of personal culpability. The
board shall not require an admission of guilt to any crime for
which the prisoner was committed. A prisoner may refuse to
discuss the facts of the crime in which instance a decision
shall be made based on the other information available and
the refusal shall not be held against the prisoner. Written
material submitted by the prisoner under s 2249 relating to
personal culpability shall be considered.
§ 2237. Resolving Factual Disputes. [Repealed]

(a) Prior to a life inmate's initial parole consideration hearing,
a Comprehensive Risk Assessment will be performed by a
licensed psychologist employed by the Board of Parole
Hearings, except as provided in subsection (g).
(1) In the case of a life inmate who has already had an
initial parole consideration hearing but for whom a
Comprehensive Risk Assessment has not been prepared, a
Comprehensive Risk Assessment shall be performed prior to
the inmate's next scheduled subsequent hearing, unless a
Psychological Report was prepared prior to January 1, 2009.

HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2238. Insufficient Information.

(2) Psychological Reports prepared prior to January 1, 2009
are valid for use for three years, or until used at a hearing that
was conducted and completed after January 1, 2009,
whichever is earlier. For purposes of this section, a completed
hearing is one in which a decision on parole suitability has
been rendered.

If, during the hearing, the hearing panel determines there is
insufficient information available to determine any relevant
or necessary fact, the hearing panel may continue the hearing
up to 90 days. Appropriate staff shall be instructed to obtain
the specific information which is needed as soon as possible.
The prisoner is entitled to review this information under the
procedures ins 2247 at least 10 days before the rescheduled
hearing.
§ 2239. Battered Woman Syndrome.

(b) A Comprehensive Risk Assessment will be completed
every five years. It will consist of both static and dynamic
factors which may assist a hearing panel or the Board in
determining whether the inmate is suitable for parole. It may
include, but is not limited to, an evaluation of the
commitment offense, institutional programming, the inmate's
past and present mental state, and risk factors from the
prisoner's history. The Comprehensive Risk Assessment will
provide the clinician's opinion, based on the available data, of
the inmate's potential for future violence. Board of Parole
Hearings psychologists may incorporate actuarially derived
and structured professional judgment approaches to evaluate
an inmate's potential for future violence.

At parole consideration hearings, the Board panel shall
consider any information or evidence of Battered Woman
Syndrome (BWS), as defined in section 2000(b), where it
appears the criminal behavior was the result of that
victimization. The panel shall state, on the record, the
information which was considered pursuant to this section,
and its effect, if any, on the parole decision. Information
regarding BWS may be used by the panel to mitigate
culpability for the offense for purposes of suitability for
parole, and may be used as a reason for mitigating the base
term. If sufficient information is not available to determine

28 

TITLE 15

Board of Parole Hearings 

(c) In the five year period after a Comprehensive Risk
Assessment has been completed, life inmates who are due for
a regularly scheduled parole consideration hearing will have a
Subsequent Risk Assessment completed by a licensed
psychologist employed by the Board of Parole Hearings for
use at the hearing. This will not apply to documentation
hearings, cases coming before the Board en banc, progress
hearings, three year reviews of a five year denial, rescission
hearings, postponed hearings, waived hearings or hearings
scheduled pursuant to court order, unless the Board's Chief
Psychologist or designee, in his or her discretion, determines
a new assessment is appropriate under the individual
circumstances of the inmate's case.

Subsequent Risk Assessment or other psychological
evaluation for the purpose of evaluating parole suitability due
to restraints imposed by other state's licensing requirements,
rules of professional responsibility for psychologists and
variations in confidentiality laws among the states. If a
psychological report is available, it may be considered by the
panel for purpose of evaluating parole suitability at the
panel's discretion only if it may be provided to the inmate
without violating the laws and regulations of the state in
which the inmate is housed.
(h) The provisions of this section shall not apply to medical
parole hearings pursuant to Penal Code section 3550 or
applications for sentence recall or resentencing pursuant to
Penal Code section 1170.

The Subsequent Risk Assessment will address changes in the
circumstances of the inmate's case, such as new
programming, new disciplinary issues, changes in mental
status, or changes in parole plans since the completion of the
Comprehensive Risk Assessment. The Subsequent Risk
Assessment will not include an opinion regarding the
inmate's potential for future violence because it supplements,
but does not replace, the Comprehensive Risk Assessment.

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076.2, Penal Code. Reference:
Sections 3041 and 3041.5, Penal Code.
HISTORY
1. New section filed 10-25-2011; operative 11-24-2011
(Register 2011, No. 43).

Article 3. Prisoner Rights

(d) The CDCR inmate appeal process does not apply to the
psychological evaluations prepared by the Board's
psychologists. In every case where the hearing panel
considers a psychological report, the inmate and his/her
attorney, at the hearing, will have an opportunity to rebut or
challenge the psychological report and its findings on the
record. The hearing panel will determine, at its discretion,
what evidentiary weight to give psychological reports.

§ 2245. General.
At all hearings, prisoners located in California shall have the
rights enumerated in 2245 through 2255. Prisoners located
outside California shall have the rights specified in 2367. The
prisoner is responsible for bringing to the attention of the
hearing panel any issues pertaining to his rights under this
article or any failure to comply with these rules. A prisoner
may waive any of these rights, and any such waiver shall be
documented. Additional rights applicable only to specific
hearings are covered in the sections dealing with those
hearings.
§ 2246. Notice.

(e) If a hearing panel identifies a substantial error in a
psychological report, as defined by an error which could
affect the basis for the ultimate assessment of an inmate's
potential for future violence, the Board's Chief Psychologist
or designee will review the report to determine if, at his or
her discretion, a new report should be completed. If a new
report is not completed, an explanation of the validity of the
existing report shall be prepared.

A prisoner shall be notified as soon as possible of the week
during which the hearing shall be held, but shall be notified
no later than one month before the week during which the
hearing will be held. Department staff shall provide
notification of the hearing.

(f) If a hearing panel identifies at least three factual errors the
Board's Chief Psychologist or designee will review the report
and determine, at his or her discretion, whether the errors
invalidate the professional conclusions reached in the report,
requiring a new report to be prepared, or whether the errors
may be corrected without conducting a new evaluation.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041.5, Penal Code.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
§ 2247. Disclosure.

(g) Life inmates who reside in a state other than California,
including those under the Interstate Compact Agreement,
may not receive a Comprehensive Risk Assessment,

29 

TITLE 15

Board of Parole Hearings 

A prisoner is entitled to review nonconfidential documents in
the department central file. A prisoner is responsible for
complying with department procedures for review of the
documents and for making his request sufficiently early to
permit his review of the documents at least 10 days before the
week of the hearing. A prisoner shall have the opportunity to
enter a written response to any material in the file.

panel member knew the prisoner in the past or has made a
decision in the past affecting the prisoner.
§ 2251. Assistance.
A prisoner may receive reasonable assistance in preparing for
the hearing.
A prisoner who is unable to effectively communicate with the
hearing panel due to language difficulties or a physical or
mental defect shall be provided with appropriate assistance
during the hearing. Department staff shall arrange for the
necessary assistance prior to the hearing. If assistance has not
been arranged and appears necessary during the hearing, the
hearing panel shall request department staff to provide
assistance and continue the hearing if necessary.
§ 2251.5. Americans with Disabilities Act.

A prisoner dissatisfied with the disclosure may appeal
pursuant to department procedures. (See Title 15, California
Administrative Code, Section 3003.)
A prisoner has the right to be present at the hearing, to speak
on his own behalf, and to ask and answer questions. A
prisoner refusing to attend the hearing shall be advised that a
decision may be made without his presence. No panel shall
consider information not available to the prisoner unless the
information is designated confidential under s 2235.
§ 2249. Prisoner Presentation of Documents.

(a) No qualified individual with a disability as defined in 42
United States Code (U.S.C.) section 12102 shall, by reason of
such disability, be excluded from participation in, or be
denied the benefits of, the services, programs or activities of
the board, or be subject to discrimination by the board.

A prisoner shall have the right to present relevant documents
to the hearing panel. The documents should be brief,
pertinent, and clearly written. They may cover any relevant
matters such as mitigating circumstances, disputed facts or
release planning. A copy of the documents may be placed in
the prisoner's central file.
§ 2250. Impartial Hearing Panel.

(b) Any prisoner or parolee who believes that he or she is an
individual with a qualifying disability, and believes that he or
she has been denied reasonable accommodation by the board,
may grieve that denial in accordance with the process
required by the Armstrong v. Schwarzenegger Revised
Permanent Injunction.

A prisoner is entitled to a hearing by an impartial panel. A
prisoner may request the disqualification of a hearing panel
member or a hearing panel member may disqualify himself.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Pennsylvania Department of Corrections v.
Yeskey(1998)
118
S.Ct.
195;
Armstrong
v.
Schwarzenegger(2002) USDC-ND (No. C-94-2307-CW);
Title II, Americans with Disabilities Act of 1990 (ADA), 104
Stat. 328, 42 U.S.C. sections 12101, et seq.

(a) Grounds for Disqualification. A hearing panel member
shall disqualify himself in the following circumstances:
(1) A close personal relationship exists between the hearing
panel member and the prisoner or between their immediate
families.

HISTORY

(2) The hearing panel member was involved in a past
incident with the prisoner which might cause him to be
prejudiced against the prisoner; for example, the hearing
panel member was responsible for the arrest of the prisoner or
the prisoner has assaulted the hearing panel member or a
member of the hearing panel member's family.

1. Renumbering of section 2057 to section 2251.5, including
amendment of section heading, section and Note, filed 4-152004 as an emergency; operative 5-1-2004 (Register 2004,
No. 16). A Certificate of Compliance must be transmitted to
OAL by 8-30-2004 or emergency language will be repealed
by operation of law on the following day.

(3) The hearing panel member is actually prejudiced
against or biased in favor of the prisoner to the extent that he
cannot make an objective decision.

2. Renumbering of section 2057 to section 2251.5, including
amendment of section heading, section and Note, refiled 830-2004 as an emergency; operative 8-30-2004 (Register
2004, No. 36). A Certificate of Compliance must be
transmitted to OAL by 12-28-2004 or emergency language
will be repealed by operation of law on the following day.

(b) Decision. The hearing panel shall make and document the
decision on disqualification if the issue has been raised.
Disqualification shall not occur solely because the hearing

30 

TITLE 15

Board of Parole Hearings 

3. Renumbering of section 2057 to section 2251.5, including
amendment of section heading, section and Note, refiled 1227-2004 as an emergency; operative 12-27-2004 (Register
2004, No. 53). A Certificate of Compliance must be
transmitted to OAL by 4-26-2005 or emergency language
will be repealed by operation of law on the following day.

1. New section filed 6-8-2005; operative 6-8-2005 (Register
2005, No. 23).
§ 2251.7. Processing a Grievance.
(a) Timeframes. The Board's Americans with Disabilities Act
Compliance Unit shall ensure that a complete grievance
meeting the requirements of § 2251.6 be answered within 30
calendar days of receipt by the Board's Quality Control Unit.

4. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).
§ 2251.6. Filing a Grievance.

(b) Board Actions. The Board may take any of the following
actions when answering a grievance.
(1) Order a New Hearing. Place the matter directly on the
appropriate calendar if the denial of the requested
accommodation violated the prisoner or parolee's due process
or disability rights to access the parole proceeding [as that
term is defined in the Armstrong v. Davis Remedial Plan,
January 4, 2002]. Reasons for this action shall be stated.
Following a new hearing, a copy of the new decision shall be
forwarded to the Board's Quality Control Unit.

The prisoner or parolee has the following responsibility in
filing any grievance:
(a) Contents of the Grievance.
(1) The grievance shall include the name, department
(CDC) number, and location of the prisoner or parolee.
(2) The grievance shall be brief, pertinent, legible, and
clearly written.

(2) Deny. Deny the grievance if the decision denying the
accommodation was harmless or the decision was reasonable
under the circumstances of the case. The decision shall
document the reasons for denial and include specific citation
of policy.

(3) Specific grounds, relating to Americans with
Disabilities Act issues only, must be clearly stated and all
necessary documents and information must be attached to the
application.
(4) All grounds must be included in the same grievance.

(3) New Decision. Make a new decision if no new hearing
is required and the decision will not adversely affect the
prisoner or parolee.

(5) The decision desired must be stated.
(6) The application (grounds for grievance, the decision
desired, and all arguments in support of the grievance) shall
not exceed either the front side of six pages or the front and
back sides of three pages of 8 and 1/2 by 11 inch paper. A
BPT Form 1074 (Request for Reasonable Accommodation Grievance Process) may be used, but is not required.

(4) Dismiss. Dismiss the grievance if it should be handled
through the Department of Corrections' Inmate and Parolee
Appeals System (See Title 15, Division 3, California Code of
Regulations), if the Board has no jurisdiction over the issues
being grieved, if the grievance is premature, or if the
grievance was filed more than 90 days after the prisoner or
parolee received written confirmation of the decision denying
the accommodation.

(b) Assistance. Assistance in preparing the grievance may be
sought from staff, attorneys assigned for revocation hearings,
or others. The BPT Form 1074 shall be available to prisoners
and parolees in custody and also at parole offices.

(c) Exhaustion of Administrative Remedies. Administrative
remedies with the Board are exhausted after the prisoner or
parolee has filed a grievance as specified in § 2251.5 et seq,
and the above time limits have elapsed.

(c) Submitting the Grievance. Grievances shall be submitted
as soon as possible to the Board's ADA Coordinator (prehearing), the Board's Quality Control Unit (post-hearing), or
given to a staff person or attorney.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Armstrong v. Schwarzenegger(2002) USDC-ND
(No. C-94-2307-CW); Title II, Americans with Disabilities
Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. Sections 12101,
et seq.; and Section 5076.1, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Armstrong v. Schwarzenegger(2002) USDC-ND
(No. C-94-2307-CW); Title II, Americans with Disabilities
Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. Sections 12101,
et seq.; and Section 5076.1, Penal Code.

HISTORY

HISTORY

1. New section filed 6-8-2005; operative 6-8-2005 (Register
2005, No. 23).

31 

TITLE 15

Board of Parole Hearings 

§ 2252. Department Representative.

(4) In the event a request for a voluntary waiver is granted
during the week of a scheduled life parole consideration
hearing, in order to avoid future cost and inconvenience to
properly appearing parties, the board shall give the District
Attorney and the victim, victim's next of kin, members of the
victim's immediate family and two victim's representatives
the opportunity to give a statement on the record. If
statements are taken, a transcript shall be made and shall be
considered by the next hearing panel. The prisoner may
waive his or her right to be present for such statements.

A person designated by the department shall be present at life
prisoner progress hearings to ensure that all facts relevant to
the decision and any unresolved factual issues are presented.
A department representative may attend any other board
hearing.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041.5, Penal Code.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
§ 2253. Voluntary Waivers, Stipulations of Unsuitability,
Postponements, and Continuances.

(5) Prisoners may waive no more than three consecutive
life parole consideration hearings.
(c) Stipulations of Unsuitability.
(1) At any time prior to a life parole consideration hearing
a prisoner may offer to stipulate to unsuitability for parole.
An offer shall be submitted in writing to the board and shall
state the reasons that support unsuitability. In considering an
offer to stipulate to unsuitability the board shall review any
written statements received from the District Attorney and the
victim, victim's next of kin, members of the victim's
immediate family and two victim's representatives. The board
retains discretion to accept or reject the offer to stipulate.
Prisoners may offer to stipulate to unsuitability for 3, 5, 7, 10
or 15 years from the date of the scheduled hearing.

(a) General. The rights and interests of all persons properly
appearing before a board life parole consideration hearing are
best served when hearings are conducted as scheduled.
Occasional circumstances may require the delay of a
scheduled hearing. It is the intention of the board to recognize
the need and desirability to occasionally delay a scheduled
hearing and to authorize said delays through a process of
voluntary waiver or stipulation of unsuitability or to postpone
or continue a scheduled life parole consideration hearing.
(b) Voluntary Waivers. A prisoner may request to voluntarily
waive his or her life parole consideration hearing for any
reason. Requests shall be made in writing to the board and
shall state the reason for the request.

(2) If an offer to stipulate to unsuitability is made during
the week of the scheduled life parole consideration hearing,
the board shall give the District Attorney and the victim,
victim's next of kin, members of the victim's immediate
family and two victim's representatives the opportunity to
give a statement on the record. If statements are taken, a
transcript shall be made and shall be considered by the next
hearing panel. The prisoner may waive his or her right to be
present for such statements.

(1) In requesting a voluntary waiver, the prisoner shall be
deemed to have waived his or her right to a life parole
consideration hearing pursuant to sections 3041 and 3041.5
of the California Penal Code for the period specified in the
waiver. A prisoner may waive his or her hearing for one, two,
three, four or five years.
(2) A request for a voluntary waiver of a life parole
consideration hearing should be submitted to the board at the
earliest possible date that the prisoner becomes aware of the
circumstances leading to the request, but shall be no later
than 45 calendar days prior to the date of the scheduled
hearing. A request made no later than 45 days prior to the
scheduled hearing shall be presumed to be valid.

(d) Postponements.
(1) The Hearing Panel Chair or Board Executive Officer
may postpone a life parole consideration hearing, upon its
own motion or at the request of a prisoner, due to the
unavailability of a hearing panel; the absence or untimeliness
of required Department (CDCR) and/or board notices,
documents, reports or required prisoner accommodations; or
exigent circumstances such as illness of attending parties,
natural disasters or institutional emergencies.

(3) A request for a voluntary waiver of a life parole
consideration hearing submitted less than 45 calendar days
prior to the scheduled hearing shall be presumed to be invalid
and shall be denied by the board unless good cause is shown
and the reason(s) given were not and could not reasonably
have been known to the prisoner 45 calendar days prior to the
scheduled hearing.

(2) A prisoner may request that the board postpone a life
parole consideration hearing to resolve matters relevant to his
or her parole consideration for reasons not set forth in
subdivision (1) of this subsection. The board may grant a

32 

TITLE 15

Board of Parole Hearings 

postponement only upon the affirmative showing of good
cause on the part of the prisoner and only if the prisoner did
not and could not have known about the need for the
postponement earlier than when he or she made the
postponement request. Good cause is a prisoner's excused
inability to obtain essential documents or other material
evidence or information despite his or her diligent efforts.

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076.2, Penal Code. Reference:
Sections 1170.2, 3041 and 3041.5, Penal Code; In re
Rutherford (Super. Ct. Marin County, No. SC135399A)
February 19, 2008; and Proposition 9 (Marsy's Law)
December 13, 2008.

(3) A postponed hearing shall be rescheduled at a date
consistent with resolution of the issue causing the
postponement, the need to provide notice to affected parties,
and panel availability. When the postponed hearing is
rescheduled, it shall not displace a previously scheduled
hearing.

1. Renumbering of Section 2253 to Section 2254 filed 6-1179; effective thirtieth day thereafter (Register 79, No. 24).

HISTORY

2. Renumbering of Section 2254 to Section 2253 filed 12-2879 as procedural and organizational; designated effective 1-180 (Register 79, No. 52).
3. Repealer and new section heading and section and
amendment of Note filed 6-25-2004 as an emergency;
operative 6-28-2004 (Register 2004, No. 26). A Certificate of
Compliance must be transmitted to OAL by 10-26-2004 or
emergency language will be repealed by operation of law on
the following day.

(4) If a postponement is granted during the week of the
scheduled hearing, the Board shall give the District Attorney,
and the victim, victim's next of kin, members of the victim's
immediate family and two victim's representatives the
opportunity to give a statement on the record. Exercising this
option will not preclude the speaker from making a statement
at subsequent parole consideration hearings. This statement
shall be made available for consideration by subsequent
hearing panels. If statements are taken, a transcript shall be
made and a copy provided to the prisoner.

4. Certificate of Compliance as to 6-25-2004 order, including
amendment of subsections (b)(1) and (c)(1), transmitted to
OAL 10-26-2004 and filed 12-9-2004 (Register 2004, No.
50).
5. Amendment of section heading, section and Note filed 9-32008; operative 11-1-2008 (Register 2008, No. 36).

(e) Continuance. After the commencement of a life parole
consideration hearing, the Hearing Panel Chair may continue
a hearing only upon a showing of good cause which was
unknown, and could not reasonably have been known by the
party requesting the continuance, prior to the commencement
of the hearing.

6. Amendment of subsection (b)(1), repealer of subsections
(b)(1)(A)-(B), amendment of subsections (b)(4) and (c)(1),
repealer of subsections (c)(1)(A)-(B), amendment of
subsections (c)(2), (d)(4) and (e)(3) and amendment of Note
filed 8-11-2009; operative 8-11-2009 pursuant to
Government Code section 11343.4 (Register 2009, No. 33).
§ 2254. Record of Hearing.

(1) In considering a continuance, the Hearing Panel Chair
shall weigh the reasons and the need for the continuance and
any inconvenience to the board, department, or appearing
parties and determine what will best serve the interest of
justice.

A record (a verbatim transcript, tape recording or written
summary) shall be made of all hearings. The record of the
hearing shall include or incorporate by reference the evidence
considered, the evidence relied on, and the findings of the
hearing panel with supporting reasons. The prisoner is
entitled to a copy of the record of the hearing upon request.

(2) If a life parole consideration hearing is continued, the
board shall attempt to impanel the same panel members when
the hearing is reconvened. However, the board may, in its
discretion, reconvene a new panel and commence a new
hearing.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041.5, Penal Code.

(3) In the event of a continuance, the District Attorney and
the victim, victim's next of kin, members of the victim's
immediate family and two victim's representatives may elect
to give a statement on the record before the hearing is
continued, in lieu of giving a statement when the hearing
resumes. This statement shall be made available to
subsequent hearing panels.

HISTORY
1. Renumbering of Section 2254 to Section 2255 filed 6-1179; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2255 to Section 2254 filed 12-2879 as procedural and organizational; designated effective 1-180 (Register 79, No. 52).

33 

TITLE 15

Board of Parole Hearings 

§ 2255. Written Statement of Decision.

2. Renumbering of Section 2253 to Section 2256 filed 12-2879 as procedural and organizational; designated effective 1-180 (Register 79, No. 52).

Every prisoner and his attorney if he was represented by an
attorney at a hearing shall receive a copy of the decision
specifying the decision, the information considered and the
reasons for the decision.

Article 4. Parole Consideration Procedures for Life
Prisoners and Nonlife 1168 Prisoners
§ 2265. General. [Repealed]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041.5, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041, 3041.5, 3041.7, 3042 and 3046,
Penal Code.

HISTORY
1. Amendment filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

HISTORY

2. Renumbering of Section 2255 to Section 2256 filed 6-1179; effective thirtieth day thereafter (Register 79, No. 24).

1. Amendment filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

3. Renumbering of Section 2256 to Section 2255 filed 12-2879 as procedural and organizational; designated effective 1-180 (Register 79, No. 52).
§ 2256. Attorney.

2. Amendment filed 7-21-78 as an emergency; effective upon
filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43). 4. Amendment filed 1-25-79; effective thirtieth day
thereafter (Register 79, No. 4).

(a) General. A prisoner or parolee may be represented by an
attorney at specific hearings. The sections concerning
particular hearings and the prisoner's or parolee's rights at
those hearings specify whether the prisoner or parolee may be
represented by an attorney.

5. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
6. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2266. Information Considered. [Repealed]

(b) Waiver. If a prisoner or parolee is entitled to
representation by an attorney at a hearing, the prisoner or
parolee may waive the right to an attorney. Department staff
shall document the waiver.

HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52)
§ 2267. Recommendation Hearing. [Repealed]

(c) Indigents. If a prisoner or parolee is entitled to be
represented by an attorney at a hearing, an attorney will be
provided at state expense if the prisoner or parolee cannot
afford to retain private counsel. A prisoner or parolee is
presumed able to afford an attorney if the prisoner or parolee
has one thousand five hundred dollars ($1,500.00) or more in
cash, institutional trust account, savings account, checking
account or any combination of cash and accounts. A prisoner
or parolee with one thousand five hundred dollars ($1,500.00)
must show that he or she has been unable to obtain an
attorney for that amount before an attorney will be appointed
at state expense.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041, 3042, 3063.5, 3063.6, and 5076.1,
Penal Code.
HISTORY
1. Amendment of subsection (c) filed 4-4-78; effective
thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (b) filed 9-21-78 as an
emergency; designated effective 9-25-78. Filed in the week
of Register 78, No. 38, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973);
Sections 1170.2 and 3041.7, Penal Code.

3. Certificate of Compliance filed 12-29-78 (Register 78, No.
52).

HISTORY

4. Amendment of subsection (d) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

1. Renumbering of former Section 2253 to Section 2254 and
new section filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

5. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2268. Initial Parole Hearing.

34 

TITLE 15

Board of Parole Hearings 

(a) Decision. At the conclusion of the hearing the prisoner
shall receive a copy of the proposed decision. If the panel's
decision is to grant parole, the proposed decision shall state
the period of confinement established, the conditions which
must be met in order to be released after serving that period
of confinement and the consequences of a failure to meet
such conditions. If the panel decision is to deny parole, the
proposed decision shall state that parole has been denied.

4. Certificate of Compliance filed 10-27-78 as to 7-21-78
emergency amendment of subsections (b), (d) and (e)
(Register 78, No. 43).
5. Amendment of subsection (e) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).
6. Amendment of subsection (a) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).
7. Amendment of subsection (d) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

(b) Multiple Year Denials. In cases in which the panel may
deny a subsequent parole hearing for more than one year, it
shall utilize the criteria specified in sections 2281 or 2402 as
applicable. It shall make specific written findings stating the
bases for the decision to defer the subsequent suitability
hearing for two, three, four, or five years. If the board defers
a hearing for five years, the prisoner's central file shall be
reviewed by a deputy commissioner within three years, at
which time the deputy commissioner may direct that a
hearing be held within one year if the inmate has been
disciplinary free and programming in accordance with board
direction since the last hearing. The board shall notify the
prisoner in writing of the deputy commissioner's decision.

8. Repealer of subsections (a)-(d) and relettering of
subsection (e) to subsection (a) filed 12-22-82 by OAL
pursuant to Government Code Section 11349.7(j) (Register
82, No. 52).
9. Repealer of subsection (a) designation only (no text
change) filed 11-13-85; effective thirtieth day thereafter
(Register 85, No. 46).
10. Designation of subsection (a), new subsection (b),
designation and amendment of subsection (c) and amendment
of Note filed 3-14-95 as an emergency; operative 3-14-95
(Register 95, No. 11). A Certificate of Compliance must be
transmitted to OAL by 7-12-95 or emergency language will
be repealed by operation of law on the following day.

(c) Review. All proposed decisions shall be reviewed as
provided in Section 2041. If the decision is approved or
modified without a new hearing, the board shall send a copy
of the decision to the prisoner within 20 days of the hearing.
If a decision to deny parole is approved, the approved
decision shall include the panel's reasons for the denial of
parole, activities which might be of benefit during
imprisonment, and when the prisoner can expect to have
another parole consideration hearing. If the decision is
disapproved and vacated, a copy of the disapproved decision
and the reasons for ordering a new hearing shall be sent to the
prisoner within 30 days.

11. Certificate of Compliance as to 3-14-95 order, including
amendment of subsection (a), transmitted to OAL 7-11-95
and filed 8-22-95 (Register 95, No. 34).
§ 2269. Progress Hearing.
(a) General. At this hearing the hearing panel shall determine
whether a previously set parole date should be advanced
because of the prisoner's conduct in prison or any change in
circumstances under the criteria in Section 2290.
(b) Scheduling. This hearing shall be scheduled by
department staff according to the following schedule:

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041, 3041.5, 3041.7 and 5076.1, Penal
Code.

(1) If the parole date is less than 10 months from the date of
the last parole consideration hearing, no progress hearing
shall be scheduled.

HISTORY
1. Amendment of subsections (a) and (c) filed 4-4-78;
effective thirtieth day thereafter (Register 78, No. 14).

(2) If the parole date is between 10 and 14 months of the
date of the last parole consideration hearing, the progress
hearing shall be scheduled during the sixth month after the
parole consideration hearing.

2. Amendment of subsections (b), (d) and (e) filed 7-21-78 as
an emergency; effective upon filing (Register 78, No. 29).
3. Amendment of subsection (a) filed 7-31-78 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 78, No. 31).

(3) If the parole date is between 14 and 18 months of the
date of the last parole consideration hearing, the progress
hearing shall be scheduled during the ninth month after the
parole consideration hearing.

35 

TITLE 15

Board of Parole Hearings 

(4) If the parole date is between 18 and 26 months from the
date of the last parole consideration hearing, the progress
hearing shall be scheduled during the twelfth month after the
parole consideration hearing.

(1) At these hearings the panel shall review the prisoner's
activities and conduct considering the criteria in §§ 2290 and
2410 and document activities and conduct pertinent to
granting or withholding postconviction credit. When the
board establishes a parole date the panel shall consider this
information and determine whether to grant or withhold
postconviction credit for time served prior to the date of the
hearing at which parole is granted. Once the parole date is
established, these prisoners shall have progress hearings as
provided in § 2269.

(5) If the parole date is between 26 and 34 months of the
date of the last parole consideration hearing, the progress
hearing shall be scheduled during the eighteenth month after
the parole consideration hearing.
(6) If the parole date is between 34 and 50 months of the
date of the last parole consideration hearing, the progress
hearing shall be scheduled during the twenty-fourth month
after the parole consideration hearing.

(2) In order to identify potential cases of Battered Woman
Syndrome (BWS), the deputy commissioner or commissioner
conducting a documentation hearing shall refer any case to
the executive officer in which the prisoner appears to have
suffered the effects of BWS as defined in § 2000(b). The
purpose of the investigation is to determine whether it
appears the criminal behavior was the result of that
victimization.

(7) If the parole date is 50 months or more from the date of
the last parole consideration hearing, the progress hearing
shall be scheduled during the thirty-sixth month after the
parole consideration hearing.
(8) Any time department or board staff believes an earlier
parole date would be appropriate the case may be placed on
the miscellaneous proceedings calendar with documentation
of the reasons for requesting a progress hearing. The board
may deny the request or order a progress hearing scheduled.

(b) Panel. This hearing shall be conducted by a one person
panel and the panel member shall be a commissioner or
deputy commissioner.
(c) Scheduling. This hearing shall be scheduled by
department staff. The documentation hearing shall be held
during the 36th month after the life term starts (See §§ 2289
and 2411(c)). Time during which service of the life term is
tolled because the prisoner is serving a determinate term shall
not be included in determining the scheduling of
documentation hearings.

(c) Prisoner Rights. The prisoner shall have the rights
specified in Sections 2245-2255 and the right to have a
department representative present at the hearing. The record
of the hearing shall be a verbatim transcript.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041, 3041.5 and 5076.1, Penal Code; In
re Stanley (1976) 54 Cal.App.3d 1030.

Note: Authority cited: Sections 3041 and 5076.2, Penal Code.
Reference: Sections 3040, 3041, 3041.5, 4801 and 5076.1,
Penal Code; andIn re Stanley (1975) 54 Cal.App.3d 1030.

HISTORY
1. Amendment of subsections (a), (c) and (d) filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).

HISTORY

2. Amendment of subsection (a) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

1. New section filed 5-28-81; effective thirtieth day thereafter
(Register 81, No. 22).

3. Editorial correction (Register 79, No. 38).

2. Amendment of subsection (a) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

4. Amendment of subsection (c) filed 2-8-80; effective
thirtieth day thereafter (Register 80, No. 6).

3. Amendment of subsections (a) and (b) filed 6-14-84;
effective thirtieth day thereafter (Register 84, No. 24).

5. Amendment of subsection (c) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

4. Amendment of subsection (a) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

6. Repealer of subsection (b) and relettering of subsections
(c) and (d) to (b) and (c) filed 12-22-82 by OAL pursuant to
Government Code Section 11349.7(j) (Register 82, No. 52).
§ 2269.1. Documentation Hearings.

5. Amendment of subsection (b) filed 1-20-88; operative 219-88 (Register 88, No.5).
6. Amendment splitting former subsection (a) into
subsections (a)-(a)(1), new subsection (a)(2), and amendment
of Note filed 3-16-2001 as an emergency; operative 3-16-

(a) General. All life prisoners shall have hearings prior to the
minimum eligible parole date.

36 

TITLE 15

Board of Parole Hearings 

2001 (Register 2001, No. 11). A Certificate of Compliance
must be transmitted to OAL by 7-16-2001 or emergency
language will be repealed by operation of law on the
following day.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041, 3041.5, 3041.7, 3042, 5075, and
5076.1, Penal Code.

7. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).

1. Amendment of subsection (a) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

8. Amendment of section and Note filed 6-17-2003; operative
7-17-2003 (Register 2003, No. 25).
§ 2270. Subsequent Parole Hearing.

2. Amendment of subsections (a) and (c) filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).

(a) General. At this hearing each prisoner who was previously
denied parole shall be reconsidered for parole in the same
manner as at the initial parole hearing. The hearing panel
shall consider the same information considered at the initial
parole hearing and any information developed since the last
hearing (Sections 2281-2291).

4. Amendment of subsection (d) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

HISTORY

3. Amendment of subsection (e) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

5. Amendment of subsection (c) filed 3-7-84; effective
thirtieth day thereafter (Register 84, No. 10).

(b) Panel. This hearing is conducted by a panel of three, at
least two of whom shall be commissioners. At least one
person on the new panel shall have been present at the last
parole consideration hearing unless it is not feasible to do so.

6. Amendment of subsection (e) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).
7. Amendment of subsection (b) filed 1-20-88; operative 219-88 (Register 88, No. 5).

(c) Scheduling. This hearing shall be scheduled as provided
in Penal Code Section 3041.5.

8. New subsection (d), subsection relettering and amendment
of Note filed 3-14-95 as an emergency; operative 3-14-95
(Register 95, No. 11). A Certificate of Compliance must be
transmitted to OAL by 7-12-95 or emergency language will
be repealed by operation of law on the following day.

(d) Multiple Year Denials. In cases in which the panel may
deny a subsequent parole hearing for more than one year, it
shall utilize the criteria specified in sections 2281 or 2402 as
applicable. It shall make specific written findings stating the
bases for the decision to defer the subsequent suitability
hearing for two, three, four, or five years. If the board defers
a hearing for five years, the prisoner's central file shall be
reviewed by a deputy commissioner within three years, at
which time the deputy commissioner may direct that a
hearing be held within one year if the inmate has been
disciplinary free and programming in accordance with board
direction since the last hearing. The board shall notify the
prisoner in writing of the deputy commissioner's decision.

9. Certificate of Compliance as to 3-14-95 order, including
amendment of subsections (e)-(f), transmitted to OAL 7-1195 and filed 8-22-95 (Register 95, No. 34).
§ 2271. Parole Consideration for Nonlife 1168 Prisoners.
[Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

(e) Prisoner Hearing Rights. The prisoner shall have the
rights specified in Sections 2245-2256. Notice of the hearing
shall be given as soon as possible, but no later than 7 days
before the hearing. The record of the hearing shall be a
verbatim transcript.

2. Repealer of Section 2271 and renumbering of Section 2272
to Section 2271 filed 7-21-78 as an emergency; effective
upon filing (Register 78, No. 29). For history of former
Section 2272, see Register 78, No. 14.

(f) Prisoner Post Hearing Rights. The prisoner shall have the
rights specified in Section 2268. Notice of the hearing shall
be given as soon as possible, but no later than 7 days before
the hearing. The record of the hearing shall be a verbatim
transcript.

3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).
4. Amendment filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).

37 

TITLE 15

Board of Parole Hearings 

5. Amendment of subsection (a) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

(a) Before Initial Parole Hearing. The change in legal status
shall be considered at the initial parole hearing as regularly
scheduled or as would be scheduled by the change in legal
status.

6. Repealer of subsections (b) and (e), and relettering of
subsections (c) and (d) to subsections (b) and (c) filed 12-2282 by OAL pursuant to Government Code Section 11349.7(j)
(Register 82, No. 52).

(b) After Initial Parole Hearing. If a prisoner's legal status
changes after the initial parole hearing, department staff shall
immediately schedule the prisoner for a progress or
subsequent parole hearing as appropriate.

7. Repealer filed 3-11-87; effective thirtieth day thereafter
(Register 87, No. 11).
§ 2272. Hearings for Prisoners with New Criminal or
Disciplinary Charges Pending.

(c) New Commitment. If a prisoner with a previously
established parole date receives a new commitment to state
prison the parole date shall be rescinded. No hearing or other
board action is required. The department shall record the
rescission of the parole date on the grounds that the prisoner
has received a new commitment. The prisoner may appeal the
rescission only on the grounds that he is not the person
sentenced to state prison by the new judgment.

(a) Initial Parole Hearing and Subsequent Parole Hearing. A
prisoner with new criminal or disciplinary charges pending
prior to the initial parole hearing or subsequent parole hearing
shall be scheduled for the hearing as provided in this article.
If it is determined during the course of the hearing that a
decision regarding parole cannot be made because of the
pending charges, the hearing panel shall continue the hearing.
Department staff shall place the case on the miscellaneous
proceedings calendar every 90 days from the date of the
originally scheduled hearing with a report of the status of the
case. Following conclusion of the criminal or disciplinary
charges, the case shall be scheduled for the next regular
calendar.

If the new commitment is for a life sentence, the prisoner
shall be scheduled for a documentation hearing during the
36th month after commencement of the life term (§ 2269.1)
and a parole consideration hearing during the 13th month
prior to the new minimum eligible parole date (§ 2268(c)).
If the new commitment is for an indeterminate sentence, the
prisoner shall be scheduled for a parole consideration hearing
one month before the minimum eligible parole date for the
new commitment offense or within 120 days if the M.E.P.D.
is within 120 days of receipt of the new commitment (§
2304).

(b) Progress Hearing. Department staff shall postpone the
progress hearing of any prisoner who has new criminal or
serious disciplinary charges pending immediately prior to a
regularly scheduled progress hearing. Department staff shall
place the case on the miscellaneous proceedings calendar
every 90 days from the date of the originally scheduled
hearing including a report of the status of the case. Following
conclusion of the criminal or disciplinary charges, the case
shall be scheduled for the next regular calendar.

If the new commitment is for a determinate term, the parole
consideration hearing shall be conducted within 60 days of
receipt of the new commitment.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041, 3041.5 and 3041.7, Penal Code.
HISTORY

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041 and 3041.5, Penal Code.

1. Renumbering of Section 2274 to Section 2273 filed 7-2178 as an emergency; effective upon filing (Register 78, No.
29).

HISTORY
1. Renumbering of Section 2273 to Section 2272 filed 7-2178 as an emergency; effective upon filing (Register 78, No.
29).

2. New subsection (c) filed 1-25-79; effective thirtieth day
thereafter (Register 79, No. 4).
3. Amendment of subsection (c) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

2. Amendment of subsection (a) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).
§ 2273. Hearings for Prisoners with Changes in Legal
Status.

4. Amendment of subsection (c) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).

Changes in legal status include: a final court decision altering
the prisoner's commitment status, modification of the
judgment or abstract of judgment, and new commitments.

5. Amendment of subsection (c) filed 6-17-2003; operative 717-2003 (Register 2003, No. 25).

38 

TITLE 15

Board of Parole Hearings 

§ 2274. Adult Authority Parole Dates.

lawful authority and shall grant parole unless it determines
that the circumstances and gravity of the violation of law or
violation of condition of parole, in the context of the parolee's
history and all relevant suitability factors, are such that
consideration of the public safety requires a more lengthy
period of incarceration.

A life prisoner who has a parole date set by the Adult
Authority which is within sixty days of a scheduled parole
consideration hearing under this article shall not have a
parole hearing. The prisoner shall be released on the parole
date set by the Adult Authority or earlier if an advancement is
granted under s 2359.

(d) Parole Reconsideration annual hearings. Within one year
of a Parole Reconsideration initial hearing, parolees who do
not receive a grant of parole and who are not otherwise
ineligible for a Parole Reconsideration hearing shall receive a
Parole Reconsideration annual hearing. At a Parole
Reconsideration annual hearing, the board shall grant parole
in accordance with Penal Code section 3041 and sections
2281 and 2402 of these regulations, as applicable. A parolee
who has not received a grant of parole and who is not
otherwise ineligible for release shall continue to receive
Parole Reconsideration annual hearings each year until the
board grants parole.

If a panel advances an Adult Authority parole date to within
sixty days of the parole consideration hearing, the prisoner
shall be released on the Adult Authority date as advanced.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. New section filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
§ 2275. Parole Reconsideration Hearings.
(a) General. Penal Code section 3000.08(h) provides that,
following a lawful determination that the person has
committed a violation of law or violated his or her conditions
of parole, persons on parole for specified crimes shall be
remanded to the custody of the department and remanded to
the jurisdiction of the board for future parole reconsideration.
Parolees who are subject to remand upon a lawful
determination are specified as follows: (i) parolees convicted
of crimes listed in Penal Code section 3000(b)(4) where the
crime was committed on or after September 9, 2010; (ii)
parolees convicted of crimes listed in Penal Code section
3000.1(a)(1) where the crime was committed on or after
January 1, 1983; and (iii) parolees convicted of crimes listed
in Penal Code section 3000.1(a)(2) where the crime was
committed on or after September 9, 2010. These hearings are
collectively referred to as Parole Reconsideration hearings.

(e) Ineligible for a Parole Reconsideration Hearing. For
purposes of this section, a parolee is ineligible for a Parole
Reconsideration hearing if the parolee is serving a separate
indeterminate term, or until the parolee reaches one year prior
to his or her earliest possible release date (as calculated by
the department) while serving a separate determinate term, or
the parolee is incarcerated under other similar circumstances.
(f) Ineligible for Release. Despite a grant of parole at a Parole
Reconsideration hearing, the parolee may continue to be
incarcerated if serving a separate sentence or if subject to the
jurisdiction of another authority.
(g) Notice. Prior to any Parole Reconsideration hearing,
notices shall be sent pursuant to Penal Code sections 3041.7
and 3043 to parties related to the life crime, or related to
other crimes for which the parolee has been convicted as
defined in Penal Code section 3043(a). No notices are
required pursuant to Penal Code section 3042.

(b) Lawful Determination. Parole violation charges are
adjudicated by the court in accordance with Penal Code
section 1203.2, or by another lawful authority for
multijurisdiction parolees. Upon the lawful determination that
a parolee has committed a violation of law or violated a
condition of parole, the matter is remanded to the board for a
Parole Reconsideration initial hearing.

(h) Hearing Rights. At Parole Reconsideration hearings, the
parolee shall be provided all hearing rights in accordance
with Penal Code section 3041.5, with the exception of
subdivisions (b)(3) and (d), and shall be provided all hearing
rights in accordance with Penal Code section 3041.7, and
sections 2245 through 2256, or section 2367 for
multijurisdiction parolees, of these regulations, as applicable.

(c) Parole Reconsideration initial hearings. A Parole
Reconsideration initial hearing shall be held by the board on
the next available calendar, but no later than 12 months
following a lawful determination that a parolee has
committed a violation of law or violation of condition of
parole. At a Parole Reconsideration initial hearing, the board
shall not retry the evidentiary findings of the court or other

(i) Hearing Panel. Parole Reconsideration hearings shall be
heard by a two- or three-person panel composed of
commissioners or deputy commissioners, of which no more
than one may be a deputy commissioner. En banc referrals

39 

TITLE 15

Board of Parole Hearings 

shall be conducted in accordance with Penal Code section
3041.

manner that provides uniform terms for offenses of similar
gravity and magnitude in respect to the threat to the public. In
setting the parole date, the panel shall consider the
Sentencing Rules for the Superior Courts as they specifically
relate to life prisoners. The panel shall also consider the
criteria and guidelines set forth in this article for determining
the suitability for parole and the setting of parole dates,
considering the number of victims of the crime for which the
prisoner was sentenced and any other circumstances in
mitigation or aggravation.

(j) Review of Decision. Proposed decisions at Parole
Reconsideration hearings are subject to decision review by
the Chief Counsel pursuant to subdivision (h) of section 2041
of these regulations or by the full board en banc pursuant to
section 2044 of these regulations. Decisions are subject to the
Governor's review pursuant to Penal Code sections 3041.1 or
3041.2, as applicable.
(k) Parole Discharge. A lawful determination that a parolee
has committed a violation of law or violation of condition of
parole shall be considered an interruption in parole for
purposes of Penal Code sections 3000(b)(4), 3000.1(b), and
3001.

Note: Authority cited for Article 5 (Sections 2280-2292):
Section 5076.2, Penal Code. Reference: Section 3041, Penal
Code.
HISTORY

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076.2, Penal Code. Reference:
Sections 1203.2, 3000(b)(4), 3000.08(h), 3000.08(j), 3000.1,
3001, 3041, 3041.1, 3041.2, 3041.7 and 3043, Penal Code.

1. Repealer of Article 5 (Sections 2280-2297) and new
Article 5 (Sections 2280-2292) filed 7-31-78 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 78, No. 31). For history of former Article
8, see Registers 78, No. 14, and 77, No. 44.

HISTORY

2. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
§ 2281. Determination of Suitability.

1. New section filed 10-6-2006 as an emergency; operative
10-6-2006 (Register 2006, No. 40). A Certificate of
Compliance must be transmitted to OAL by 2-5-2007 or
emergency language will be repealed by operation of law on
the following day.

(a) General. The panel shall first determine whether a
prisoner is suitable for release on parole. Regardless of the
length of time served, a life prisoner shall be found unsuitable
for and denied parole if in the judgment of the panel the
prisoner will pose an unreasonable risk of danger to society if
released from prison.

2. Repealed by operation of Government Code section
11346.1(g) (Register 2007, No. 41).
3. New section filed 1-17-2008 as an emergency; operative 117-2008 (Register 2008, No. 3). A Certificate of Compliance
must be transmitted to OAL by 5-16-2008 or emergency
language will be repealed by operation of law on the
following day.

(b) Information Considered. All relevant, reliable information
available to the panel shall be considered in determining
suitability for parole. Such information shall include the
circumstances of the prisoner's: social history; past and
present mental state; past criminal history, including
involvement in other criminal misconduct which is reliably
documented; the base and other commitment offenses,
including behavior before, during and after the crime; past
and present attitude toward the crime; any conditions of
treatment or control, including the use of special conditions
under which the prisoner may safely be released to the
community; and any other information which bears on the
prisoner's suitability for release. Circumstances which taken
alone may not firmly establish unsuitability for parole may
contribute to a pattern which results in a finding of
unsuitability.

4. Certificate of Compliance as to 1-17-2008 order
transmitted to OAL 5-14-2008 and filed 6-23-2008 (Register
2008, No. 26).
5. Amendment of section heading, section and Note filed 526-2015; operative 7-1-2015 (Register 2015, No. 22).

Article 5. Parole Consideration Criteria and
Guidelines for Life Prisoners
§ 2280. General.
A life prisoner shall be considered for parole for the first time
at the initial parole consideration hearing. At this hearing, a
parole date shall be denied if the prisoner is found to be
unsuitable for parole under s 2281(c). A parole date shall be
set if the prisoner is found to be suitable for parole under s
2281(d). A parole date set under this article shall be set in a

(c) Circumstances Tending to Show Unsuitability. The
following circumstances each tend to indicate unsuitability

40 

TITLE 15

Board of Parole Hearings 

for release. These circumstances are set forth as general
guidelines; the importance attached to any circumstance or
combination of circumstances in a particular case is left to the
judgment of the panel. Circumstances tending to indicate
unsuitability include:

(3) Signs of Remorse. The prisoner performed acts which
tend to indicate the presence of remorse, such as attempting
to repair the damage, seeking help for or relieving suffering
of the victim, or the prisoner has given indications that he
understands the nature and magnitude of the offense.

(1) Commitment Offense. The prisoner committed the
offense in an especially heinous, atrocious or cruel manner.
The factors to be considered include:

(4) Motivation for Crime. The prisoner committed his
crime as the result of significant stress in his life, especially if
the stress had built over a long period of time.

(A) Multiple victims were attacked, injured or killed in
the same or separate incidents.

(5) Battered Woman Syndrome. At the time of the
commission of the crime, the prisoner suffered from Battered
Woman Syndrome, as defined in section 2000(b), and it
appears the criminal behavior was the result of that
victimization.

(B) The offense was carried out in a dispassionate and
calculated manner, such as an execution-style murder.
(C) The victim was abused, defiled or mutilated during or
after the offense.

(6) Lack of Criminal History. The prisoner lacks any
significant history of violent crime.

(D) The offense was carried out in a manner which
demonstrates an exceptionally callous disregard for human
suffering.

(7) Age. The prisoner's present age reduces the probability
of recidivism.
(8) Understanding and Plans for Future. The prisoner has
made realistic plans for release or has developed marketable
skills that can be put to use upon release.

(E) The motive for the crime is inexplicable or very
trivial in relation to the offense.
(2) Previous Record of Violence. The prisoner on previous
occasions inflicted or attempted to inflict serious injury on a
victim, particularly if the prisoner demonstrated serious
assaultive behavior at an early age.

(9) Institutional Behavior. Institutional activities indicate
an enhanced ability to function within the law upon release.
Note: Authority cited: Sections 3041, 3052 and 5076.2, Penal
Code. Reference: Sections 3041 and 4801, Penal Code.

(3) Unstable Social History. The prisoner has a history of
unstable or tumultuous relationships with others.

HISTORY

(4) Sadistic Sexual Offenses. The prisoner has previously
sexually assaulted another in a manner calculated to inflict
unusual pain or fear upon the victim.

1. Amendment of subsection (c) filed 6-28-79; effective
thirtieth day thereafter (Register 79, No. 26).
2. Amendment of subsection (d)(7) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

(5) Psychological Factors. The prisoner has a lengthy
history of severe mental problems related to the offense.

3. New subsection (d)(5), subsection renumbering, and
amendment of Note filed 3-16-2001 as an emergency;
operative 3-16-2001 (Register 2001, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-16-2001 or
emergency language will be repealed by operation of law on
the following day.

(6) Institutional Behavior. The prisoner has engaged in
serious misconduct in prison or jail.
(d) Circumstances Tending to Show Suitability. The
following circumstances each tend to show that the prisoner
is suitable for release. The circumstances are set forth as
general guidelines; the importance attached to any
circumstance or combination of circumstances in a particular
case is left to the judgment of the panel. Circumstances
tending to indicate suitability include:

4. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2282. Base Term.

(1) No Juvenile Record. The prisoner does not have a
record of assaulting others as a juvenile or committing crimes
with a potential of personal harm to victims.

(a) General. The panel shall set a base term for each life
prisoner who is found suitable for parole. The base term shall
be established solely on the gravity of the base offense,
taking into account all of the circumstances of that crime. The
base offense is the most serious of all life offenses for which
the prisoner has been committed to prison.

(2) Stable Social History. The prisoner has experienced
reasonably stable relationships with others.

41 

TITLE 15

Board of Parole Hearings 

The base term shall be established by utilizing the appropriate
matrix of base terms provided in this section for the base
offense of which the prisoner was convicted. The panel shall
determine the category most closely related to the
circumstances of the crime. The panel shall impose the
middle base term reflected in the matrix unless the panel
finds circumstances in aggravation or mitigation.
If the panel finds circumstances in aggravation or in
mitigation as provided in § 2283 or 2284, the panel may
impose the upper or lower base term provided in the matrix,
stating the specific reason for imposing such a term. A base
term other than the upper, middle or lower base term
provided in the matrix may be imposed by the panel if
justified by the particular facts of the individual case.

42 

Board of Parole Hearings 

TITLE 15

(b) Matrix of Base Terms for First Degree Murder.
2282(b)

A. Indirect

First Degree Murder
Penal Code § 189 (in years and does not
include post conviction credit as provided
in § 2290)

B.

Direct or Victim
Contribution

C. Severe Trauma

D. Torture

Victim died of
causes related to
the act of the
prisoner but was
not directly
assaulted by
prisoner with
deadly force; e.g.,
shock producing
heart attack, a
crime partner
actually did the
killing.

Death was almost
immediate or resulted at
least partially from
contributing factors
from the victim; e.g.,
victim initiated struggle
or had goaded the
prisoner. This does not
include victims acting in
defense of self or
property.

Death resulted from severe
trauma inflicted with
deadly intensity; e.g.,
beating, clubbing,
stabbing, strangulation,
suffocation, burning,
multiple wounds inflicted
with a weapon not
resulting in immediate
death or actions calculated
to induce terror in the
victim.

Victim was
subjected to the
prolonged
infliction of
physical pain
through the use
of nondeadly
force prior to
act resulting in
death.

8-10-12

10-12-14

11-13-15

13-15-17

10-12-14

12-14-16

13-15-17

15-17-19

11-13-15

13-15-17

14-16-18

16-18-20

13-15-17

15-17-19

16-18-20

18-20-22

I. Participating Victim
Victim was accomplice or otherwise
implicated in a criminal act with the
prisoner during which or as a result of
which the death occurred; e.g., crime
partner, drug dealer, etc.
II. Prior Relationship
V
I
C
T
I
M

Victim was involved in a
personal relationship
with prisoner (spouse,
family member, friend,
etc.) which contributed to
the motivation for the act
resulting in death. If
victim had a personal
relationship but prisoner
hired and/or paid a
person to commit the
offense, see Category IV.
III. No Prior Relationship

Victim had little or no personal
relationship with prisoner; or motivation
for act resulting in death was related to
the accomplishment of another crime; e.g.,
death of victim during robbery, rape, or
other felony.
IV. Threats to Public Order or Murder for
Hire
The act resulting in the victim’s death
constituted a threat to the public order
include the murder of a police officer,
prison guard, public official, fellow
patient or prisoner, any killing within an
institution, or any killing where the
prisoner hired and/or paid another person
to commit the offense.
 

43 

Board of Parole Hearings 

TITLE 15

(c) Matrix for Kidnapping for Robbery or Ransom.

A. Minor Movement

2282(c)

B. Extensive Movement

C. Hostage

D. Planning

Kidnap for Robbery or Ransom
Penal Code § 209 (in years and does not
include post conviction credit as provided
in § 2290)

Movement was of short
duration and resultant
location would not
substantially increase
risk of harm.

Movement was of lengthy
duration or resultant
location would
substantially increase
risk of harm.

Victim was taken as
hostage.

The crime involved
intricate prior
planning.

I. Minor Injury

8-10-12

9-11-13

10-12-14

11-13-15

9-11-13

10-12-14

11-13-15

12-14-16

10-12-14

11-13-15

12-14-16

13-15-17

Victim unharmed or received minor
injury.
V

II. Victim Assaulted

I
C
T
I

Victim was sexually
assaulted or otherwise
seriously injured or
assaulted.

M
III. Major Injury
Victim’s major injuries required
extensive treatment or the victim was
seriously disabled.
 
IV. Death

 
Use matrix provided in
Section 2282(b).

Victim died.

1. Amendment of subsection (b), Categories II and IV, filed
5-1-80; effective thirtieth day thereafter (Register 80, No.
18).
§ 2283. Circumstances in Aggravation of the Base Term.

(d) Matrix for Other Life Crimes.
In considering crimes for which no matrix is provided, the
panel shall impose a base term by comparison to offenses of
similar gravity and magnitude in respect to the threat to the
public, and shall consider any relevant Judicial Council rules
and sentencing information as well as any circumstances in
aggravation or mitigation of the crime.

(a) General. The panel shall impose the upper base term or
another term longer than the middle base term upon a finding
of aggravating circumstances. Circumstances in aggravation
of the base term for any life crime include:
(1) The crime involved some factors described in the
appropriate matrix in a category higher on either axis than the
categories chosen as most closely related to the crime;

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041, Penal Code.
HISTORY

(2) The victim was particularly vulnerable due to age or
physical or mental condition;

44 

TITLE 15

Board of Parole Hearings 

(3) The prisoner occupied a position of leadership or
dominance over other participants in the commission of the
crime, or the prisoner induced others to participate in the
commission of the crime;

(d) Specific Circumstances in Aggravation of Other Life
Crimes. The hearing panel shall consider any specific factors
in aggravation, including those established by the Judicial
Council, as they may pertain to setting parole dates for these
offenses.
§ 2284. Circumstances in Mitigation of the Base Term.

(4) The prisoner has a history of criminal behavior for
which the term is not being enhanced under Section 2286;

(a) General. The panel shall impose the lower base term or
another term shorter than the middle base term upon a finding
of mitigating circumstances. Circumstances in mitigation of
the base term for any life crime include:

(5) During the commission of the crime the prisoner had a
clear opportunity to cease but instead continued;
(6) The prisoner has engaged in other reliably documented
criminal conduct which was an integral part of the crime for
which the prisoner is currently committed to prison;
(7) The prisoner had a special relationship of confidence
and trust with the victim, such as that of employee-employer;

(1) The crime involved some factors described in the
appropriate matrix in a category lower on either axis than the
categories chosen as most closely related to the crime;

(8) The manner in which the crime was committed created
a potential for serious injury to persons other than the victim
of the crime;

(2) The prisoner participated in the crime under partially
excusable circumstances which do not amount to a legal
defense;

(9) The prisoner was on probation or parole or was in
custody or had escaped from custody at the time the crime
was committed.

(3) The prisoner had no apparent predisposition to commit
the crime but was induced by others to participate in its
commission;

(b) Specific Circumstances in Aggravation of First Degree
Murder (Penal Code Section 187) Include:

(4) The prisoner tried to help the victim or sought aid after
the commission of the crime or tried to dissuade the crime
partner from committing other offenses;

(1) The murder was wanton and apparently senseless in
that it was committed after another crime occurred and served
no purpose in completing that crime;

(5) The prisoner has a minimal or no history of criminal
behavior;
(6) The prisoner was a passive participant or played a
minor role in the commission of the crime;

(2) The corpse was abused, mutilated or defiled;
(3) The prisoner went to great lengths to hide the body or
to avoid detection;

(7) The crime was committed during or due to an unusual
situation unlikely to reoccur;

(4) The murder was committed to preclude testimony of
potential or actual witnesses during a trial or criminal
investigation;

(8) The crime was committed during a brief period of
extreme mental or emotional trauma.
(9) Battered Woman Syndrome. At the time of the
commission of the crime, the prisoner suffered from Battered
Woman Syndrome, as defined in section 2000(b), and it
appears the criminal behavior was the result of that
victimization.

(5) The murder was committed to prevent discovery of
another crime;
(6) The murder was committed by a destructive device or
explosive; (7) There were multiple victims for which the term
is not being enhanced under s 2286;

(b) Specific Circumstances in Mitigation of Life Crimes. The
hearing panel shall consider any specific factors in
mitigation, including those established by the Judicial
Council, as they may pertain to setting parole dates for these
offenses.

(c) Specific Circumstances in Aggravation of Kidnapping for
Robbery or Ransom (Penal Code Section 209) Include:
(1) The incident involved multiple victims;
(2) The property or ransom taken or which the prisoner
attempted to take had a value of $25,000 or more;

Note: Authority cited: Sections 3041, 3052 and 5076.2, Penal
Code. Reference: Sections 3041 and 4801, Penal Code.

(3) The kidnapping posed a threat to the public order, such
as victim was a public official;

HISTORY

45 

TITLE 15

Board of Parole Hearings 

1. New subsection (a)(9) and new Note filed 3-16-2001 as an
emergency; operative 3-16-2001 (Register 2001, No. 11). A
Certificate of Compliance must be transmitted to OAL by 716-2001 or emergency language will be repealed by operation
of law on the following day.

panel should consider the date of the prior conviction and the
length of time between release from custody and subsequent
convictions if the prisoner has never been placed in custody.
The period of confinement shall not be increased for
convictions or prior prison terms resulting from convictions
that have been reversed in court or pardoned by the
executive.

2. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2285. Additional Term for the Use of a Firearm.

(1) Prior Prison Terms. In adding enhancements for prior
prison terms the panel should be guided by the determinate
enhancements for prior prison terms.

The panel shall impose a specific enhancement of two years
if the prisoner personally used a firearm in the commission of
any life crime unless the panel states specific reasons for not
adding the enhancement.
§ 2286. Additional Terms for Other Offenses.

(2) Prior Felony Convictions With Probation. An
enhancement of six months should be added for each prior
felony conviction for which the prisoner was granted
probation.
(d) Additional Term for Disciplinary Offenses. The panel
may impose a specific enhancement for serious disciplinary
offenses which occurred since arrival in prison but before a
parole date is granted. Only disciplinary offenses which
might have resulted in rescission proceedings after a parole
date had been granted as specified ins 2451 may be
considered for enhancing the total period of confinement.
Serious disciplinaries which occur after a parole date has
been granted may increase the total period of confinement
only after rescission proceedings (see Chapter 4).

(a) General. The panel shall impose enhancements as
provided in this section.
If the panel finds circumstances in aggravation or mitigation
as provided inss 2287 or 2288, the panel may impose a higher
or lower enhancement, or may impose no enhancement, if the
panel states the specific reasons for doing so.
(b) Multiple Commitments. An enhancement should be added
to the base term if the prisoner has been committed to prison
for more than one offense, regardless of whether the
sentences are to be served concurrently or consecutively with
the life sentence or each other.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041, Penal Code.

(1) Nonlife Offenses. Except as provided in (3) below, in
adding enhancements for nonlife offenses, the panel should
be guided by Penal Code Section 1170.1. The panel shall
select a principal term and subordinate terms based on the
nonlife offenses and add the total term to the term established
for the life offense. The term for the nonlife offense shall be
the term in effect at the time the prisoner committed the
offense.

HISTORY
1. New subsection (c) filed 8-18-78 as an emergency;
designated effective 8-21-78. Filed in the week of Register
78, No. 33, this amendment is printed in Register 78, No. 41
for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).

(2) Life Sentence Offenses. The enhancement for each life
sentence offense in addition to the base term should be seven
years.

3. Amendment of Footnote 2 in subsection (b) filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
4. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

(3) Nonlife 1168 Offenses. The enhancement for each
nonlife 1168 offense should be six months.

5. Amendment of subsections (b) and (c) filed 2-8-80;
effective thirtieth day thereafter (Register 80, No. 6).
§ 2287. Circumstances in Aggravation of the Additional
Term for Other Crimes.

(c) Prior Felony Convictions. An enhancement should be
added to the base term for prior felony convictions as
specified in this subsection, regardless of whether the prior
felony conviction or prison term was pled and proven. The
panel may add less than the determinate enhancement if the
prior felony conviction or prison term was not pled and
proven. In adding enhancements under this subsection, the

Circumstances which may justify imposition of a term for
another crime higher than that suggested in Section 2286
include:

46 

TITLE 15

Board of Parole Hearings 

(a) Pattern of Violence. A victim was seriously injured or
killed in the course of the other crime, or there was a
substantial likelihood of serious injury or death resulting from
the acts of the prisoner.

(e) Other. The other crime involved any of the circumstances
in mitigation enumerated in the Sentencing Rules for the
Superior Courts.
§ 2289. Fixing a Parole Date: Computation.

(b) Numerous Crimes. The other crime was part of a series of
crimes which occurred during a single period of time, show a
pattern of similar conduct, and resulted in convictions, but
have not resulted in enhancement under Section 2286.

The terms set for the life crime, specific enhancements, and
other crimes shall be added together resulting in a total life
term. Any preprison credit shall be deducted (see Sections
2342-2344) from and any time at large shall be added to the
total life term. The adjusted life term shall be added to the
reception date for the life crime.

(c) Crimes of Increasing Seriousness. The other crime, when
considered with the principal crime, indicates a significant
pattern of increasingly serious criminal conduct.

(e) Status. The prisoner was on probation or parole or was in
custody or had escaped from custody when the crime was
committed.

The reception date is the date the prisoner was received for
the life crime under Penal Code Section 2900 or 1203.2a. If
the prisoner was serving a nonlife term at the time of
sentencing for the life crime the reception date is the date the
prisoner was returned from court with the new life term. If
the prisoner was serving a life term at the time of sentencing
for another life crime, the reception date is the date the
prisoner was received for the original life crime under Penal
Code Section 2900 or 1203.2a.

(f) Other. The other crime involved any of the circumstances
in aggravation enumerated in the Sentencing Rules for the
Superior Courts.
§ 2288. Circumstances in Mitigation of the Additional
Term for Other Crimes.

If the time already served by the prisoner exceeds the term set
pursuant to this article, the panel's order shall read “Prisoner
to be released upon time already served,” and the prisoner
shall be released in accordance with Article 9 of this chapter.
§ 2290. Postconviction Credit.

Circumstances which may justify imposition of a term for
another crime lower than that suggested in Section 2286, or
which may justify imposition of no enhancement, include:

(a) General. Life prisoners may earn postconviction credit for
each year spent in state prison. Postconviction credit for time
served prior to the hearing at which a parole date is
established shall be considered at that parole consideration
hearing. Thereafter, postconviction credit for time served
since the last hearing shall be considered at progressive
hearings. In no case may postconviction credit advance a
release date earlier than the minimum eligible parole date.
Provided, however, postconviction credits which would
advance the parole release date to less than 180 days from the
date of the hearing shall not be granted unless or until the
parole review authority of the Governor is exercised pursuant
to Penal Code section 3041.1.

(d) Independent Criminal Activity. The other crime and its
objective were independent of the life crime or the other
crime was committed at a different time and place, indicating
a significant pattern of criminal behavior rather than a single
period of aberrant behavior.

(a) Minor Punishment for Other Crime. The period of
incarceration imposed for the other crime as a condition of
probation or as the sentence for the other crime is equal to or
less than the additional term provided by Section 2286.
(b) Successful Completion of Probation or Parole. The
prisoner's performance on probation or parole for the other
crime was good, and the prisoner was free of criminal
convictions for a reasonable period of time following
probation or parole.
(c) Insignificant Prior Record. The other crime is unrelated to
the principal offense in time, or in the kind of criminal
conduct involved, or in the apparent motivation or cause of
the criminal conduct indicating an insignificant pattern of
criminal behavior.

(b) Amount of Credit. Postconviction credit shall be granted
to life prisoners in a manner which allows similar amounts of
time to prisoners in similar circumstances.
The suggested amount of postconviction credit is 4 months
for each year served since the date the life term started. The
board may grant more or less than 4 months annual
postconviction credit when the prisoner's performance,
participation or behavior warrants such adjustment of credit.
Less than 4 months credit may be granted if the prisoner fails

(d) Probation. The prisoner was granted probation after
conviction of the other offense.

47 

TITLE 15

Board of Parole Hearings 

to meet the general expectations set forth in Section 2290(c).
More than 4 months credit may be granted if the prisoner
demonstrates exceptional performance in a work assignment,
exceptional participation in self-help or rehabilitative
programs,or other exemplary conduct. If a panel grants more
than 4 months of postconviction credit at an annual hearing,
the case shall be reviewed as provided in Sections 2041-2043.

be applied to any new term established after rescission or
reconviction after a reversal.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3041, Penal Code. In re Stanley, 54
Cal.App.3d 1030 (1976).
HISTORY
1. Amendment of subsection (a) filed 8-18-78 as an
emergency; designated effective 8-21-78. Filed in the week
of Register 78, No. 33, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).

(c) Criteria. In determining the amount of postconviction
credit to be granted, the panel shall consider the following:
(1) Performance in Institutional Work Assignments. All life
prisoners are presumed to work and to perform satisfactorily
in work assignments (see CDC Rules 3040 and 3041). Lack
of a work assignment shall not necessarily prevent the
granting of postconviction credit. The panel shall consider the
nature and availability of work assignments at the institution,
the prisoner's custody status, and any other impediments to
the prisoner's receiving a work assignment.

2. Certificate of Compliance filed 10-27-78 (Register 78, No
43).
3. Editorial correction in placement of history notes (Register
78, No. 43).
4. Repealer of subsection (a)(1) and amendment of subsection
(b)(1) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).

(2) Participation in Self-help and Rehabilitative Programs.
All life prisoners are presumed to participate in programs for
self development (refer to CDC Rules 3040 and 3041). Lack
of program participation shall not necessarily prevent the
granting of postconviction credit. The panel shall consider the
nature and availability of programs at the institution, the
prisoner's custody status, and any other impediments to the
prisoner's participation in programs.

5. New subsection (e) filed 6-11-79; effective thirtieth day
thereafter (Register 79, No. 24).
6. Amendment of subsections (a) and (b) filed 8-12-82;
effective thirtieth day thereafter (Register 82, No. 33).
7. Amendment of subsection (d) filed 1-20-88; operative 219-88 (Register 88, No. 5).
8. Amendment of subsection (a) and Note filed 12-20-93;
operative 1-19-94 (Register 93, No. 52).

(3) Behavior in the Institutional Setting. All life prisoners
are presumed to behave in a disciplinary-free manner, in
accordance with state law and departmental regulations (refer
to CDC Rules 3000-3021). However, a minor disciplinary
offense shall not necessarily prevent the granting of
postconviction credit.

9. Editorial correction of subsection (e) (Register 95, No. 45).
§ 2291. New Crimes.
New crimes committed by the prisoner shall be dealt with in
accordance with Section 2286.
§ 2292. Retroactivity.

(d) Credit Not Granted. No annual postconviction credit shall
be granted in the case of any prisoner who commits serious or
numerous infractions of departmental regulations, violates
any state law, or engages in other conduct which could result
in rescission of a parole date (see Section 2451), unless the
panel finds evidence in mitigation and supports such finding
with a statement of its reasoning. Consistent unsatisfactory
performance in work assignments, consistent failure to
engage in program participation, or consistent overall
negative behavior demonstrated by numerous minor
disciplinary reports may, individually or cumulatively, justify
the withholding of annual postconviction credit which
otherwise could have been granted.

(a) General. All life prisoners committed to state prison for
crime(s) committed prior to July 1, 1977 shall be heard in
accordance with rules in effect prior to 7/1/77. All life
prisoners heard after the effective date of these regulations,
who have been committed to state prison for crime(s)
committed after 7/1/77, shall be heard in accordance with this
article.
(b) No Parole Date Was Set Prior to July 1, 1977. The
hearing panel shall deny parole or set a parole date as
provided in Sections 2281-2290.
(c) Parole Date Was Set Prior to July 1, 1977. The hearing
panel shall deny parole or set a parole date as provided in
Sections 2281-2290 as though no parole date had been set
previously. If the parole date is earlier than a parole date set

(e) Change in Parole Date. Once postconviction credit is
granted for a particular year of imprisonment, the credit shall

48 

TITLE 15

Board of Parole Hearings 

before the effective date of these regulations, the date set
under these regulations is the controlling parole date. If the
parole date is later than the previous date, the previous date is
the controlling parole date.

prisoner was originally received on the life crime, the length
of time the prisoner served prior to parole on the life crime,
the length of the term for the new nonlife commitments, the
length of time the prisoner served on parole prior to
committing the new crime and the prisoner's parole
adjustment. If the prisoner served a lengthy term prior to
release on parole or has a new nonlife term that will extend
three or more years beyond the period of confinement that
could be set for the life crime the panel may discharge the
original life term by setting a parole date on the life crime to
be sixty days after the hearing and waiving parole on the life
crime. The prisoner will then have an 1170.2(a) DSL release
date calculated and ISL parole hearings.

Postconviction Credit. In determining the amount of
postconviction credit appropriate for a prisoner's conduct
during a specified period of time, the panel shall apply the
guidelines under which the parole date was originally
established. For example, a prisoner who had a parole date
established under guidelines in effect prior to July 1, 1977
shall be considered for postconviction credit under the
guidelines in effect prior to July 1, 1977. Any credit granted
under those guidelines shall advance the parole date
established under those guidelines. If a prisoner also has a
parole date established under Section 2282 the panel shall
determine the amount of credit applicable under Section
2290, and that credit shall be deducted from the parole date
established under Section 2282.

If the panel determines that the original life sentence should
not be discharged, the panel shall set a parole date and may
use the life crime as the base crime and making adjustments
for the new crimes. In determining an appropriate adjustment
for the new crime the panel shall follow the suggested terms
in Section 2286. If, after the application of pre-prison credit,
the term on the life crime expires prior to the commission of
the new crimes, the decision at the parole hearing will be
deemed a discharge on the original life term, effective 60
days after the hearing and the prisoner will have an 1170.2(a)
DSL release date calculated and ISL parole hearings on the
ISL crimes. If the term on the life crime does not expire prior
to the commission of the new crimes, the prisoner remains a
life prisoner and the parole date set at the parole hearing shall
be the parole date as provided in subsections (b) and (c)
above.

(d) Parole Violators. Life prisoners whose paroles were
revoked prior to July 1, 1977, shall have parole dates set as
provided in subsections (1) and (2) of this section:
(1) Returned to Finish Term. The hearing panel shall set a
parole date as provided in Sections 2281-2290. The life crime
shall be the base crime. The parole violation that resulted in
the return to prison shall be considered as an adjustment for
postconviction factors and may increase the period of
confinement for the life crime by an amount of time the
hearing panel determines to be appropriate for the particular
violation. If after application of preprison credit and at-large
time, the base period of confinement life term expires prior to
commission of the offenses resulting in the violation, the
prisoner will be paroled effective 60 days after the hearing.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code; In re
Stanley, 54 Cal. App. 3d 1030 (1976); and In re Stanworth,
33 Cal. App. 3d 176 (1976).

(2) With New Term.

HISTORY

(A) Life Sentence. If the new term includes a life
sentence, the hearing panel should discharge the original life
term and deny parole or set a parole date for the new life
sentence adding time for any nonlife commitments as
multiple commitment offenses pursuant to Sections 22812290. The action to discharge the original term shall be to set
a parole date on the original life term effective 60 days after
the date of the hearing and to waive parole on the original life
term.

1. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
2. New subsection (e) filed 5-1-80; effective thirtieth day
thereafter (Register 80, No. 18).
3. Amendment of subsection (c) and repealer of subsection
(e) filed 8-12-82; effective thirtieth day thereafter 82, No.
33).
4. Amendment of subsection (a) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

(B) Nonlife Sentence. If the new term includes only
nonlife sentences the hearing panel shall first consider
whether to discharge the original life sentence. In making this
determination the panel shall consider: the date on which the

Article 6. Parole Consideration Procedures for Isl
Prisoners
§ 2300. General.

49 

TITLE 15

Board of Parole Hearings 

All ISL prisoners shall be considered for parole pursuant to
the procedures in this article. ISL prisoners with new criminal
or disciplinary charges pending shall be scheduled as
provided in Section 2307. ISL prisoners with changes in legal
status shall be scheduled as provided in Section 2308.

what steps may be undertaken to enhance the possibility of a
grant of parole at a future hearing.

ISL prisoners shall also have a DSL release date calculated as
provided in Chapter 2, Article 3. Actual release on parole
shall occur on the ISL parole date as calculated in this article
or the DSL release date, whichever occurs first. Until actual
release, the prisoner is entitled to the ISL parole consideration
hearings described in this article.
§ 2301. Information Considered.

(b) Scheduling. The initial parole hearing shall be scheduled
as follows:

At all parole consideration hearings described in this article,
the hearing panel shall consider the information described in
Sections 2232-2235.

A prisoner whose MEPD is more than 120 days after
reception shall be scheduled one month before the MEPD.
§ 2305. Progress Hearing.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041 and 5076.1, Penal Code.

(a) General. At this hearing the hearing panel shall determine
whether a previously set parole date should be advanced due
to the prisoner's conduct in prison or any change in
circumstances as provided ins 2324(b). The reasons for
advancing or not advancing the parole date shall be
documented by the hearing panel.

If a prisoner is found suitable for parole, a tentative parole
date shall be set as provided in Sections 2318-2328 utilizing
the factors of Section 2317 and the ranges of Section 2329.

(1) MEPD within 120 days.
A prisoner whose MEPD is within 120 days of reception shall
be scheduled within 120 days of reception.
(2) MEPD over 120 Days.

HISTORY
1. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
§ 2302. Panel Composition. [Repealed]
HISTORY

(b) Scheduling. The hearing shall be scheduled by department
staff according to the following schedule:

1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2303. Prisoner Rights.

(1) If the parole date is within 9 months of the date of the
last parole consideration hearing, no progress hearing shall be
scheduled.

At all parole consideration hearings described in this article
the prisoner shall have the rights specified in Sections 22452255. The record of the hearing shall be a tape recording.

(2) If the parole date is between 10 and 14 months of the
date of the last parole consideration hearing, this hearing shall
be scheduled during the fourth month prior to the parole date.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 1170.2 (c), Penal Code.

(3) If the parole date is 15 months or more of the date of the
last parole consideration hearing, this hearing shall be
scheduled at the twelfth month after the hearing at which the
parole date was set and annually thereafter.

HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

(4) Any time department staff feels an earlier parole date
would be appropriate, department staff shall place the case on
the institutional miscellaneous proceedings calendar with
documentation of the reasons for requesting the progress
hearing. The board may deny the department request or may
order a progress hearing scheduled.

2. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).
§ 2304. Initial Parole Hearing.
(a) General. At this hearing the prisoner shall be considered
for parole for the first time. The hearing panel shall first
determine whether the prisoner is unsuitable for parole under
the criteria in Section 2316. If the prisoner is found
unsuitable, parole shall be denied, and a written statement of
the specific factual reasons for the denial shall be given to the
prisoner. The hearing panel may recommend to the prisoner

(5) A progress hearing shall not be scheduled for a prisoner
with an ISL parole date which is later than a confirmed DSL
release date if the maximum advancement that could be
granted at the progress hearing (4 months per year) plus a 60day advancement would not result in advancing the ISL
parole date to a date earlier than the DSL release date.

50 

TITLE 15

Board of Parole Hearings 

If department staff believes that the prisoner may warrant an
advancement of more than 4 months, the case may be placed
on the miscellaneous proceedings calendar for review.

2. Amendment filed 2-8-80; effective thirtieth day thereafter
(Register 80, No. 6).
§ 2308. Hearings for Prisoners with Changes in Legal
Status.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Stanley, 54 Cal.App.3d 1030 (1976) and
Section 1170.2, Penal Code.

Changes in legal status include: a final court decision altering
the prisoner's commitment status, modification of the
judgment or abstract of judgment, and new commitments.

HISTORY

(a) Before Initial Parole Hearing. If a prisoner's legal status
changes before the initial parole hearing, the change in legal
status shall be considered at the initial parole hearing as
regularly scheduled or as would be scheduled considering the
change in legal status.

1. Amendment of subsection (a) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).
2. New subsection (b)(5) filed 10-25-79; effective thirtieth
day thereafter (Register 79, No. 43).
3. Amendment of subsection (b) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).
§ 2306. Subsequent Parole Hearing.

(b) After Initial Parole Hearing. If a prisoner's legal status
changes after the initial parole hearing, department staff shall
immediately schedule the prisoner for a progress or
subsequent parole hearing as appropriate.

(a) General. At this hearing each prisoner who was previously
denied parole shall be reconsidered for parole in the same
manner as at the initial parole hearing. The hearing panel
shall consider the information developed since the last
hearing applying the criteria of Sections 2316-2317.

(c) New Commitment. If a prisoner with a previously
established parole date receives a new commitment to state
prison the parole date shall be rescinded. No hearing or other
board action is required. The department shall record the
rescission of the parole date on the grounds that the prisoner
has received a new commitment. The prisoner may appeal the
rescission only on the grounds that he is not the person
sentenced to state prison by the new judgment.

(b) Scheduling. This hearing shall be scheduled 12 months
after the most recent hearing and annually thereafter.
HISTORY
1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
§ 2307. Hearing for Prisoners with New Criminal or
Disciplinary Charges Pending.

If the new commitment is for a life sentence, the prisoner
shall be scheduled for a documentation hearing during the
36th month after commencement of the life term (§ 2269.1)
and a parole consideration hearing during the 13th month
prior to the new minimum eligible parole date (§ 2268(c)).

Department staff shall postpone the parole consideration
hearing of any prisoner who has new criminal or serious
disciplinary charges (see Director's Rule 3315) pending
immediately prior to a regularly scheduled hearing.
Department staff shall place the case on the miscellaneous
proceedings calendar every 90 days from the date of the
originally scheduled hearing including a report of the status
of the case. Following conclusion of the criminal or
disciplinary charges, the case shall be scheduled for the next
regular calendar.

If the new commitment is for an indeterminate sentence, the
prisoner shall be scheduled for a parole consideration hearing
one month before the minimum eligible parole date for the
new commitment offense or within 120 days if the M.E.P.D.
is within 120 days of receipt of the new commitment (§
2304).
If the new commitment is for a determinate term, the parole
consideration hearing shall be conducted within 60 days of
receipt of the new commitment unless no parole
consideration hearing is required under § 2310.

Note: Authority cited; Section 5076.2, Penal Code.
Reference: Section 1170.2, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.

HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

HISTORY
1. New subsection (c) filed 1-25-79; effective thirtieth day
thereafter (Register 79, No. 4).

51 

TITLE 15

Board of Parole Hearings 

2. Amendment of subsection (c) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).

(c) Consecutive ISL and DSL Terms. A prisoner serving
consecutive ISL and DSL terms shall be scheduled for an ISL
parole consideration hearing only if the minimum DSL
release date on the combined ISL and DSL terms is:

3. Amendment of subsection (c) filed 6-17-2003; operative 717-2003 (Register 2003, No. 25).
§ 2309. Hearings for Prisoners with Confirmed 1170.2
Release Dates.

(1) later than the DSL release date on the DSL term
considered alone (as if it were concurrent) and

Any ISL prisoner who has a confirmed 1170.2(a) release date
which will occur less than 60 days after a scheduled ISL
parole hearing will be removed from the ISL calendar and
released on this 1170.2(a) release date. An 1170.2(a) release
date is confirmed when the calculation of the determinate
term has been signed by three commissioners or deputy
commissioners of the board.

(2) more than 60 days later than the earliest eligible parole
date computed by adding the MEPD on the ISL term and the
minimum DSL on the DSL term standing alone.
If a prisoner who was not scheduled for a hearing loses good
time credit the earliest eligible release date, combined DSL
release date and DSL release date on the DSL term shall be
recalculated. The prisoner shall be scheduled for a hearing
only if the requirements of (1) and (2) above are met. The
hearing shall be held within two months of the loss of good
time credit.

If the prisoner may have a special or particular parole plan
which could warrant the advancement of the ISL date to a
date earlier than his DSL date the case shall be placed on the
miscellaneous proceedings calendar. The board will review
the case to determine if a progress hearing is warranted.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 1170.2, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2, 5075 and 5076.1, Penal Code.

HISTORY

HISTORY

1. New section filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

1. New section filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

2. Amendment of subsection (a) filed 10-25-79; effective
thirtieth day thereafter (Register 79, No. 43).

2. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).
§ 2310. Hearings for Prisoners Serving ISL and DSL
Terms.

Article 7. Parole Consideration Criteria and
Guidelines for Isl Prisoners
§ 2315. General.
In considering an ISL prisoner for parole, the hearing panel
shall consider the criteria and be guided by the ranges
suggested in this article in setting a parole date.

(a) General. Prisoners serving both ISL and DSL terms shall
have an ISL parole consideration hearing only if the board
could set an ISL parole date that would result in a release
earlier than the release date calculated under Penal Code
Section 1170.2. If an ISL parole consideration hearing is
required, it shall be held as provided in Section 2304. At the
ISL parole consideration hearing the panel will set a period of
confinement for the ISL sentence only, disregarding any
crimes for which the prisoner received a determinate
sentence.

Applying the criteria in 2316, the hearing panel shall first
determine whether the prisoner is unsuitable for parole. If the
prisoner is found unsuitable, parole shall be denied.
If the prisoner is found suitable for parole, the hearing panel
shall consider the criteria in 2317 to determine the total
period of confinement. The hearing panel shall determine the
period of confinement following the procedures in 23182328.
§ 2316. Unsuitability Criteria.

(b) Concurrent ISL and DSL Terms. A prisoner serving
concurrent ISL and DSL terms shall be scheduled for an ISL
parole consideration hearing only if the minimum DSL
release date on the ISL term is:

In determining whether an ISL prisoner is unsuitable for
parole the hearing panel shall consider factors which affect
the severity of the offense and the risk of danger to society if
the prisoner were released. Examples of factors indicating the
prisoner is unsuitable for parole include:

(1) later than the DSL release date on the DSL term and
(2) more than sixty days later than the MEPD on the ISL
term.

(a) A history of violent attacks.

52 

TITLE 15

Board of Parole Hearings 

(b) A history of forcible sexual attacks on others.

organization; the crime was part of a large scale effort to
disrupt business or safety; or the crime was done for hire.

(c) A persistent pattern of criminal behavior and a failure to
demonstrate evidence of a substantial change for the better.

(5) Crimes Against Property.

(d) The presence of a psychiatric or psychological condition
related to the prisoner's criminality which creates a high
likelihood that new serious crimes will be committed if
released.
§ 2317. Fixing a Parole Date: Criteria.

(A) Harm to victim, such as a victim left destitute or
suffers substantial losses; a victim physically or sexually
abused in course of offense.
(B) Systematic in nature, such as when the crime is part
of a complex scheme or criminal network or is repeatedly
practiced on unsophisticated victims.

(a) General. If the prisoner is found suitable for parole, in
setting a parole date the hearing panel shall consider the
seriousness of the offense and any relevant criteria described
in the sentencing rules the Judicial Council may issue.

(6) Weapons Offenses. Potential for harm, such as bringing
a weapon into an institution by a person with privileged
access; bringing a weapon into an institution as part of a plan
for escape or injury; possession or manufacture of bombs or
weapons by an organization planning injury or destruction; or
possession of a firearm by an ex-felon where the
circumstances indicate the great likelihood of further criminal
use or actual criminal use.

(b) Specific Aggravating Factors. Aggravating circumstances
are those which relate solely to the commitment offense and
tend to increase the seriousness of the offense. Examples of
specific aggravating circumstances by offense include:
(1) Homicide.

(7) Drugs. Size and scope of operation, such as an
extensive volume of drugs or the manufacture of drugs with
professional chemical equipment.

(A) Multiple victims.
(B) Method of killing vicious in nature where suffering is
deliberately inflicted.

(8) Family Offenses.

(2) Violence against a Person.

(A) Act resulted in prolonged hospitalization, deformity,
or disfigurement.

(A) Extent of injury, such as injury which caused
permanent loss of body organ or limb; created long standing
serious medical or psychiatric problems; or required
extensive hospitalization.

(B) Act was repeated over a prolonged period of time.
(C) Victim was totally defenseless.
(D) Other family members forced to witness abuse.

(B) Manner of infliction, such as a vicious assault
continuing after victim incapacitated or prolonged torture.

(9) Escape Offenses. Extent of violence or threat used to
effect escape.

(C) Injury to peace officer intended to prevent
performance of his duty.

(10) Miscellaneous Offenses. Harm and scope of operation
such as perjury meant to seriously injure another's life or
liberty; the act seriously undermines the integrity of the
governmental process or faith therein or otherwise is an abuse
of a fiduciary position; a conspiracy as part of a large scale
criminal operation.

(3) Sexual Offenses.
(A) Physical harm, such as injuries which required
hospitalization or extensive medical treatment or injuries
which were inflicted beyond accomplishing sexual act.
(B) Psychological harm, such as a victim forced to
participate in front of family or friends; lack of concern for
unusual condition of victim such as age, pregnancy, or
physical disability; or the offense was committed in a manner
that might increase the likelihood of psychological harm.

(c) Specific Mitigating Circumstances. Mitigating factors are
those which relate solely to the commitment offense and
which tend to lessen the seriousness of the offense, including
circumstances in mitigation which do not amount to a full
legal defense.

(4) Property Crimes with Threat to Persons.

Examples of mitigating circumstances by offense include:

(A) Extent of force or threat, such as force or threat
exceeded what was necessary to accomplish act or force or
threats continued after property was acquired.

(1) Violence (including homicide).
(A) Provocation by victim such as verbal threats by
victim or physical harassment by victim.

(B) Systematic in nature, such as the planning indicates
the crime was a part of a larger criminal scheme or

53 

TITLE 15

Board of Parole Hearings 

(B) Elements of self-defense, for example the victim was
armed or had a great physical advantage.

of confinement shall be established by adding the base period
of confinement and the adjustments.

(C) Motivation such as whether the violence was not
foreseeable or was due to unique circumstances not likely to
recur.

(b) Base Crime. The base crime is the current commitment
crime, or if there are multiple commitment crimes, the one
designated by the hearing panel as the most serious.

(D) Battered Woman Syndrome. At the time of the
commission of the crime, the prisoner suffered from Battered
Woman Syndrome, as defined in section 2000(b), and it
appears the criminal behavior was the result of that
victimization.

(c) Base Period of Confinement. The base period of
confinement is that portion of the total period of confinement
which reflects the seriousness of the base crime.

(A) Economic need not likely to recur.

(d) Adjustments. Adjustments are any periods of time added
to or subtracted from the base period of confinement which
increase or decrease the total period of confinement for the
factors specified ins 2321-2324.

(B) Relatively small actual losses involved.

HISTORY

(C) Any restitution made.

1. Amendment of subsection (d) filed 10-27-77 as an
emergency. Certificate of Compliance included (Register 77,
No. 44).
§ 2320. Base Period of Confinement.

(2) Property Offenses.

(3) Escape.
(A) Escapee has been threatened or assaulted or is in fear
for his life.

The base period of confinement shall be established solely on
the gravity of the base crime as determined by the hearing
panel, taking into account all of the circumstances of that
crime (s 2317).

(B) Escapee's family has been assaulted or threatened and
escapee fears for their safety.
Note: Authority cited: Sections 3041, 3052 and 5076.2(a),
Penal Code. Reference: Sections 3041 and 4801, Penal Code.

(a) Base Crime. The hearing panel shall determine the base
crime, which shall be the most serious of the commitment
crimes.

HISTORY
1. Amendment of subsection (b)(4) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
2. New subsection (c)(1)(D) and new Note filed 3-16-2001 as
an emergency; operative 3-16-2001 (Register 2001, No. 11).
A Certificate of Compliance must be transmitted to OAL by
7-16-2001 or emergency language will be repealed by
operation of law on the following day.

(b) “Typical” or “Aggravated.” The hearing panel shall
consider the factors ofs 2317 in determining whether the base
crime was typical or aggravated. Characterization of a base
crime as typical or aggravated shall be based solely on the
seriousness of the base crime. The hearing panel shall list
specific, factual reasons for characterizing a crime as typical
or aggravated.

3. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2318. Fixing a Parole Date: Procedure. [Repealed]

(c) Set Base Period of Confinement. Once the crime has been
characterized as typical or aggravated, the hearing panel may
use the range suggested for that crime ins 2329 as a guideline
in setting the base period of confinement.

HISTORY

(d) Reasons. The specific, factual reasons for establishing the
base period of confinement shall be documented by the
hearing panel.
§ 2321. Adjustment: General. [Repealed]

1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2319. Definitions.

(a) Reasons. The specific, factual reasons for making any
adjustment in the total period of confinement for the factors
enumerated ins 2322-2324 shall be given in writing by the
hearing panel.

(a) Total Period of Confinement. The total period of
confinement is the full length of imprisonment established by
the board on all crimes for which a prisoner was committed
to prison without application of preprison credit. The total
period of confinement may be increased after a rescission
hearing or decreased after a progress hearing. The total period

HISTORY

54 

TITLE 15

Board of Parole Hearings 

1. Repealer of subsection (a) and relettering of subsection (b)
to subsection (a) filed 12-22-82 by OAL pursuant to
Government Code Section 11349.7(j) (Register 82, No. 52).
§ 2322. Adjustments for Preconviction Factors.

was not pled and proven as part of the present sentence to
prison is usually given least weight.
(4) Lack of Criminal History. A complete lack of or very
minor criminal history may reduce the total period of
confinement.

(a) Criminal History. The prisoner's criminal history may
increase the total period of confinement, but if the criminal
history is old (the prisoner was released from federal, state or
local custody after conviction of a felony and not returned to
federal, state or local custody for a period of five years from
the date of release) the criminal history shall not be used to
adjust the total period of confinement unless the conduct
which resulted in the criminal history forms a pattern with the
current commitment crimes. The period of confinement shall
not be increased for convictions, or prior prison terms
resulting from convictions, that have been reversed in court
or pardoned by the executive. When old criminal history is
used to extend the total period of confinement, the hearing
panel shall document the pattern of conduct.

(b) Other Preconviction Factors. Other preconviction factors
may also affect the total period of confinement. Examples of
other preconviction factors include the prisoner's personal
and social history, family and marital history, employment
history, intelligence and education, skills already acquired
and physical and emotional health.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2, 3041, and 3060, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (a) filed 10-25-79; effective
thirtieth day thereafter (Register 79, No. 43).
§ 2323. Adjustments for Commitment Factors.

Criminal history falls into four categories, each of which is
mutually exclusive. Types of criminal history which shall be
considered are:

(a) Multiple Crimes. The total period of confinement may be
increased for multiple crimes. Multiple crimes are crimes in
addition to the base crime which resulted in commitment to
prison and occurred prior to arrival in prison. If the prisoner
had been in prison prior to the current commitment, multiple
crimes are crimes which were committed after the most
recent release from prison. Any increase in the total period of
confinement shall be commensurate with the severity of the
crime.

(1) Prior Prison Terms. Felony convictions which were so
serious that they resulted in a prison sentence shall be given
the greatest weight. A prior prison term is one for which the
prisoner was committed to prison and paroled or discharged
or may be a prison term that has not been discharged if a
prisoner is convicted of new crimes during his commitment
for other crimes. A previous commitment to prison for
several crimes shall be treated as a single prison term. Prior
prison terms include any conviction in a state or federal court
which resulted in the individual's having actually served a
prison term in any state or federal prison for an offense which
would be a felony in California or previous commitments to
the Department of Corrections where the prisoner was
released on parole and returned as a parole violator with new
term.

(b) Sentencing Status. The total period of confinement may
be increased or decreased because of the prisoner's sentencing
status. A consecutive sentence to prison imposed by the court
under Penal Code # 669 or required by statute may be
interpreted as a recommendation for severity and the total
period of confinement may be increased. A sentence for a
youthful offender under Penal Code # 1202b may be
interpreted as a recommendation for leniency by the
committing court and the total period of confinement may be
decreased. In making any adjustment for a prisoner's
sentencing status, the hearing panel shall give consideration
to any statements made by the committing court under Penal
Code # 1203.01, 3022 or 3042.

Each prison term shall be evaluated for the seriousness of the
conduct which resulted in the prison term to determine
whether it warrants increasing the total period of
confinement.
(2) Prior Felony Convictions Pled and Proven. Prior felony
convictions which did not result in a prison term, but which
were pled and proven as part of the current sentence to prison
are usually given lesser weight than prior prison terms.

These adjustments to the parole date may occur in addition to
the effect the sentence has on the prisoner's minimum or
maximum term and minimum eligible parole date.

(3) Other Convictions. Other criminal conduct which
resulted in conviction, but did not result in a prison term and

55 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 1170.2, Penal Code.

(7) Support from the community as demonstrated by visits
and assistance from members of the community.

HISTORY

(8) Unusual service to the community.

1. Amendment of subsection (a) filed 4-4-78; effective
thirtieth day thereafter (Register 78, No. 14).
§ 2324. Adjustments for Postconviction Factors.

(9) Positive efforts to develop community resources.
(10) Cell study and other academic achievement.
(11) Voluntary work assignments.

(a) Prison Crimes. The hearing panel may increase the total
period of confinement for crimes which occurred in prison.

(12) Significant participation and demonstrated progress in
psychiatric or self-improvement programs.

(1) Court Convictions: New Prison Commitment. The
parole date for these offenses shall be established as provided
ins 2328.

(13) Substantial gains in alleviating the personal condition
which caused the crime.
(14) Changes in circumstances such as elimination of or
substantial change in the personal, economic or social factors
involved in the crime or change in the circumstances or
environment into which the prisoner is to be released.

(2) Court Conviction: No New Prison Commitment. The
total period of confinement may be increased for court
convictions which did not result in a new prison commitment
and which occurred since arrival in prison but before a parole
date is granted.

(c) Amount and Criteria. The criteria for earning credit and
the amount of credit to be granted are specified ins 2290(b)(d).

Court convictions which occur after a parole date is granted
may increase the total period of confinement only after
rescission proceedings. See Chapter 4.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 1170.2 and 3041, Penal Code. In re
Stanley, 54 Cal.App.3d 1030 (1976).

(3) Disciplinary Offenses. The total period of confinement
may be increased for serious disciplinary offenses which
occurred since arrival in prison but before a parole date is
granted. Only disciplinary offenses which might have
resulted in rescission proceedings after a parole date has been
granted shall affect the total period of confinement. These
offenses are specified ins 2451. Serious disciplinary offenses
which occur after a parole date is granted may increase the
total period of confinement only after rescission proceedings.
See Chapter 4.

HISTORY
1. Amendment of subsection (b) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).
2. New subsection (c) filed 6-11-79; effective thirtieth day
thereafter (Register 79, No. 24).
§ 2325. Weapons.
The use or possession of weapons may increase the total
period of confinement. If the circumstances of the crime
indicate the use or possession of weapons in the base offense,
this factor shall be considered in fixing the base period of
confinement, or in fixing the adjustment for the multiple
crime under s 2323(a) if the weapon was used in a crime
which results in a multiple crime adjustment.

(b) Other Postconviction Factors. The total period of
confinement may be decreased for other postconviction
factors. Factors that may reduce the period of confinement
include:
(1) Achievement of significant skills which substantially
reduce the likelihood that new crimes will be committed.

If the use or possession of weapons has resulted in a separate
consecutive sentence, the total period of confinement may
also be increased because of consecutive sentence under s
2323(b).
§ 2326. Criminal Charges Not Resulting in a Prison
Sentence.

(2) Significant improvement in self-control, such as may
be demonstrated over a period of time by good conduct, good
work habits, and good relationships with others.
(3) Outstanding work performance.
(4) Acceptance of new responsibilities indicating an
increased ability to lead a crime-free life.

(a) No Conviction. Criminal charges not resulting in
conviction (charges which resulted in acquittal or dismissal
for any reason) shall not affect the parole date unless the
factual circumstances surrounding the charge are reliably

(5) Assistance in maintaining prison order.
(6) Constructive use of leisure time.

56 

TITLE 15

Board of Parole Hearings 

documented and are an integral part of the crime for which
the prisoner is currently committed to prison.

confinement for the new crime begins upon the expiration of
the period of confinement for the earlier crime.

(b) Conviction. Criminal charges resulting in conviction but
not commitment to prison (such as convictions upon which
sentencing was suspended or stayed) may be considered as
part of the individual's criminal history (sees 2322(a)) or as
an integral part of the circumstances of an offense for which
the prisoner is currently committed to prison.
§ 2327. Fixing a Parole Date: Computation. [Repealed]

If the remaining portion of the earlier crime is less than the
time that would have been added if the earlier crime were a
prior prison term, the hearing panel shall make an adjustment
equal to the prior prison term adjustment.
§ 2329. Suggested Base Ranges.
In determining the base period of confinement, the hearing
panel shall assess the individual's culpability for the crime as
appropriate under the facts and circumstances of each
individual case. The following ranges are suggested for two
purposes:

HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2328. New Commitments.

(1) to give the prisoner and the public a general idea of
how much time might be served in average cases for a variety
of common offenses; and

Any time a prisoner is committed to prison for a crime
committed while in prison or while an escapee, a parole date
shall be calculated as follows:

(2) as general guidelines only which may be utilized by
hearing panels as aids in determining an individual's actual
base period of confinement. The suggested ranges are general
guides only. Less serious crimes of a particular type shall be
set below the suggested ranges as appropriate under the facts
and circumstances of each case down to the minimum term or
minimum eligible parole date. More serious crimes of a
particular type shall be set above the suggested ranges up to
the maximum, as appropriate under the facts and
circumstances of each case.

(a) New Crimes. A period of confinement shall be determined
as provided ins 2318-2326 for the new crime. No adjustment
shall be made for the earlier crime except as provided under
subsection (c) below.
(b) Earlier Crimes. The period of confinement which would
have been served for the earlier crimes shall be calculated as
provided ins 2318-2326 and documented. The time actually
served on the earlier crimes shall be deducted from this
period of confinement. The time which has not yet been
served shall be referred to as the “remaining portion.”

The total period of confinement may be higher or lower than
these ranges after adjustment for other relevant factors.

(c) New Period of Confinement. The remaining portion of the
earlier crime shall be added to the period of confinement set
for the new crime under subsection (a) to arrive at the total
period of confinement for the new crime. The period of

57 

TITLE 15

Board of Parole Hearings 

SUGGESTED RANGES
Parole (mos)
Base Period
Typical

(a) Homicide
(1) Murder 2nd (187, 20mos, 5-life)
(2) Att Murder (644/187, 6mo, 6mo-20)

Aggravated
(36-84)

(38-44)

(45-60)

(3) M/S (vol) (192.1, 6mo, 6mo-15)

(31-42)

(43-48)

(4) M/S (invol) (192.2, 6mo, 6mo-15)

(24-36)

(37-42)

(5) Att M/S (664/192.2, 6mo, 6mo-71/2)

(20-24)

(25-30)

(6) M/S (by auto) (192.3, 6mo, 6mo-5)

(18-22)

(23-30)

Parole (mos)
Base Period
Typical

Aggravated

(1) Administer Poison (216, 40mo, 10-life)

(40-46)

(47-72)

(2) Pose as Kidnapper (210, 20mo,5-life)

(30-38)

(39-44)

(3) ADW on Police Officer/Fireman by Ex-Felon (245 (b), 20 mo,5-life)

(30-38)

(39-44)

(4) Hostage (4503, 20mo, 5-life)

(30-38)

(39-44)

(5) Attempt of above (644/_,6mo,6mo-20)

(28-36)

(37-38)

(18-32)

(33-38)

(20-28)

(29-36)

(18-30)

(31-38)

(b) Violence Against a Person.
More Serious

(Prior to 9/17/65 6mo, 6mo-15)

Serious
(6) Kidnapping (207, 1yr, 1yr-25)
(7) Assault w/intent to Commit Rape, etc. (220, 1yr, 1yr-20)
(8) ADW or Assault w/Force Likely to Produce GBI (245(a), 6mo, 6mo-life)
(Prior to 11/23/70 6mo, 6mo-10)
(9) Assault w/intent to Commit Murder (217, 1yr, 1-14)
(10) ADW on Police Officer/Fireman 245(b), 6mo, 6mo-life)
(9/17/65-11/23/70, 6mo, 6-15)
(Prior to 9/17/65, 6mo, 6mo-10)
(11) Child Stealing (278, 6mo, 6mo-20)
(12) Assault by Prisoner Serving Less Than Life (4501, 1yr, 3-life)
(13) Attempt of above (664/__, 6mo, 6mo-1/2 max or 6mo-20 if max life)
Less Serious
(14) Mayhem (203, 6mo, 6mo-14)
(15) Assault to Commit Felony not in Sec. 220 (221, 6mo, 6mo-15)
(16) Battery on Police Officer/Fireman (243, 1yr, 1yr-10)
(17) Assault w/Caustic Chemical (244, 1yr, 1yr-14)

58 

TITLE 15

Board of Parole Hearings 

(18) Assault w/Deadly Weapon (245(a), 6mo, 6mo-14) Note: charged as Lesser
Included Offense of 217 (245(a).6mo. 6mo-14)
(19) Attempt of above (664/__, 6mo, 6mo-1/2 max)

(18-24)

(25-30)

(18-24)

(25-32)

(16-22)

(23-28)

Note:
References to Penal Code sections in 2329 are to Penal Code sections as they existed
prior to July 1, 1977 under the ISL.
Least Serious
(20) False Imprisonment (236, 1yr, 1yr-10)
(21) Assault Against Police Officer/Fireman (240, 6mo, 6mo-2)
(22) Battery w/Serious Injury (243, 6mo, 6mo-5)
(23) Discharge Firearm at Inhab Dwelling (246, 1yr, 1yr-5)
(24) Battery on Non-Prisoner by Prisoner (4501.5, 1yr, 1yr-3)
(25) Fail to Render Aid after Accident (20001 VC, 1yr, 1yr-5)
(26) Drunk Drive Causing Bodily Injury (23101 VC, 1yr, 1yr-5)
(27) Drive Under Infl. Drugs Causing Bodily Injury (23106 VC, 1yr,1yr-5)
(28) Attempt of above (664/__, 6mo, 6mo-1/2 max)

Parole (mos)
Base Period
Typical

Aggravated

(1) Rape w/Great Bodily Injury 264, 5yr, 15-life)

(60-73)

(74-82)

(2) Aid Rape w/Force (264.1, 20mo, 5-life)

(20-38)

(39-44)

(28-36)

(37-42)

(20-48)

(49-60)

(24-32)

(33-38)

(c) Sexual Offenses.
More Serious

(f.286.1, 20mo, 5-life)
(3) Aid Sodomy w/ Force (286(d), 20mo, 5-life)
(f.286.1, 20mo, 5-life)
(4) Aid Oral Copulation w/Force (288a(d), 20mo, 5-life)
(f. 288b, 20mo, 5-life)
(5) (5) Attempt of above (664/__, 6mo, 6mo-20)
Serious
(6) Rape w/Force or Threat (261(2)(3), 1yr, 3- life)
(7) Sodomy under 14 & over 10 yrs older or by Force (286(c), 1yr, 3-life)
(f.286,1yr, 1-life)
(8) L&L, Child Under 14 (288, 1yr, 1-life)
(9) Oral Copulation under 14 & over 10 yrs older, or by force, violence,etc.,
(288a(c), 1yr, 3-life)
(f.288a, 1yr, 3-15)
(10) Attempt of above (664/__, 6mo, 6mo-20)

59 

TITLE 15

Board of Parole Hearings 

Less Serious

(12-24)

(25-30)

(12-18)

(19-24)

(11) Sodomy in Jail or Prison 286(e), 6mo, 6mo-5)
(12) Oral Cop in Jail or Prison 288a(e), 6mo, 6mo-5)
(13) Seduce for Prostitution 266, 6mo, 6mo-5)
(14) Abduct for Prostitution (267, 6mo, 6mo-5)
(15) Place Wife in House of Prostitution (266g, 1yr, 3-10)
(16) Pimping (266h, 1yr, 1-10)
(17) Pandering (266i, 1yr, 1-10)
(18) Incest (285, 1yr, 1-50)
(19) Sodomy under 18 (286(b), 6mo, 6mo-5)
(f.286, 1yr, 1yr-life)
(20) Oral Cop under 18, (288a(b), 6mo, 6mo-5)
(f.288a, 6mo, 6mo-15)
(21) Indecent Exposure w/Like or 288 Prior (314(l), 1yr, 1yr-5)
(22) Unlawful Sex Intercourse (261.5, 6mo, 6mo-50)
(f.261.1, 6mo, 6mo-50)
(23) Annoy Child w/Like or 288 Prior (647a, 1yr, 1yr-5)
(24) Attempt of above (664/__, 6mo, 6mo-1/2 max or 20 if life max)

(d) Property Crimes with Threat to Person

Parole (mos)
Base Period
Typical

Aggravated

More Serious
(1) Robbery w/Great Bodily Injury (211, 5yr,15-life).
(2) Robbery 1st (211, 20mo, 5-life)
(3) Att. Robb 1st (664/211, 6mo,6mo-20)

(60-73)
(22-36)
(22-36)

(74-82)
(37-42)
(37-42)

(14-30)

(31-42)

(12-18)

(19-30)

(9-18)
(or MEPD)

(19-30)

Serious
(4)
(5)
(6)
(7)
(8)

Arson -Burn Public Bldg. etc. (448a, 8mo, 2-20)
Arson -Burn as Described by Statute (449b, 1yr, 1yr-10)
Arson -Burn Dwelling, House, Etc. (447a, 8mo, 2-20)
Robbery 2nd (211, 1yr, 1-life)
Att Robb 2nd (664/211, 6mo, 6mo-20)

Less Serious
(9) Arson -Burn Personal Property (449a, 1yr, 1-3)
(10) Arson -Burn Insured Property (450a, 1yr, 1yr-5)
(11) Attempt to Commit Arson (451a, 6mo, 6mo-5)

60 

TITLE 15

Board of Parole Hearings 

Parole (mos)
Base Period
Typical

Aggravated

More Serious
(1) Bring Explosives or Firearms into Prisons or Jail (or possession of)(4574, 1yr,
1-life)
(2) Possession of Weapon by Prisoner (4502, 1yr, 3-life)
Serious
(3) Possession of Firearm by Ex-Felon (Narcotic Addict)
(12021, 6mo, 6mo-15)
(4) Possession of Firearm by Ex-Felon Who used Firearm in Prior Felony
(12560, 6mo, 6mo-15)

(24-32)

(33-42)

(12-24)

(25-36)

Less Serious

(9-18)
(or MEPD)

(19-30)

(e) Weapons Offenses.

(5) Possession-Manufacture of Fire Bomb 452, 6mo, 6mo-5)
(6) Manufacture, Sale, Poss Blackjack, Sawed-Off Shotgun, etc.
(12020, 1yr, 1-3)
(Prior to 1/1/76, 1yr, 1-5)
(7) Alter Marks on Firearm(12090, 1yr, 1-5)
(8) Unlawful Poss of Firearm Silencer(12520, 6mo, 6mo-3)
Additional Penalties
(9) Commit Felony Armed w/Deadly Weapon
(12022, +20mo, 5-10 CS)
(10) Use of Firearm in Robbery, ADW, etc.
(12022.5, +20mo, 5-life CS)

(12-24)
(12-24)

(f) Opiates. [FNa1]
(1) Induce Minor(by adult)(11353, (f.11502)
5 yr, 10-life)
(A)
w/SPC (10 yr, 10-life)
(B)
w/2 SPC (15 yr, 15-life)
(2) Induce Minor (by minor) (11354 (f.11502.1)
20 mo, 5-life)
(A)
w SPC (40mo, 10-life)
(3) Sell, Transport, etc. (11352,(f.11501) 20mo, 5-life)
(prior to 1/1/76 3yr, 5-life)
(A)
w/SPC (40mo, 10-life)
(B)
w/2 SPC (5yr, 15-life)
(4) Possession for Sale (11351, (f.11500.5) 20mo, 5-15
(prior to 1/1/76 30mo, 5-15
(A)
w/SPC (40mo, 10-life)

61 

Parole (mos)
Base Period
Typical

Aggravated

(60-72)

(73-84)

(120-138)
(180-210)
(30-38)

(139-156)
(121-240)
(39-44)

(40-48)
(28-42)

(49-54)
(43-48)

(40-48)
(60-72)
(28-38)

(49-54)
(73-96)
(39-42)

(40-46)

(47-52)

TITLE 15

Board of Parole Hearings 

(B)
w/2 SPC (5yr, 15-life)
(5) Possession (11350,(f.11500) 8mo, 2-10
(prior to 1/1/76 2yr, 2-10)
(A)
w/SPC (20 mo, 5-20)
(prior to 1/1/76 5yr, 5-20)
(B)
w\2 SPC (5yr, 15-life)
(6) Sell in Lieu of (11355(f. 11503) 6mo, 6-10)

(g) Dangerous Drugs. [FNa1]
(1) Induce Viol. by Minor (11380, (f.11913)
5yr, 10-life)
(9/65-11/69, 6mo, 6mo-5)
(A)
w/SPC (10yr, 10-life)
(9/65-11/69, 8mo,2-10)
(B)
w/2 SPC (15yr, 15-life)
(2) Sell, Mfg.Transport (11379, (f.11912(, 3yr, 5-life)
(9/65-11/69, 6mo-5)
(A)
w/SPC (20mo, 5-life)
(9/65-11/69, 8mo, 2-10)
(B)
w/2 SPC (10yr, 10-life)
(3) Possession for Sale(11378 (f.11911) 2yr, 2-10)
(9/65-11/69, 6mo,6mo-3)
(A)
w/SPC (3yr, 5-15)
(9/65-11/69, 8mo, 2-10)
(B)
w 2 SPC (6yr, 10-life)
(4) Possession (11377, (f. 11910) 1yr, 1-10
(A)
w/ SPC (2yr, 2-20)
(7/17/65-11/3/68, 1yr, 1-5)
(5) Sell in Lieu of (11382, (f.11917) 6mo, 6mo-5)

(h) Marijuana. [FNa1]
(1) Sale to Minor (11361, (f.11532) 5yr, 10-life)
(A)
w/SPC (10yr, 10-life)
(B)
w/2 (SPC 15yr, 15-life)
(2) Sell,Transport,Furnish (11360,(f.11531) 3yr ,5-life)
(A)
w/SPC (5yr, 5-life)
(B)
w/2 SPC (40mp, 10-life)
(3) Possession for Sale (11359, (f. 11530.5) 2yr, 2-10)

62 

(60-72)
(18-30)

(73-96)
(31-36)

(20-36)
(60-68)
(60-72)
(12-18)

(37-44)
(69-76)
(73-96)
(19-24)

Parole (mos)
Base Period
Typical

Aggravated

(60-72)

(73-84)

(12-18)
(120-138)
(14-20)
(180-210)
(36-40)
(12-18)
(38-42)
(14-20)
(120-138)
(28-32)
(9-15)
(36-42)
(14-20)
(72-84)
(18-24)
(30-36)
(12-20)
(9-15)

(19-24)
(139-156)
(21-26)
(211-240)
(41-44)
(19-24)
(43-46)
(21-26)
(139-156)
(33-38)
(16-24)
(43-48)
(21-26)
(85-96)
(25-32)
(37-42)
(21-28)
(16-24)

Parole (mos)
Base Period
Typical

Aggravated

(60-72)
(120-138)
(180-210)
(36-40)
(60-72)
(72-84)
(28-32)

(73-84)
(139-156)
(211-240)
(41-44)
(73-84)
(85-96)
(33-38)

TITLE 15

Board of Parole Hearings 

(A)
w/ SPC (3yr, 5-15)
(B)
w/2 SPC (6yr,10-life)
(4) Plant, Process Peyote (11363, (f. 11540) 6mo, 6mo-10)
(A)
w/SPC 8mo, 2-10
(5) Plant, Process Mari. (11358, (f.11530.9)1yr, 1-10)
(A)
w/SPC (2yr, 2-20)
(B)
w/ 2 SPC (5yr, 5-life)
(6) Possession (11357(a) 1yr, 1yr-10)
(prior to 1968 incld. plant, cultivate, etc)
(eff. 1/1/76, 11357(a) poss. hash,1yr, 1yr-5)
(A)
w/SPC 2yr, (2-20)
(B)
w/2 SPC (20mo, 5yr-life)

(i) Misc. Controlled Substance Viol.

(36-42)
(72-84)
(12-18)
(14-20)
(18-22)
(30-36)
(60-72)
(18-22)

(43-48)
(85-96)
(19-24)
(21-26)
(23-30)
(37-42)
(73-84)
(23-32)

(12-18)
(24-30)
(28-34)

(19-24)
(31-38)
(35-42)

Parole (mos)
Base Period
Typical

Aggravated

(6-12)

(13-18)

(1) Forgery/Alter Prescription (11368, f.11715, 6mo, 6mo-6)
(Subsequent 6mo, 6mo-10)
(2) Unlawful Write-Fill Controlled
Substance Prescription (11152, f.11162, 6mo,6mo-6)
(3) Unlawful Fill C.S. Prescription (11153, f.11162.5, 6mo, 6mo-6)
(4) Prescribe C.S. Unlawfully (11154, f.11163, 6mo, 6mo-6)
(5) Physician Prescribe C.S. While Priv.
Suspended (11155, f.11163.5, 6mo,6mo-6)
(6) Prescribe-Administer C.S. to Addict (11156, f.11164, 6mo, 6mo-6)
(7) Obtain C.S. by fraud (11173, f.11170, 6mo, 6mo-6)
(8) Give False Name or Address (11174, 6mo, 6mo-6)
(9) Induce Minor to Viol Prescription Law
(11371, f.11715.7, 6mo, 6mo-6)
(10) Maintaining Place (11366, f.11557, mo, 6mo-10), w/SPC 8mo, 2-20)
(11) Forge Prescription (4390 BP Code, 1yr, 1yr-14)
(12) Bring Narc, Para, Alcohol into Jail or prison
(4573 PC, 6mo, 6mo-5)
(13) Bring Forbidden Drugs or Para. into Jail or Prison (4573.5 PC,6mo,6mo-5)
(14) Poss. Narc, Drugs, Alcohol in Jail or Prison
(4573.6 PC, 6mo, 6mo-5)
(15) Attempt of above (664/__, 6mo, 6mo-1/2 max)

63 

TITLE 15

Board of Parole Hearings 

(j) Crimes Against Property.

Parole (mos)
Base Period
Typical

Aggravated

More Serious
(1) Burglary w/Bodily Harm (459,5yr,15-life)
(2) Burglary w/Explosives (464,40mo,10-40)
(3) Burglary 1st (459, 20mos, 5-life)
(4) Attempt of above (664/_,6mo,6mo-1/2 max or 6mo-20 if max life)

(60-72)
(40-60)
(24-30)
(18-24)

(73-96)
(61-84)
(31-36)
(25-36)

(16-22)

(23-28)

(9-15)

(16-22)

(9-15)

(16-22)
(or MEPD)

Serious
(5)
(6)
(7)
(8)

Embezzlement by Public Official (424,1yr, 1yr-10)
Use of Credit Card to Defraud (484g,6mo,6mo-10)
Merchant Issuing Merchandise on Fraudulent Credit Card (484h,6mo,6mo-10)
Grand Theft (includes Auto and Person)
(487,6mo,6mo-10)
(9) Grand Theft Dog (487e, 6mo,6mo-10)
(10) Receiving Stolen Property (496, 6mo,6mo-10)
(11) Embezzlement (503,1yr,1yr-10)
(12) Extortion (518,1yr,1yr-10)
(13) Defraud Insurer (548,1yr,1yr-10)
(14) Falsify Records w/Intent to Defraud
(3020(b)(CC),6mo,6mo-10) [FNaa1]
(15) Sale of Securities without Permit (25110 (CC), 6mo,6mo-10)
(16) Sale of Securities by Fraud. Scheme
(25216(a)(CC),6mo,6mo-10)
(17) Sale of Securities by Misrepresentation
(25401 (CC),6mo,6mo-10)
(18) Violation Corporation Laws (26104 (CC) 6mo,6mo-10)
(19) Burglary 2nd (459,1yr,1yr-15)
(20) Forgery (including attempts) (470,1yr,1yr-14)
(21) Forgery, Documents, Seals (472, 1yr, 1yr-14)
(22) Fraud. Possession of Unfinished Check (475, 1yr, 1yr-14)
(23) Fictitious Check (including attempts) (476, 6mo, 6mo-14)
(24) False Evid. Register. w/intent to Defraud
(4463 VC, 6mo, 6mo-14)
(25) Non-Sufficient Funds Check (476a, 6mo,6mo-14)
(26) Counterfeit Dies and Plates (480, 1yr, 1yr-14)
(27) Forgery of Credit Card (484f, 1yr, 1yr-14)
(28) Manufacture Fraudulent Credit Card (484i, 1yr, 1yr-14)
(29) Forgery of Fictitious Name (29221 (EC), 1yr, 1yr-14)
(30) Attempt of above (664/__, 6mo, 6mo-1/2 max)

Less Serious
(31) Fraudulent Claims (72, 6mo, 6mo-5)

64 

TITLE 15

Board of Parole Hearings 

(32) Bookmaking (337a, 6mo, 6mo-2)
(33) Forg. Telephone Message (474, 6mo, 6mo-5)
(34) Fraudulent Possession of Completed Check
(475a, 1yr, 1yr-5) (prior to 1/1/74, 1yr, 1yr-14)
(1/1/74-1/1/75, 1yr, 1yr-10)
(35) Theft of Credit Cards (484, 6mo, 6mo-5)
(36) Injure Tele-Comm Line (591, 6mo, 6mo-5)
(37) Petit Theft w/Prior Theft (666(3), 6mo, 6mo-5)
(38) [FNaaa1] Petit Theft w/PFC (667, 6mo, 6mo-5)
(39) Theft of Vehicle (10851 (VC), 1yr, 1yr-5)
(40) Attempt of above (664/__, 6mo,6mo-1/2 max)

(k) Family Offenses.
Serious
(1) Willful Cruelty to Child (life or Health Endangered) (273a, 1yr, 1yr-10)
(2) Inflict Traumatic Injury on Wife (Child)
(273d, 6mo, 6mo-10)
(3) Attempt of above (664/__, 6mo, 6mo-1/2 max)
Less Serious
(4)
(5)
(6)
(7)
(8)

(9-12)

(13-15)

Parole (mos)
Base Period
Typical

Aggravated

(18-22)

(23-38)

(12-18)

(19-24)

(9-15)
(or MEPD)

(16-20)

Abortion (274, 8mo, 2-5)
Abortion, Submit (275, 1yr, 1yr-5)
Bigamy (281, 6mo, 6mo-10)
Child Desertion (271, 6mo, 6mo-1)
Failure to Provide (270, 6mo-1yr + 1 day)
Parole (mos)
Base Period
Typical

Aggravated

More Serious
(1) Escape from Prison Camp w/Force
(4530(a), 2yr (per 3044), 1-Life CS)
(2) Aiding to Escape (4535, 1yr, 1-life)
(3) Attempt of above (664/__,6mo,6mo-20)

(12-18)

(19-22)

(6-12)

(13-18)

Serious
(4) Escape from Reform. (Conv. Felon) (107, 6mo, 6mo-10)
(5) Escape from County Facility With Force
(Misd Conv)
(4532(a), 6mo, 6mo-10)
(6) Escape from County Facility w/Force (Fel. Conv)

(9-12)

(13-18)

(l) Escape Offenses.

65 

TITLE 15

Board of Parole Hearings 

(4532(b), 6mo, 6mo-10)
(7) Assist Escape (4534, 6mo, 6mo-10)
(8) Assist Escape by Employee (4533, 6mo, 6mo-10)
(9) Attempt of above (664/__, 6mo, 6mo-5)

(6-12)

(13-18)

(6-12)

(13-18)

(6-12)
(5-8)

(13-15)
(8-12+day)

Parole (mos)
Base Period
Typical

Aggravated

(108-120)
(144-156)

(121-144)
(157-210 )

(12-18)

(19-24)

(9-15)

(16-22)

Serious
(8) Injure Prison or Jail (606, 6mo, 6mo-5)
(9) Felony, Where Penalty not Prescribed (18, 6mo, 6mo-5)
(10) Accessory to a Felony (32, 6mo, 6mo-5)
(11) Bribery of a Witness (138, 6mo, 6mo-5)
(12) Solicitation (653(f), 6mo, 6mo-5)
(13) Attempt to Extort Money or Property (524, 6mo, 6mo-5)

(9-18)

(19-24)

Less Serious
(14) Compounding a Crime where imprisonment -Life or Death
(153, 6mo, 6mo-5)

(6-12)

(13-18)

Less Serious
(10) Escape from Deuel Voc. Inst. (2042, 6mo, 6mo-5)
(11) Escape (or Attempt) from Civil Addict Program 3002 (WI) -, 6mo-7)
(12) Escape from Prison Camp w/out Force
(4530(b), 6mo, 6mo-5)
(prior to 9/20/63 f.4531, 2yr, 1yr-life CS)
(13) Escape from County Facility w/out Force
(Fel Conv)
(4532(b), 6mo, 6mo-5)
(14) Escape While TCR, Work Furlough
(4530(c), 6mo, 6mo-5yr)
(15) Attempt of above (664/__, 6mo, 6mo-1/2 max)
(16) Escape from County Facility w/out Force
(Misd Conv)
(4532(a) 6 mo-1 day)

(m) Miscellaneous Offenses.
(1) Habitual Criminal [FNaaaa1]
(A)
644(a) 9yrs, life
(B)
644(b) 12yrs, life
More Serious
(2) Bribery by Public Official or Employee (68, 1yr, 1yr-14)
(3) Bribery of a Judicial Officer or Juror (92, 1yr, 1-10)
(4) Perjury (118, 1yr, 1-14)
(5) Conspiracy to Defraud (182.4, 6mo, 6mo-10)
(6) Practice w/out Certificate (2141.5 (BP Code) 6mo, 6mo-10)
(7) Attempt of above (644/__,6mo, 6mo-1/2 max)

66 

TITLE 15

Board of Parole Hearings 

where imprisonment – Less
(153, 6mo, 6mo-3)
(15) Criminal Conspiracy (All other conspiracies treated the same as the crime it
self)
(182, 6mo, 6mo-3)
(16) Ex-Felon on Prison or Jail Grounds (4571, 6mo, 6mo-5)
Parole (mos)
Base Period
Typical

(n) Prior Prison Terms.
(1) Less Serious
(2) More Serious

Aggravated

(0-12)
(12-24)
Parole (mos)
Base Period
Typical

(o) Current Prison Commitments.
(1) Less Serious

(0-12)

(2)

(12-24)

More Serious

Aggravated

Article 8. Preprison Credit

[FNa1]

§ 2340. General. [Repealed]

SPC = Specified prior conviction. Any specified prior
conviction which results in the use of a higher suggested
range should not be used to adjust for criminal history under s
2322
[FNaa1]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1203.03, 2900, 2900.1, 2900.5, 4019,
Penal Code; and People v. Sage, 26 Cal.3d 498 (1980),
modified 27 Cal.3d 144a.

(CC) Corporations Code

HISTORY

[FNaaa1]

1. Repealer of Article 8 (Sections 2340-2346) and new
Article 8 (Sections 2340-2345) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22). For prior
history, see Registers 79, No. 52; 78, No. 14; and 77, No. 44.

(Inmates convicted under this section will be treated as first
termers.
[FNaaaa1]

2. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2341. Types of Preprison Credit.

Any prior conviction which resulted in the adjudication as an
habitual criminal should not be considered as part of the
criminal history under s 2322.

(a) Custody Credit. As used in this article, “custody credit”
refers to credit granted pursuant to

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.

(1) Penal Code Section 2900.5;

HISTORY

(2) Penal Code Section 4019;

1. New subsections (n) and (o) filed 4-4-78; effective thirtieth
day thereafter (Register 78, No. 14).

(3) Penal Code Section 1203.03 for time actually served in
custody;

2. Amendment of subsection (l ) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).

(4) Penal Code Section 2900.1.
(b) Sage Credit. As used in this article, “Sage credit” refers to
credit granted pursuant to People v. Sage (1980), 26 Cal.3d

3. Editorial correction of subsections (i)-(j) (Register 95, No.
42).

67 

TITLE 15

Board of Parole Hearings 

498, as modified 27 Cal.3d 144a. Sage held that equal
protection requires good time credit for time served in county
jail prior to sentencing to state prison, for time spent in
county jail from and after July 1, 1977 only.

credit from the adjustments following the chronological order
of the crimes.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1203.03, 2900.1, 2900.5, 4019, Penal
Code. In re Sosa, 102 Cal.App.3d 1002 (1980).
§ 2343. Application of Preprison Credit to ISL Sentence.

(c) Outpatient Credit. As used in this article, “outpatient
credit” refers to credit granted pursuant to former Penal Code
Section 1203.03(g) for time served as an outpatient from the
California Rehabilitation Center.

Preprison custody and outpatient credit shall be deducted
from the minimum term, MEPD, and primary term fixed
under any previous regulation.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1203.03 (repealed eff. 1-1-77), 2900,
2900.1, 2900.5, 4019, Penal Code; and People v. Sage (1980)
26 Cal.3d 144a.
§ 2342. Application of Preprison Custody Credit to ISL,
Nonlife 1168 and Life Prisoner Parole Dates.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 2900.5 and former Section 1203.03(g)
(repealed eff. 1-1-77), Penal Code.
§ 2344. Application of Preprison Credit to DSL Release
Date Calculated Under Penal Code Section 1170.2.

(a) Single Offense. All preprison custody credit attributable
to the base offense shall be deducted from the base period of
confinement computed under Sections 2282, 2320 or 2403.

(a) Single DSL Sentence. All preprison custody and Sage
credit shall be deducted from the DSL release date including
enhancements for arming, use, or great bodily injury.

(b) Multiple Offenses. Preprison custody credit shall be
deducted from the base period of confinement and the
multiple crime adjustment. Preprison custody credit shall not
be deducted from any other adjustment.

(b) Concurrent DSL Sentences. All preprison custody and
Sage credit which is attributable to the offense which results
in the controlling DSL release date shall be deducted from the
DSL release date for that offense. In determining the
controlling DSL release date all preprison custody and Sage
credit attributable to each offense shall be deducted from the
term for that offense.

(1) No Overlapping Preprison Credit. Preprison custody
credit attributable only to the base offense shall be deducted
from the base period of confinement computed under
Sections 2282, 2320, or 2403. Preprison custody credit
attributable only to multiple crimes shall be deducted from
the multiple crime adjustment computed under Sections
2286(a), 2323(a), or 2407. Preprison custody credit in excess
of the base period of confinement or the multiple crime
adjustment shall be deducted from the parole period.

(c) Consecutive DSL Sentences.
(1) No Overlapping Preprison Credit. All preprison custody
and Sage credit attributable to the DSL principal term crime
shall be deducted from that term. All preprison custody and
Sage credit attributable to any consecutive crime shall be
deducted from the DSL subordinate term computed under
Section 2150(c).

(2) Preprison Credit Overlaps Base and Multiple Crimes.
Preprison custody credit attributable both to the base offense
and to multiple crimes shall be deducted from the base period
of confinement computed under Sections 2282, 2320, or
2403. Any preprison custody credit in excess of the base
period of confinement shall be deducted from the multiple
crime adjustment computed under Sections 2286(a), 2323(a),
2407 for each multiple crime to which the preprison credit is
attributable. Preprison custody credit in excess of the base
period of confinement or the multiple crime adjustment shall
be deducted from the parole period.

(2) Preprison Credit Overlaps DSL Principal Term and
DSL Subordinate Term. Preprison custody and Sage credit
attributable both to the principal term crime and to any
subordinate term crime shall be deducted from the principal
term. Any preprison custody and Sage credit in excess of the
principal term shall be deducted from each subordinate term
to which the preprison custody and Sage credit is attributable.
Preprison custody credit in excess of the principal term and
the subordinate term shall be credited deducted from the
parole period.

(3) Preprison Credit Overlaps Among Multiple Crimes
Only. Preprison custody credit attributable to multiple crimes
shall be deducted from the adjustments computed under
Sections 2286, 2323(a), 2407 beginning with the adjustment
for the earliest crime and deducting any remaining preprison

(3) Preprison Credit Overlaps Among Subordinate Terms
Only. Preprison custody and Sage credit attributable to
subordinate terms shall be deducted from the subordinate
terms to which it is attributable.

68 

Board of Parole Hearings 

TITLE 15

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1203.03, 2900.1, 2900.5, and 4019,
Penal Code. In re Ballard (1981) 115 Cal.App.3d 647; In re
Sosa (1980) 102 Cal.App.3d 1002; and People v. Sage (1980)
26 Cal.3d 498, as modified 27 Cal.3d 144a.

A life or nonlife 1168 prisoner or an ISL prisoner who is to
be released on his ISL parole date may be released at any
time up to 60 days before the parole date if all of the
following conditions are met:

HISTORY

(a) The actual parole date is not earlier than the prisoner's
minimum eligible parole date.

1. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
§ 2345. Excess Credit.

(b) There are no unresolved legal or administrative
prohibitions to release such as pending rescission
proceedings.

If any custody credit remains after deducting it from the
offense to which it applies, the remaining credit shall be
deducted from the parole period.

(c) Any conditions upon which the parole date has been
specifically conditioned have been fully met.
(d) Department staff has in writing authorized the earlier
release based on such factors as employment opportunities,
special programs, family emergency or hardship, or release to
a hold or for deportation.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Sosa (1980) 102 Cal.App.3d 1002; In re
Ballard (1981) 115 Cal.App.3d 647.

Article 9. Release

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3042 and 5076.1, Penal Code.

§ 2355. General.

HISTORY

Release on parole is the actual transfer of a prisoner confined
in prison to parole supervision in the community. Actual
release on parole for a life, nonlife 1168 or ISL prisoner shall
occur when all the provisions of these rules and any
applicable department regulations have been met. No prisoner
who has been scheduled for rescission proceedings shall be
released until the termination of the rescission proceedings.
§ 2356. Notification of Notice and Conditions of Parole.

1. Repealer of subsection (e) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

Article 10. Multijurisdiction Regulations
§ 2365. Hearing Rights: General.
At all hearings the multijurisdiction prisoner shall have the
rights enumerated in this article. Additional rights applicable
to specific hearings are covered in the sections dealing with
those hearings. The prisoner is responsible for bringing to the
attention of the hearing panel any issues pertaining to his
rights and any failure to comply with these rules. A
multijurisdiction prisoner may waive any of these rights and
any such waiver shall be documented in the record.

Prior to release on parole, the prisoner shall be given the
notice and conditions of parole by department staff. The
notice and conditions shall be provided in Spanish upon
request of the prisoner.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).
§ 2357. Release to Holds of Other Jurisdictions.
[Repealed]

HISTORY

HISTORY

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).
§ 2366. Multijurisdiction Prisoners Located in California:
Rights.

1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2358. Release Upon Approved Parole Plan (RUAPP).
[Repealed]

Multijurisdiction prisoners located in California shall have
the rights enumerated in Sections 2245-2255.
§ 2367. Multijurisdiction Prisoners Located Outside
California: Rights.

HISTORY

Multijurisdiction prisoners located outside California shall
have the following rights:

1. Repealer filed 12-22-82 by OAL pursuant to Government
Code Section 11349.7(j) (Register 82, No. 52).
§ 2359. Parole Date Advancement.

(a) Notice. A prisoner shall be notified of the week during
which the hearing shall be held, as soon as possible, but no
later than one month before the week during which the

69 

TITLE 15

Board of Parole Hearings 

hearing will be held, unless different provisions are made in
the section dealing with a specific hearing. As soon as
possible but no later than two weeks in advance of the
hearing, a prisoner or parolee shall be notified of the specific
date of the hearing. Department staff shall provide
notification of the hearing.

officials of the other jurisdiction unless the board at the
central office calendar has requested and received the written
consent of the prisoner, unless consent was previously given.
Consent to any single hearing shall be deemed consent to any
subsequent hearing considering the same conduct or any
decision based on that conduct.

(b) Attorney. A prisoner shall be entitled to the assistance of a
California attorney at telephone hearings (see subsection (d)
below) in all cases where the prisoner would be entitled to the
assistance of an attorney if the hearing were to be held in
California and the prisoner could personally appear before the
board.

(4) Hearing Dates for WICC and ICC Prisoners. Any
hearing or rehearing to which a WICC or ICC prisoner is
entitled under the rules in each chapter in this division may
be held no later than 120 days after the time specified in the
applicable rule.
(e) Interview. At any hearing the prisoner has the right to
speak on his own behalf and to ask and answer questions. A
prisoner refusing to participate in a hearing shall be advised
that a decision may be made without his participation. No
panel shall consider information not available to the prisoner
or his attorney unless the information is designated
confidential (see Section 2235).

(c) Disclosure. A prisoner is entitled to review
nonconfidential documents in the department central file. The
department is responsible for establishing the procedures for
such review. A prisoner is responsible for complying with the
department procedures for review of the documents. A
prisoner shall have the opportunity to enter a written response
to any material in the file.

(f) Presentation of Documents. A prisoner shall have the
rights specified in Section 2249. The department is
responsible for establishing procedures for the presentation of
documents by prisoners located outside California. The
prisoner is responsible for complying with the department
procedures and for submitting any documents within a
sufficient time prior to the hearing date so that they may be
considered by the panel.

A prisoner who is dissatisfied with the disclosure may appeal
pursuant to department procedures. (See Title 15, California
Administrative Code, Section 3003).
(d) Hearing.
(1) General. The prisoner has a right to either a telephone
hearing conducted by the board at the central office calendar
through the use of such telephone equipment as will permit
him to participate in the entire proceeding or a hearing
conducted in the other jurisdiction by officials of that
jurisdiction.

(g) Impartial Panel. The prisoner shall have the rights
specified in Section 2250.
(h) Assistance. The prisoner shall have the rights specified in
Section 2251. The department is responsible for establishing
procedures for providing a prisoner located outside California
with appropriate assistance during the hearing.

(2) Determination. The prisoner shall receive a telephone
hearing unless the hearing is being conducted to determine
whether the individual has violated a condition of parole or
engaged in conduct which may result in the rescission or
postponement of a parole date; the issue has not been settled
against the prisoner in a criminal prosecution; and:

(i) Department Representative. The prisoner shall have the
rights specified in Section 2252.
(j) Continuance. The prisoner shall have the rights specified
in Section 2253.(k) Record of Hearing. The prisoner shall
have the rights specified in Section 2254.

(A) The prisoner has made a timely request for the
presence of friendly witnesses in order to demonstrate
essential facts;

(l) Written Statement of Decision. The prisoner shall have the
rights specified in Section 2255.

(B) The factual issues involved are complex;
(C) The prisoner will have difficulty in developing or
presenting the issues, or

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1389.7, 3041.5, 11190 and 11193, Penal
Code.

(D) The prisoner is unable to effectively communicate
due to language difficulties or physical or mental defect.

HISTORY

(3) WICC and ICC Prisoner Hearing Consent. A WICC or
ICC prisoner's hearing shall not be held for the board by

70 

TITLE 15

Board of Parole Hearings 

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(a) Multijurisdiction Prisoners Located in California. At the
hearing specified in Section 2268 all multijurisdiction
prisoners located in California, shall have the rights specified
in Sections 2245-2255.

2. Amendment of subsection (b) filed 7-14-78 as an
emergency; effective upon filing (Register 78, No. 28).

(b) Multijurisdiction Prisoners Located Outside California. At
the hearing specified in Section 2268, all multijurisdiction
prisoners located outside California shall have the rights
specified in Section 2367. The hearing shall be a telephone
hearing.

3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).
§ 2368. Prehearing Procedures.
Upon notification that the board at the central office calendar
has ordered a hearing for a multijurisdiction prisoner or
parolee, the central office hearing coordinator shall assure
that the officials of the other jurisdiction have done the
following:

(c) Record. The record of the hearing shall be a verbatim
transcript.
(d) Decision. In making a decision concerning parole for
multijurisdiction prisoners the hearing panel shall make one
of the following decisions considering the factors
enumerated:

(a) Scheduled the hearing.
(b) Met time limits.

(1) To discharge the California sentence at the minimum
eligible parole date and waive parole when the crime for
which the prisoner has been committed to the other
jurisdiction is more serious than the California crime or when
the prisoner has stronger family, social or economic ties to
the other jurisdiction than he does to California.

(c) Advised the prisoner or parolee of his rights.
(d) Screened the prisoner's or parolee's requests for witnesses,
if applicable.
(e) Notified any necessary witnesses of the date, time and
place of the hearing, if applicable.
(f) Disclosed all documentary and physical evidence unless
designated confidential under Section 2235.

(2) To set the California term as provided in this Chapter if
the prisoner would serve substantially more time for the
California crimes than for the crimes committed in the other
jurisdiction, the prisoner has stronger social, family or
economic ties to California or the panel determines that
discharge would be inappropriate.

(g) Decided requests for continuances under Section 2253.
(h) Arranged necessary attorney representation, if applicable.
(i) Otherwise prepared the case for a hearing.
§ 2369. Documentation Hearing.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 1170.2, 3041, 3041.5 and 3041.7, Penal
Code.

At this hearing, the panel shall review the prisoner's activities
and conduct considering the criteria in §§ 2290 and 2410 and
document activities and conduct pertinent to granting and
withholding postconviction credit. This hearing shall be
conducted by a one person panel and the panel member shall
be a commissioner or deputy commissioner. The hearing
shall be scheduled pursuant to § 2269.1. For multijurisdiction
prisoners located outside California, the hearing may be
conducted over the telephone or by videoconferencing.

HISTORY
1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
2. New subsection (d) filed 4-4-78; effective thirtieth day
thereafter (Register 78, No. 14).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 1389.7, 3041, 3041.5, 11190 and 11193,
Penal Code.

3. Amendment of subsection (d)(2) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33)
§ 2371. Progress Hearing: Prisoner Rights.

HISTORY

(a) Multijurisdiction Prisoners Located in California. At the
hearing specified in Section 2269, all multijurisdiction
prisoners located in California shall have the rights specified
in Sections 2245-2255.

1. Amendment of section heading, repealer and new section
and new Note filed 6-17-2003; operative 7-17-2003 (Register
2003, No. 25).
§ 2370. Initial Parole Hearing: Prisoner Rights.

(b) Multijurisdiction Prisoners Located Outside California. At
the hearing specified in Section 2269, all multijurisdiction

71 

TITLE 15

Board of Parole Hearings 

prisoners located outside California shall have the rights
specified in Section 2367. The hearing shall be a telephone
hearing.

1. Repealer of former Section 2373 and renumbering of
Section 2374 to Section 2373 filed 6-11-79; effective thirtieth
day thereafter (Register 79, No. 24). For history of former
section, see Register 77, No. 44.

(c) Record. The record of the hearing shall be a verbatim
transcript.

Article 11. Parole Consideration Criteria and
Guidelines for Murders Committed on or After
November 8, 1978, and Specified Attempted
Murders

HISTORY
1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
§ 2372. Subsequent Parole Hearing: Prisoner Rights.

§ 2400. Scope of Article.
The criteria and guidelines in this article apply to prisoners
sentenced to prison for first and second degree murders
committed on or after November 8, 1978 and attempted
murders where the perpetrator is sentenced for life pursuant
to the provisions of Penal Code section 664. The guidelines
in this article are based on the public's expressed intent in
amending Penal Code sections 190 and 664 that a person
convicted of first or second degree murder or attempted
murder, as specified, should be incarcerated for an extended
period of time.

(a) Multijurisdiction Prisoners Located in California.
At the hearing specified in Section 2270 all multijurisdiction
prisoners located in California, shall have the rights specified
in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California.
At the hearing specified in Section 2270, all multijurisdiction
prisoners located outside California shall have the rights
specified in Section 2367. The hearing shall be a telephone
hearing.

The prisoner's minimum eligible parole date is established by
statute. The amount of good conduct credit that a prisoner
sentenced for first or second degree murder may earn to
reduce the minimum eligible parole date is established by
statute. (Penal Code sections 2930 et seq.) Life prisoners
convicted of attempted murder do not earn these credits. The
department will determine the minimum eligible parole date.
The length of time a prisoner must serve prior to actual
release on parole is determined by the board. The amount of
postconviction credit a prisoner may earn to reduce the length
of time prior to release on parole is determined by the board.
This article implements Penal Code section 3041 and
concerns only the board's exercise of discretion in
determining whether a prisoner is suitable for parole and, if
so, when the prisoner should be released on parole.

(c) Record.
The record of the hearing shall be a verbatim transcript.
HISTORY
1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
§ 2373. Nonlife 1168 and ISL Prisoners: Parole
Consideration Hearing Rights.
(a) Multijurisdiction Prisoners Located in California. At all
hearings at which a prisoner is being considered for parole,
all multijurisdiction prisoners located in California shall have
the rights specified in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California. At
all hearings at which a prisoner is being considered for parole
all multijurisdiction prisoners located outside California shall
have the rights specified in Section 2367. The hearing shall
be a telephone hearing.

The standards for the department's action in reducing the
minimum eligible parole date and the standards for the
board's decision whether to reduce the period of confinement
are different. The department's decisions pursuant to Penal
Code sections 2930 et seq. do not affect the Board's decision
concerning postconviction credit pursuant to these rules.

(c) Record. The record of any parole consideration hearing
shall be a tape recording. Until July 1, 1978, for all
multijurisdiction ISL prisoners, the record shall be a written
summary of the hearing prepared at the hearing by
department staff. After July 1, 1978, the record shall be a tape
recording.

A prisoner committed for first or second degree murder or
attempted murder shall have his or her initial parole
consideration hearing as provided in § 2268. The prisoner
will have documentation hearings as provided in § 2269.1,
but no specific amount of postconviction credit will be
granted until the board has established a period of
confinement.

HISTORY

72 

TITLE 15

Board of Parole Hearings 

Although many of the sections in this article are the same as
the sections in Article 5, they are repeated in this article to
avoid confusion between the rules applicable to prisoners
who committed murders on or before November 7, 1978 and
these rules which apply to prisoners who committed murders
on or after November 8, 1978, and those who committed
specified attempted murders. The suitability criteria are the
same for both groups. The guidelines for establishing the
periods of confinement are different because of the change in
the minimum term for first degree murder and the change
from a determinate to an indeterminate term for second
degree murder and attempted murder. The provisions for
adjusting the terms for other offenses are also different
because of the change in Penal Code section 669 which
permits courts to impose sentences consecutive to life terms
(Stats. 1978, Ch. 579, eff. 1/1/79).

transmitted to OAL by 1-11-2005 or emergency language
will be repealed by operation of law on the following day.
8. Amendment of article heading, section and Note refiled 16-2005 as an emergency; operative 1-11-2005 (Register 2005,
No. 1). A Certificate of Compliance must be transmitted to
OAL by 5-11-2005 or emergency language will be repealed
by operation of law on the following day.
9. Certificate of Compliance as to 1-6-2005 order transmitted
to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No.
25).
§ 2401. General.
A life prisoner shall be considered for parole for the first time
at the initial parole consideration hearing scheduled as
provided in Section 2268. A parole date shall be denied if the
prisoner is found unsuitable for parole under Section 2402(c).
A parole date shall be set if the prisoner is found suitable for
parole under Section 2402(d). A parole date set under this
article shall be set in a manner that provides uniform terms
for offenses of similar gravity and magnitude with respect to
the threat to the public.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 182, 190, 664, 2930 et seq., 3040, 3041,
3046 and 5076.1, Penal Code.
HISTORY
1. New Article 11 (Sections 2400-2411) filed 9-8-81;
effective thirtieth day thereafter (Register 81, No. 37).

In setting the parole date the panel shall consider the
Sentencing Rules for the Superior Courts. The panel shall
also consider the criteria and guidelines set forth in this
article for determining the suitability for parole and the
setting of parole dates, considering the number of victims of
the crime for which the prisoner was sentenced and any other
circumstances in mitigation or aggravation.

2. Amendment filed 6-14-84; effective thirtieth day thereafter
(Register 84, No. 24).
3. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
4. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).

The terms in this article are guidelines only. The suggested
terms serve as the starting point for the board's consideration
of each case on an individual basis. The board may establish
a term above or below the guidelines when warranted and
reasons are stated on the record. A prisoner shall not be
released before the minimum eligible parole date.

5. Change without regulatory effect amending article heading
and deleting the words “first degree” where they
characterized the criminal offense of attempted murder in
order to conform the regulation with the decision of the
Supreme Court inPeople v. Bright (1996) 12 Cal.4th 652, 49
Cal.Rptr.2d 732, in which the court determined that the crime
of attempted murder is not divided into degrees, filed 2-162001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 7).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3040 and 3041, Penal Code.
HISTORY
1. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

6. Amendment of article heading, section and Note filed 513-2004 as an emergency; operative 5-17-2004 (Register
2004, No. 20). A Certificate of Compliance must be
transmitted to OAL by 9-14-2004 or emergency language
will be repealed by operation of law on the following day.

2. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
§ 2402. Determination of Suitability.
(a) General. The panel shall first determine whether the life
prisoner is suitable for release on parole. Regardless of the
length of time served, a life prisoner shall be found unsuitable
for and denied parole if in the judgment of the panel the

7. Amendment of article heading, section and Note refiled 913-2004 as an emergency; operative 9-13-2004 (Register
2004, No. 38). A Certificate of Compliance must be

73 

TITLE 15

Board of Parole Hearings 

prisoner will pose an unreasonable risk of danger to society if
released from prison.

(4) Sadistic Sexual Offenses. The prisoner has previously
sexually assaulted another in a manner calculated to inflict
unusual pain or fear upon the victim.

(b) Information Considered. All relevant, reliable information
available to the panel shall be considered in determining
suitability for parole. Such information shall include the
circumstances of the prisoner's social history; past and
present mental state; past criminal history, including
involvement in other criminal misconduct which is reliably
documented; the base and other commitment offenses,
including behavior before, during and after the crime; past
and present attitude toward the crime; any conditions of
treatment or control, including the use of special conditions
under which the prisoner may safely be released to the
community; and any other information which bears on the
prisoner's suitability for release. Circumstances which taken
alone may not firmly establish unsuitability for parole may
contribute to a pattern which results in a finding of
unsuitability.

(5) Psychological Factors. The prisoner has a lengthy
history of severe mental problems related to the offense.
(6) Institutional Behavior. The prisoner has engaged in
serious misconduct in prison or jail.
(d) Circumstances Tending to Show Suitability. The
following circumstances each tend to show that the prisoner
is suitable for release. The circumstances are set forth as
general guidelines; the importance attached to any
circumstance or combination of circumstances in a particular
case is left to the judgment of the panel. Circumstances
tending to indicate suitability include:
(1) No Juvenile Record. The prisoner does not have a
record of assaulting others as a juvenile or committing crimes
with a potential of personal harm to victims.

(c) Circumstances Tending to Show Unsuitability. The
following circumstances each tend to indicate unsuitability
for release. These circumstances are set forth as general
guidelines; the importance attached to any circumstance or
combination of circumstances in a particular case is left to the
judgment of the panel. Circumstances tending to indicate
unsuitability include:

(2) Stable Social History. The prisoner has experienced
reasonably stable relationships with others.

(1) Commitment Offense. The prisoner committed the
offense in an especially heinous, atrocious or cruel manner.
The factors to be considered include:

(4) Motivation for Crime. The prisoner committed his
crime as the result of significant stress in his life, especially if
the stress has built over a long period of time.

(A) Multiple victims were attacked, injured or killed in
the same or separate incidents.

(5) Battered Woman Syndrome. At the time of the
commission of the crime, the prisoner suffered from Battered
Woman Syndrome, as defined in section 2000(b), and it
appears the criminal behavior was the result of that
victimization.

(3) Signs of Remorse. The prisoner performed acts which
tend to indicate the presence of remorse, such as attempting
to repair the damage, seeking help for or relieving suffering
of the victim, or indicating that he understands the nature and
magnitude of the offense.

(B) The offense was carried out in a dispassionate and
calculated manner, such as an execution-style murder.
(C) The victim was abused, defiled or mutilated during
or after the offense.

(6) Lack of Criminal History. The prisoner lacks any
significant history of violent crime.

(D) The offense was carried out in a manner which
demonstrates an exceptionally callous disregard for human
suffering.

(7) Age. The prisoner's present age reduces the probability
of recidivism.
(8) Understanding and Plans for Future. The prisoner has
made realistic plans for release or has developed marketable
skills that can be put to use upon release.

(E) The motive for the crime is inexplicable or very
trivial in relation to the offense.
(2) Previous Record of Violence. The prisoner on previous
occasions inflicted or attempted to inflict serious injury on a
victim, particularly if the prisoner demonstrated serious
assaultive behavior at an early age.

(9) Institutional Behavior. Institutional activities indicate
an enhanced ability to function within the law upon release.
Note: Authority cited: Sections 3041 and 5076.2, Penal Code.
Reference: Sections 3041 and 4801, Penal Code.

(3) Unstable Social History. The prisoner has a history of
unstable or tumultuous relationships with others.

HISTORY

74 

TITLE 15

Board of Parole Hearings 

1. New subsection (d)(5), subsection renumbering, and
amendment of Note filed 3-16-2001 as an emergency;
operative 3-16-2001 (Register 2001, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-16-2001 or
emergency language will be repealed by operation of law on
the following day.
2. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2403. Base Term.
(a) General. The panel shall set a base term for each life
prisoner who is found suitable for parole. The base term shall
be established solely on the gravity of the base crime, taking
into account all of the circumstances of that crime. If the
prisoner has been received in prison for more than one
murder committed on or after November 8, 1978, the base
crime is the most serious of the murders considering the facts
and circumstances of the crime. If the prisoner has been
sentenced to prison for murders committed before November
8, 1978 and for murders committed on or after November 8,
1978, the base offense shall be the most serious of the
murders committed on or after November 8, 1978.
The base term shall be established by utilizing the appropriate
matrix of base terms provided in this section. The panel shall
determine the category most closely related to the
circumstances of the crime. The panel shall impose the
middle base term reflected in the matrix unless the panel
finds circumstances in aggravation or mitigation.
If the panel finds circumstances in aggravation or in
mitigation as provided in §§ 2404 or 2405, the panel may
impose the upper or lower base term provided in the matrix
by stating the specific reason for imposing such a term. A
base term other than the upper, middle or lower base term
provided in the matrix may be imposed by the panel if
justified by the particular facts of the individual case and if
the facts supporting the term imposed are stated.

75 

Board of Parole Hearings 

TITLE 15

(b) Matrix of Base Terms for First Degree Murder committed
A.

Indirect

First Degree Murder
Penal Code § 189 (in years and
does not include post
conviction credit as provided
in § 2410)

B.

on or after November 8, 1978.

Direct or Victim
Contribution

C. Severe Trauma

D. Torture

Victim died of causes
related to the act of
the prisoner but was
not directly assaulted
by prisoner with
deadly force; e.g.,
shock producing
heart attack, a crime
partner actually did
the killing. 

Death was almost immediate or
resulted at least partially from
contributing factors from the
victim; e.g., victim initiated
struggle or had goaded the
prisoner. This does not include
victim acting in defense of self
or property. 

Death resulted from severe
trauma inflicted with deadly
intensity; e.g., beating, clubbing,
stabbing, strangulation,
suffocation, burning, multiple
wounds inflicted with a weapon
not resulting in immediate
death or actions calculated to
induce terror in the victim. 

Victim was subjected
to the prolonged
infliction of physical
pain through the use
of nondeadly force
prior to act resulting
in death. 

25-26-27

26-27-28

27-28-29

28-29-30

26-27-28

27-28-29

28-29-30

29-30-31

27-28-29

28-29-30

29-30-31

30-31-32

28-29-30

29-30-31

30-31-32

31-32-33

I. Participating Victim
Victim was accomplice or
otherwise implicated in a
criminal act with the prisoner
during which or as a result of
which the death occurred, e.g.,
crime partner, drug dealer,
etc. 
II. Prior Relationship
Victim was involved in a
personal relationship with
prisoner (spouse, family
member, friend, etc.) which
contributed to the motivation
for the act resulting in death.
If victim had a personal
relationship but prisoner hired
and/or paid a person to
commit the offense, see
Category IV.
III. No Prior Relationship
Victim had little or no
personal relationship with
prisoner or motivation for act
resulting in death was related
to the accomplishment of
another crime, e.g., death of
victim during robbery, rape,
or other felony.
V. Threat to Public Order or
Murder for Hire
The act resulting in the
victim’s death constituted a
threat to the public order
including the murder of a
police officer, correctional
officer, public official, fellow
patient or prisoner, any killing
within an institution, or any
killing where the prisoner
hired and/or paid another
person to commit the offense.

76 

Board of Parole Hearings 

TITLE 15

(c) Matrix of Base Terms for Second Degree Murder
committed on or after November 8, 1978.
Second Degree Murder

A.

Indirect

B. Direct or Victim Contribution

C.

Severe Trauma

Penal Code § 189 (in years and
does not include post conviction
credit as provided in § 2410).

Victim died of causes
related to the act of the
prisoner but was not
directly assaulted by
prisoner with deadly force;
e.g., shock producing heart
attack, a crime partner
actually did the killing.

Death was almost immediate or
resulted at least partially from
contributing factors from the victim;
e.g., victim initiated struggle or had
goaded the prisoner. This does not
include victims acting in defense of
self or property.

Death resulted from severe trauma
inflicted with deadly intensity; e.g.,
beating, clubbing, stabbing,
strangulation, suffocation, burning,
multiple wounds inflicted with weapon
not resulting in immediate death or
actions calculated to induce terror in the
victim.

I. Participating Victim

15-16-17

16-17-18

17-18-19

16-17-18

17-18-19

18-19-20

17-18-19

18-19-20

19-20-21

Victim was accomplice or
otherwise implicated in a
criminal act with the prisoner
during which or as a result of
which the death occurred, e.g.,
crime partner, drug dealer, etc.
II. Prior Relationship
Victim was involved in a
personal relationship with
prisoner (spouse, family
member, friend, etc.) which
contributed to the motivation
for the act resulting in death.
This category shall not be
utilized if victim had a personal
relationship but prisoner hired
and/or paid a person to commit
the offense.
III. No Prior Relationship
Victim had little or no personal
relationship with prisoner or
motivation for act resulting in
death was related to the
accomplishment of another
crime, e.g., death of victim
during robbery, rape, or other
felony.

77 

Board of Parole Hearings 

TITLE 15

(d) Matrix of Base Terms for Attempted Willful, Deliberate
and Pre-meditated Murder committed on or after January 1,

Attempted Murder
Penal Code § 664(a) (in years and
does not include post conviction
credit as provided in § 2410)

I. Participating Victim

A. Minor Injury

1987.

B. Victim Assaulted

C. Major Injury

D. Torture

Victim unharmed or
received minor injury.

Victim assaulted or
otherwise seriously injured.

Victim’s major injuries
required extensive
treatment or the victim
was seriously disabled.

Victim was subjected
to prolonged infliction
of physical pain.

7-8-9

8-9-10

9-10-11

10-11-12

8-9-10

9-10-11

10-11-12

11-12-13

9-10-11

10-11-12

11-12-13

12-13-14

10-11-12

11-12-13

12-13-14

13-14-15

Victim was accomplice or
otherwise implicated in a criminal
act with the prisoner, e.g., crime
partner, drug dealer, etc.
II. Prior Relationship
Victim was involved in a personal
relationship with prisoner, e.g.,
spouse, family member, friend, etc.
which contributed to the
motivation for the attempted
murder. If victim had a personal
relationship but prisoner hired
and/or paid a person to commit the
offense, use category IV.
III. No Prior Relationship
Victim had little or no personal
relationship with prisoner or the
motivation for the attempted
murder was related to the
accomplishment of another crime,
e.g., robbery, rape, or other felony.
IV. Threats to Public Order or
Murder for Hire
The attempted murder constituted
a threat to the public order, e.g.,
police officer, correctional officer,
public official, fellow patient or
prisoner or any attempted murder
within an institution, any
attempted murder where the
prisoner hired and/or paid another
person to commit the offense.
 

78 

TITLE 15

Board of Parole Hearings 

(e) Matrix of Base Terms for Attempted Murder of a Peace

Attempted Murder
Penal Code § 664(e) (in years and does not
include post conviction credit as provided in
§ 2410).

A. Minor Injury

Officer or Firefighter committed on or after Januray 1, 1995.

B. Victim Assaulted

C. Major Injury

D. Torture

Victim unharmed or
received minor injury.

Victim assaulted or
otherwise seriously
injured.

Victim’s major
injuries required
extensive treatment or
the victim was
seriously disabled.

Victim was subjected
to prolonged
infliction of physical
pain. 

I. Peace officer or firefighter was placed at
risk of serious injury or death due to the
act(s) of the prisoner.

7-8-9

8-9-10

9-10-11

10-11-12

II. The act was committed while the
prisoner was fleeing or was attempting
to flee from law enforcement officers
or the manner in which the act was
committed created a risk of injury to
others e.g., high speed chase, shooting
from a moving vehicle, fire set in the
inhabited building.

8-9-10

9-10-11

10-11-12

11-12-13

III. The act was committed in an attempt
to preclude discovery of a crime
committed by the prisoner and/or
his/her crime partners.

9-10-11

10-11-12

11-12-13

12-13-14

IV. The prisoner committed an act causing a
peace officer or firefighter to respond
and then ambushed the peace officer or
firefighter.

10-11-12

11-12-13

12-13-14

13-14-15

 

79 

Board of Parole Hearings 

TITLE 15

(f) Matrix of Base Terms for Attempted Willful, Deliberate
and Premeditated Murder of a Peace Officer or Firefighter

Attempted Murder

A. Minor Injury

committed on or after January 1, 1998.

B. Victim Assaulted

C. Major Injury

D. Torture

Penal Code § 664(f) (in years and does
not include post conviction credit as
provided in § 2410).

Victim unharmed or
received minor injury.

Victim assaulted or
otherwise seriously
injured.

Victim’s major injuries
required extensive
treatment or the victim
was seriously disabled.

Victim was subjuected
to prolonged infliction
of physical pain.

I. Peace officer or firefighter was
placed at risk of serious injury or
death due to the act(s) of the
prisoner.

15-16-17

16-17-18

17-18-19

18-19-20

II. The act was committed while the
prisoner was fleeing or was
attempting to flee from law
enforcement officers or the manner
in which the act was committed
created a risk of injury to others,
e.g., high speed chase, shooting
from a moving vehicle, fire set in
the inhabited building.

16-17-18

17-18-19

18-19-20

19-20-21

III. The act was committed in an
attempt to preclude discovery of a
crime committed by the prisoner
and/or his/her crime partners.

17-18-19

18-19-20

19-20-21

20-21-22

18-19-20

19-20-21

20-21-22

21-22-23

IV. The prisoner committed an act
causing a peace officer or
firefighter to respond and then
ambushed the peace officer or
firefighter.

3. Change without regulatory effect amending subsection (a)
to clarify the applicability of the matrices in subsections (b)
and (c) when setting the base term for prisoners sentenced to
prison for attempted murder, filed 2-16-2001 pursuant to
section 100, title 1, California Code of Regulations (Register
2001, No. 7).

(g) Base Terms of Other Life Crimes.
In considering life crimes for which no matrix is provided,
the panel shall impose a base term by comparison to offenses
of similar gravity and magnitude in respect to the threat to the
public, and shall consider any relevant Judicial Council rules
and sentencing information as well as any circumstances in
aggravation or mitigation of the crime.

4. Amendment of section and Note filed 5-13-2004 as an
emergency; operative 5-17-2004 (Register 2004, No. 20). A
Certificate of Compliance must be transmitted to OAL by 914-2004 or emergency language will be repealed by operation
of law on the following day.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 182, 3040 and 3041, Penal Code; In re
Sims, Sacramento Superior Court Case No. 01F07562 (2002).

5. Amendment of section and Note refiled 9-13-2004 as an
emergency; operative 9-13-2004 (Register 2004, No. 38). A
Certificate of Compliance must be transmitted to OAL by 111-2005 or emergency language will be repealed by operation
of law on the following day.

HISTORY
1. Editorial correction filed 10-8-81; effective thirtieth day
thereafter (Register 81, No. 41).
2. Amendment of subsection (a) filed 1-20-88; operative 219-88 (Register 88, No. 5).

6. Amendment of section and Note refiled 1-6-2005 as an
emergency; operative 1-11-2005 (Register 2005, No. 1). A

80 

TITLE 15

Board of Parole Hearings 

Certificate of Compliance must be transmitted to OAL by 511-2005 or emergency language will be repealed by operation
of law on the following day.

(16) The prisoner occupied a position of leadership or
dominance over other participants in the commission of the
crime, or the prisoner induced others to participate in the
commission of the crime;

7. Certificate of Compliance as to 1-6-2005 order, including
further amendment of subsections (d)-(f) and Note,
transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register
2005, No. 25).
§ 2404. Circumstances in Aggravation of the Base Term.

(17) The prisoner has a history of criminal behavior for
which the term is not being enhanced under Section 2407;
(18) The prisoner has engaged in other reliably
documented criminal conduct which was an integral part of
the crime for which the prisoner is currently committed to
prison;

(a) General. The panel may impose the upper base term or
another term longer than the middle base term upon a finding
of aggravating circumstances. Circumstances in aggravation
of the base term include:

(19) The prisoner was on probation or parole or was in
custody or had escaped from custody at the time the crime
was committed;

(1) The crime involved some factors described in the
appropriate matrix in a category higher on either axis than the
categories chosen as most closely related to the crime;

(20) Any other circumstances in aggravation including
those listed in the Sentencing Rules for the Superior Courts.

(2) The victim was particularly vulnerable;

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3040 and 3041 Penal Code.
§ 2405. Circumstances in Mitigation of the Base Term.

(3) The prisoner had a special relationship of confidence
and trust with the victim, such as that of employee-employer;
(4) The murder was committed to preclude testimony of
potential or actual witnesses during a trial or criminal
investigation;

(a) General. The panel shall impose the lower base term or
another term shorter than the middle base term upon a finding
of mitigating circumstances. Circumstances in mitigation of
the base term include:

(5) The victim was intentionally killed because of his race,
color, religion, nationality or country or origin;
(6) During the commission of the crime the prisoner had a
clear opportunity to cease but instead continued;

(1) The crime involved some factors described in the
appropriate matrix in a category lower on either axis than the
categories chosen as most closely related to the crime;

(7) The manner in which the crime was committed created
a potential for serious injury to persons other than the victim
of the crime;

(2) The prisoner participated in the crime under partially
excusable circumstances which do not amount to a legal
defense;

(8) The murder was wanton and apparently senseless in that
it was committed after another crime occurred and served no
purpose in completing that crime;

(3) The prisoner had no apparent predisposition to commit
the crime but was induced by others to participate in its
commission;
(4) The prisoner tried to help the victim or sought aid after
the commission of the crime or tried to dissuade a crime
partner from committing other offenses;

(9) The corpse was abused, mutilated or defiled;
(10) The prisoner went to great lengths to hide the body or
to avoid detection;

(5) The prisoner was a passive participant or played a
minor role in the commission of the crime;

(11) The murder was committed to prevent discovery of
another crime;

(6) The crime was committed during or due to an unusual
situation unlikely to reoccur;

(12) The murder was committed by a destructive device or
explosives;

(7) The crime was committed during a brief period of
extreme mental or emotional trauma;

(13) There were multiple victims for which the term is not
being enhanced under Section 2407;

(8) The prisoner has a minimal or no history of criminal
behavior;

(14) The prisoner intentionally killed the victim by the
administration of poison;

(9) Battered Woman Syndrome. At the time of the
commission of the crime, the prisoner suffered from Battered

(15) The prisoner intentionally killed the victim by lying in
wait;

81 

TITLE 15

Board of Parole Hearings 

Woman Syndrome, as defined in section 2000(b), and it
appears the criminal behavior was the result of that
victimization.

prison term although that fact was not found to be true at the
time of the prisoner's conviction, the board may add an
adjustment based on that finding. The adjustment should be
less than the adjustment suggested in subdivision (c) of this
section.

(10) Any specific factors in mitigation, including those
listed in the Sentencing Rules for Superior Courts.

In adding adjustments for prior prison terms under this
subsection, the panel should consider the length of time
between the prisoner's release from custody and commission
of a new offense.

Note: Authority cited: Sections 3041 and 5076.2, Penal Code.
Reference: Sections 3040, 3041 and 4801, Penal Code.
HISTORY
1. New subsection (a)(9), subsection renumbering, and
amendment of Note filed 3-16-2001 as an emergency;
operative 3-16-2001 (Register 2001, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-16-2001 or
emergency language will be repealed by operation of law on
the following day.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 669, 3040, 3041, 12022, 12022.5,
12022.6 and 12022.7, Penal Code.
§ 2407. Adjustments for Other Offenses.
(a) General. Effective January 1, 1979 Penal Code Section
669 was amended to permit the court to impose sentences for
other crimes to be served consecutively to a life sentence
(Stats. 1978, Ch. 579). Since the court has discretion to order
that the sentences for more than one crime be served
consecutively, the board shall consider the court's action in
determining the adjustment pursuant to this section.

2. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).
§ 2406. Adjustment for Weapons, Great Loss and Prior
Prison Terms.
(a) General. Effective January 1, 1979, Penal Code Section
669 was amended to permit the court to impose
enhancements under Penal Code Sections 12022, 12022.5,
12022.6 and 667.5 consecutive to a life sentence (Stats. 1978,
Ch. 579). Since the court has discretion whether to impose or
strike the punishment upon a finding that the prisoner used a
deadly or dangerous weapon, was armed with a firearm, used
a firearm, caused great loss or served prior prison terms, the
board shall consider the court's action in determining the
adjustment under this section.

(b) Multiple Convictions.
(1) General. The board shall not add adjustments for
convictions for which the prisoner has been pardoned or
which have been reversed by an appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If
the court imposed consecutive life sentences the board shall
determine the base crime and base term as provided in
Section 2403(a). The board shall add adjustments for the
remaining life crimes. The adjustment for each remaining life
crime shall be a period of time commensurate with the nature
of the crime but no less than the period of parole ineligibility
for the crime. In no case will the parole date for consecutive
sentences be earlier than the parole date for concurrent
sentences.

(b) Punishment Imposed by the Court. If the court imposed
the consecutive punishment for the enhancement, the board
shall not add an additional adjustment for using a deadly or
dangerous weapon, being armed with a firearm, using a
firearm, causing great loss in committing the murder, or
having served a prior prison term.

(3) Concurrent Life Sentences Imposed by the Court. If the
court imposed concurrent life sentences, the board may add
an adjustment because the prisoner has been convicted of
more than one crime. The suggested adjustment is the greater
of:

(c) Punishment Stricken by Court. If the court struck the
punishment upon a finding of circumstances in mitigation,
the board shall consider any circumstances in mitigation. The
board may add an adjustment for using a deadly or dangerous
weapon, being armed with a firearm, using a firearm, causing
great loss or having served a prior prison term. The suggested
adjustment is one-half the punishment that was stricken by
the court.

(A) Time served on the nonbase life crime prior to
reception on the base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree
murder committed on or after November 8, 1978.

(d) No Allegation or Finding. If the board finds that the
prisoner used a deadly or dangerous weapon, was armed with
a firearm, used a firearm, caused great loss or served a prior

82 

TITLE 15

Board of Parole Hearings 

2. Second degree murder: 8 years for a second degree
murder committed on or after November 8, 1978.

a significant pattern of criminal behavior rather than a single
period of aberrant behavior.

3. One-half the period of parole ineligibility for other
life crimes.

(e) Status. The prisoner was on probation or parole or was in
custody or had escaped from custody when the crime was
committed.

(4) Consecutive Nonlife Sentences Imposed by the Court. If
the court imposed consecutive nonlife sentences the Board
shall not add additional adjustment for the nonlife crime.

(f) Vulnerability. The victim was particularly vulnerable.
(g) Other. The other crime included any other circumstances
in aggravation including those listed in the Sentencing Rules
for the Superior Courts.

(5) Concurrent Nonlife Sentences Imposed by the Court. If
the court imposed concurrent nonlife sentences, the board
may add an adjustment because the prisoner has been
convicted of more than one crime. The suggested adjustment
is the greater of:

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 669, 1170, 3040 and 3041, Penal Code:
Sentencing Rules for the Superior Courts.
§ 2409. Circumstances in Mitigation of the Adjustment
for Other Crimes.

(A) Time served for the nonlife crime prior to reception
on the life offense; or

Circumstances which may justify imposition of an adjustment
for another crime lower than that suggested in Section 2407,
or which may justify no adjustment, include:

(B) One-half the determinate term imposed by the court;
or
(C) One-half the term that would be established under
Section 2271(e) for crimes which carry a sentence of one year
and one day.

(a) Successful Completion of Probation or Parole. The
prisoner's performance on probation or parole for the other
crime was good, and the prisoner was free of criminal
convictions for a reasonable period of time following
completion of probation or parole.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 669, 1170, 3040 and 3041, Penal Code.
HISTORY

(b) Insignificant Prior Record. The other crime indicates an
insignificant pattern of prior criminal behavior. For example,
the other crime is unrelated to the principal offense in time, in
the kind of criminal conduct involved, or in the apparent
motivation or cause of the criminal conduct.

1. Amendment of subsection (b)(3)(B) filed 11-13-85;
effective thirtieth day thereafter (Register 85, No. 46).
§ 2408. Circumstances in Aggravation of the Adjustment
for Other Crimes.
Circumstances which may justify imposition of an adjustment
for another crime higher than that suggested in Section 2407
include:

(c) Probation. The prisoner was granted probation after
conviction of the other crime.
(d) Other. The other crime included any other circumstances
in mitigation including those listed in the Sentencing Rules
for the Superior Courts.

(a) Pattern of Violence. A victim was seriously injured or
killed in the course of the other crime, or there was a
substantial likelihood of serious injury or death resulting from
the acts of the prisoner.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 669, 1170, 3040 and 3041, Penal Code:
Sentencing Rules for the Superior Courts.
§ 2410. Postconviction Credit.

(b) Numerous Crimes. The other crime was one of a series of
crimes which occurred during a single period of time,
showing a pattern of similar conduct resulting in convictions,
but not resulting in adjustments under Section 2407.

(a) General. Life prisoners may earn postconviction credit for
each year spent in state prison from the date the life term
starts. Prior to the initial parole consideration hearing life
prisoners shall have documentation hearings as provided in
Section 2269.1. At the documentation hearings, the board
shall document the prisoner's performance, participation,
behavior and other conduct as specified in subsection (c) of
this section. Credit shall not be granted or denied at these
hearings. The documentation shall be used by the panel

(c) Crimes of Increasing Seriousness. The prisoner has
committed multiple crimes which indicate a significant
pattern of increasingly serious criminal conduct.
(d) Independent Criminal Activity. The other crime and its
objective were independent of the base crime or the other
crime was committed at a different time and place, indicating

83 

TITLE 15

Board of Parole Hearings 

which establishes a parole date to determine how much, if
any, credit should be granted for the years served prior to the
establishment of the parole date. Once a parole date is
established, postconviction credit for time served since the
last hearing shall be considered at the progress hearings
scheduled as provided in Section 2269.

granting of postconviction credit. The panel shall consider the
nature and availability of programs at the institution, the
prisoner's custody status, and any other impediments to the
prisoner's participation in programs.
(3) Behavior in the Institutional Setting. All life prisoners
are presumed to behave in a disciplinary-free manner, in
accordance with state law and departmental regulations (refer
to CDC Rules 3000-3021). However, a minor disciplinary
offense shall not necessarily prevent the granting of
postconviction credit.

The board shall consider each case individually in
determining the amount of credit. This section provides
guidelines for granting credit but a panel may grant more or
less credit as appropriate.
(b) Amount of Credit. Postconviction credit shall be granted
to life prisoners in a manner which allows similar amounts of
time to prisoners in similar circumstances. The suggested
amount of postconviction credit is zero to 4 months for each
year served since the date the life term started excluding any
time during which service of the life term is tolled.

(d) Credit Not Granted. No annual postconviction credit shall
be granted in the case of any prisoner who commits serious
(as defined in 15 CCR Section 3315) or numerous (more than
three) infractions of departmental regulations, violates any
state law, or engages in other conduct which could result in
rescission of a parole date (see Section 2451) unless the panel
finds evidence in mitigation and supports such finding with a
statement of its reasoning.

The board may grant more or less than 4 months annual
postconviction credit when the prisoner's performance,
participation or behavior warrants such adjustment of credit.
Less than 4 months credit may be granted if the prisoner fails
to meet the general expectations set forth in Section 2410(c).
More than 4 months credit may be granted if the prisoner
demonstrates exceptional performance in a work assignment,
exceptional participation in self-help or rehabilitative
programs, or other exemplary conduct. If the panel grants
more than 4 months of postconviction credit for any year, the
case shall be reviewed as provided in Sections 2041-2043.

Consistent unsatisfactory performance in work assignments,
consistent failure to engage in program participation, or
consistent overall negative behavior demonstrated by
numerous minor disciplinary reports may, individually or
cumulatively, justify the withholding of annual
postconviction credit which otherwise could have been
granted.
(e) Change in Parole Date. Once postconviction credit is
granted for particular year of imprisonment, the credit shall
be applied to any new term established after rescission or
reconviction after a reversal.

Provided, however, postconviction credits which would
advance the parole release date to less than 180 days from the
date of the hearing shall not be granted unless or until the
parole review authority of the Governor is exercised pursuant
to Penal Code section 3041.1.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3040 and 3041, Penal Code. In re
Stanley, 54 Cal.App.3d 1030 (1976).

(c) Criteria. In determining the amount of postconviction
credit to be granted, the panel shall consider the following:

HISTORY
1. Amendment of subsection (d) and Note filed 8-15-91;
operative 9-16-91 (Register 91, No. 51).

(1) Performance in Institutional Work Assignments. All
life prisoners are presumed to work and to perform
satisfactorily in work assignments (see CDC Rules 3040 and
3041). Lack of a work assignment shall not necessarily
prevent the granting of postconviction credit. The panel shall
consider the nature and availability of work assignments at
the institution, the prisoner's custody status, and any other
impediments to the prisoner's receiving work assignment.

2. Amendment of subsections (b) and (c)(2) filed 12-20-93;
operative 1-19-94 (Register 93, No. 52).
§ 2411. Fixing a Parole Date.
(a) Total Period of Confinement. The terms established for
the base crime and any adjustments shall be added together
resulting in a total period of confinement. The total period of
confinement shall be reduced by any postconviction credit
granted under Section 2410. This results in the adjusted
period of confinement.

(2) Participation in Self-Help and Rehabilitative Programs.
All life prisoners are presumed to participate in programs for
self development (refer to CDC Rules 3040 and 3041). Lack
of program participation shall not necessarily prevent the

84 

TITLE 15

Board of Parole Hearings 

(b) Period of Prison Confinement. Any preprison credit shall
be deducted from the total period of confinement as provided
in Sections 2341-2345. This results in the total period of
prison confinement. The to tal period of prison confinement
shall be reduced by any postconviction credit granted under
Section 2410. This results in the adjusted period of prison
confinement.
(c) Release Date. The adjusted period of prison confinement
and any time at large shall be added to the date the life term
starts. This results in the parole date. For purposes of
determining the parole date, the life terms starts on:

The criteria and guidelines in this article shall apply to
prisoners sentenced to a term of 20 years to life as habitual
offenders under Penal Code Section 667.7 for crimes
committed on or after January 1, 1982. The guidelines in this
article shall be construed to be based on the public's
expressed intent in adding Section 667.7 to the Penal Code
that a person convicted of a felony in which the person
inflicts great bodily injury or who personally uses force likely
to produce great bodily injury, and who has served two or
more prior prison terms for specified crimes should be
incarcerated for an extended period of time.

(1) Consecutive Life Sentences. The date the prisoner was
received under Penal Code Section 2900 or 1203.2a for the
earliest life sentence if the prisoner is sentenced to prison
with consecutive life sentences.

The general statement in Section 2400 regarding the
differences between the minimum eligible parole date and the
parole release date shall be complied with as if incorporated
herein.

(2) Concurrent Life Sentences. The date the prisoner was
received under Penal Code Section 2900 or 1203.2a for the
earliest life sentence used in calculating the parole date if the
prisoner is sentenced to prison with concurrent life sentences.

A prisoner committed as a habitual offender shall have his
initial parole consideration hearing in the thirteenth month
prior to the minimum eligible parole date. The prisoner shall
have documentation hearings as provided in Section 2269.1,
but no specific amount of postconviction credit shall be
granted until the board has established a period of
confinement.

(3) Consecutive Nonlife Sentences for Crimes or
Enhancements. The date the prisoner completed serving the
nonlife sentence or the sentence for the consecutive
enhancement under Penal Code Section 669 if the prisoner is
sentenced to prison with nonlife sentences which are
consecutive to life sentence or with court imposed
consecutive enhancements.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 2930-2933, 3040 and 3041, Penal
Code.
HISTORY

(4) Concurrent Nonlife Sentences. The date the prisoner
was received for the life crime under Penal Code Section
2900 or 1203.2a, if the prisoner is sentenced to prison with
nonlife sentences which are concurrent to the life sentences.
If the panel added any adjustments for the nonlife crimes and
the prisoner was received for those crimes prior to the date he
was received for the life crime, the time served for those
nonlife crimes prior to the date the life term starts shall be
deducted from the adjustment for the nonlife crime.

1. New Article 12 (Sections 2420-2429.1) filed 6-14-84;
effective thirtieth day thereafter (Register 84, No. 24).
§ 2421. General.
A habitual offender shall be considered for parole for the first
time at the initial parole consideration hearing. A parole date
shall be denied if the prisoner is found unsuitable for parole
under Section 2422(c). A parole date shall be set if the
prisoner is found suitable for parole under Section 2422(d). A
parole date set under this article shall be set in a manner that
provides uniform terms for offenses of similar gravity and
magnitude with respect to the threat to the public.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 669, 1203.2a and 2900, Penal Code.
HISTORY

In setting the parole date the panel shall consider the
Sentencing Rules for the Superior Courts. The panel shall
also consider the criteria and guidelines set forth in this
article for determining suitability for parole and the setting of
parole dates, the circumstances of the crimes for which the
prisoner was sentenced, and any circumstances in aggravation
or mitigation.

1. Amendment of subsection (b) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

Article 12. Parole Consideration Criteria and
Guidelines for Habitual Offenders Sentenced to Life
Terms Under Penal Code Section 667.7
§ 2420. Scope of Article.

In setting the base period of confinement, the panel shall
consider the circumstances of the current and prior offenses

85 

TITLE 15

Board of Parole Hearings 

resulting in the conviction as a habitual offender, including
the number of prior prison terms for specified crimes and the
extent of injury to the victim of the current offense. The panel
may then make adjustments to the base period of confinement
for other factors.

determine the category most closely related to the
circumstances of the most serious of the series of prior and
current offenses which resulted in commitment as an habitual
offender. The panel shall impose the middle base term
reflected in the matrix unless the panel finds circumstances in
aggravation or mitigation.

The circumstances tending to show suitability and
unsuitability, and the circumstances in aggravation and
mitigation contained in this article shall be construed as
guidelines only. The panel may make findings outside the
guidelines when warranted in the individual case and reasons
are stated on the record.

If the panel finds circumstances in aggravation or in
mitigation as provided in Sections 2424 or 2425, the panel
may impose the upper or lower base term provided in the
matrix by stating the specific reason for imposing such a
term. A base term other than the upper, middle, or lower base
term provided in the matrix may be imposed by the panel if
justified by the particular facts of the individual case and if
the facts supporting the term imposed are stated.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 3040 and 3041, Penal Code.
§ 2422. Determination of Suitability.
(a) General. The panel shall first determine whether the
prisoner is suitable for release on parole. Regardless of the
length of time served, a prisoner shall be found unsuitable for
and denied parole if in the judgment of the panel the prisoner
will pose an unreasonable risk of danger to society if released
from prison.
(b) Information Considered. At all parole consideration
hearings for habitual offenders the panel shall consider the
information described in Section 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel
shall consider those circumstances listed in Section 2281(c)
which the panel finds are appropriate to the case of a habitual
offender. The panel may make other findings when warranted
by the circumstances of an individual case and reasons are
stated in the record.
(d) Circumstances Tending to Show Suitability. The panel
shall consider those circumstances listed in Section 2281(d)
which the panel finds are appropriate to the case of a habitual
offender. The panel may make other findings when warranted
by the circumstances of an individual case and reasons are
stated in the record.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7 and 3041, Penal Code.
§ 2423. Base Term.
(a) General. The panel shall set a base term for each habitual
offender who is found suitable for parole. The base term shall
be established based on the circumstances of the series of
prior and current offenses which resulted in conviction as a
habitual offender, considered as a whole.
The base term shall be established by utilizing the appropriate
matrix of base terms provided in this section. The panel shall

86 

Board of Parole Hearings 

TITLE 15

(b) Matrix of base terms for prisoners sentenced to terms of
20 years to life as habitual offenders under Penal Code

HABITUAL OFFENDERS
Penal Code § 667.7 (in years
and does not include post
conviction credit as provided
in § 2410)

II.

Section 667.7 for crimes committed on or after January 1,
1982.

D. Crime included a
single victim who did
not require extensive
medical treatment or
prisoner was a passive
participant or played a
minor role in the
crime.

E. Crime involved
multiple victims or
there were multiple
injuries inflicted on
the same or different
victims.

F.

20-22-24

21-23-25

22-24-26

23-25-27

21-23-25

22-24-26

23-25-27

24-26-28

22-24-26

23-25-27

24-26-28

25-27-29

23-25-27

24-26-28

25-27-29

26-28-30

Victim was tortured or
D. Crime involved
suffered loss of bodily
intricate planning
member or organ, or
or there exists
duration of offense was
facts which
lengthy and prisoner had
indicate the crime
an opportunity to cease but
was committed in
instead continued.
a manner which
demonstrates an
exceptionally
callous disregard
for human
suffering.

Contributing Victim
While not an accomplice,
victim was involved in
criminal activity which
contributed to the motivation
for the crime, i.e., drug
dealer, sex offender, etc.
II.
Prior Relationship
Victim was involved in a
prior relationship with
prisoner (spouse, family
member, friend, etc.) which
contributed to the motivation
for the crime.
III.
Vulnerable Victim
Victim was particularly
vulnerable due to age or
physical or mental condition.
IV.
Injury to victim
Victim suffered fatal injury,
required extensive medical
treatment, or was
permanently disabled as a
result of the crime.

§ 2424. Circumstances in Aggravation of the Base Term.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 667.7 and 3041, Penal Code.

Circumstances in aggravation of the base term include but are
not limited to:

HISTORY

(a) Criminal History.

1. Amendment of section and Note filed 3-15-93; operative 414-93 (Register 93, No. 12).

(1) The current offense or offenses and the offenses
underlying the prior prison terms are violent offenses as
defined in Penal Code Section 667.5(c).

2. Editorial correction adding subsection (b) and matrix
(Register 93, No. 17).

87 

TITLE 15

Board of Parole Hearings 

(2) The current offense or offenses and the offenses
underlying the prior prison terms were committed within a
relatively short time after release on parole.

(b) Circumstances of Offenses.
(1) The great bodily injury to the victim in the current
offense was no greater than that required for a finding under
Penal Code Section 12022.7, and the prisoner did not
personally inflict injury on any other victim of any offense of
which he has previously been convicted.

(3) The prisoner has been convicted of other offenses
during the periods between the commission of the current
offense and the offenses underlying the prior prison terms.
(4) The prisoner has served more than two prior prison
terms for offenses listed in Penal Code Section 667.7.

(2) The current offense or offenses did not involve use of a
firearm, and the offenses underlying the prior prison terms
did not involve use of a firearm, or arming or use of a deadly
or dangerous weapon.

(b) Circumstances of Offenses.
(1) The current offense or offenses resulted in greater
injury to one or more victims than is required for a finding
under Penal Code Section 12022.7.

(c) The Circumstances in Mitigation enumerated in Sections
2284, except subdivision (a)(1), and 2405, as appropriate to
the case of a habitual offender.

(2) The current offense or offenses or the offenses
underlying the prior prison terms resulted in death to one or
more victims.

(d) Any other circumstances in mitigation including those
listed in the Sentencing Rules for the Superior Courts.

(3) The circumstances of the current offense or offenses
and the offenses underlying the prior prison terms indicate
the prisoner preys on victims who are particularly vulnerable,
or who occupy a position of trust in relation to the prisoner.

Note: Authority cited: 5076.2, Penal Code. Reference:
Sections 667.7, 3040 and 3041, Penal Code.
§ 2426. Adjustment for Weapons, Great Loss, Great
Bodily Injury and Prior Prison Terms.

(4) The circumstances of the current offense or offenses
and the offenses underlying the prior prison terms indicate a
pattern of the commission of similar violent crimes; i.e.,
conviction for three or more sexual offenses, or three or more
offenses involving use of a firearm.

(a) The panel shall consider the addition of adjustments for
weapons, great loss, and prior prison terms as provided in
Section 2406.
(b) The panel shall consider the addition of an adjustment for
great bodily injury using the guidelines as provided in
Section 2406 for the addition of adjustments for weapons,
great loss, and prior prison terms.

(c) The Circumstances in Aggravation enumerated in
Sections 2283, except subdivision (a)(1), and 2404, as
appropriate to the case of a habitual offender.

(c) The panel shall not add adjustments for prior prison terms
or findings of great bodily injury which resulted in the
commitment as a habitual offender.

(d) Any other circumstances in aggravation including those
listed in the Sentencing Rules for the Superior Courts.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.5, 667.7, 3040, 3041, 12022,
12022.5, 12022.6 and 12022.7, Penal Code.
§ 2427. Adjustments for Other Offenses.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 3040 and 3041, Penal Code.
§ 2425. Circumstances in Mitigation of Base Term.
Circumstances in mitigation include but are not limited to:

(a) General. Effective January 1, 1979, Penal Code Section
669 was amended to permit the court to impose sentences for
other crimes to be served consecutively to a life sentence
(Stats. 1978, Ch. 579). Since the court has discretion to order
that the sentences for more than one crime be served
consecutively, the board shall consider the court's action in
determining the adjustment pursuant to this section.

(a) Criminal History.
(1) The current offense or offenses and the offenses
underlying the prior prison terms are non-violent offenses not
listed in Penal Code Section 667.5(c).
(2) There is a relatively long period of crime-free conduct,
including successful completion of parole, between
commission of the offenses resulting in commitment as a
habitual offender.

(b) Multiple Convictions.
(1) General. The board shall not add adjustments for
convictions for which the prisoner has been pardoned or
which have been reversed by an appellate court.

(3) The prisoner has no other convictions for violent crimes
as defined in Penal Code Section 667.5(c) other than those
resulting in commitment as a habitual offender.

88 

TITLE 15

Board of Parole Hearings 

(2) Consecutive Life Sentences Imposed by the Court. If
the court imposed consecutive life sentences the board shall
determine the base crime and base term. The board shall add
adjustments for the remaining life crimes. The adjustment for
each remaining life crime shall be a period of time
commensurate with the nature of the crime but no less than
the period of parole ineligibility for the crime. In no case will
the parole date for consecutive sentences be earlier than the
parole date for concurrent sentences.

(a) Circumstances in Aggravation. Circumstances which may
justify imposition of an adjustment for another crime higher
than that suggested in Section 2427 include:
(1) Pattern of Violence. A victim was seriously injured or
killed in the course of the other crime, or there was a
substantial likelihood of serious injury or death resulting from
the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series
of crimes which occurred during a single period of time,
showing a pattern of similar conduct resulting in convictions
but not resulting in adjustments under Section 2427.

(3) Concurrent Life Sentences Imposed by the Court. If the
court imposed concurrent life sentences, the board may add
an adjustment because the prisoner has been convicted of
more than one crime. The suggested adjustment is the greater
of:

(3) The prisoner has committed multiple crimes which
indicate a significant pattern of increasingly serious criminal
conduct.

(A) Time served on the nonbase life crime prior to
reception on the base offense; or

(4) Independent Criminal Activity. The other crime and its
objective were independent of the base crime or the other
crime was committed at a different time and place.

(B) The following adjustment:
1. First degree murder: 13 years for a first degree
murder committed on or after November 8, 1978.

(5) Status. The prisoner was on probation or parole or had
escaped from custody when the other crime was committed.

2. Second degree murder: 8 years for a second degree
murder committed on or after November 8, 1978.

(6) Vulnerability. The victim was particularly vulnerable.
(7) Other. The other crime included any other
circumstances in aggravation including those listed in the
Sentencing Rules for the Superior Courts.

3. One-half the period of parole ineligibility for other
life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court.
If the court imposed consecutive nonlife sentences the board
shall not add additional adjustments for the nonlife crimes.

(b) Circumstances in Mitigation. Circumstances which may
justify imposition of an adjustment for another crime lower
than that suggested in Section 2427, or which may justify no
adjustment, include:

(5) Concurrent Nonlife Sentences Imposed by the Court. If
the court imposed concurrent nonlife sentences, the board
may add an adjustment because the prisoner has been
convicted of more than one crime. The suggested adjustment
is the greater of:

(1) Successful Completion of Probation or Parole. The
prisoner's performance on probation or parole for the other
crime was good, and the prisoner was free of criminal
convictions for a reasonable period of time following
completion of probation or parole.

(A) Time served for the nonlife crime prior to reception
on the life offense; or

(2) Probation. The prisoner was granted probation after
conviction of the other crime.

(B) One-half the determinate term imposed by the court;
or

(3) Other. The other crime included any other
circumstances in mitigation including those listed in the
Sentencing Rules for the Superior Courts.

(C) One-half the term that would be established under
Section 2271 for crimes which carry a sentence of a year and
a day.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 669, 1170, 3040 and 3041, Penal
Code; and Sentencing Rules for the Superior Courts.
§ 2429. Postconviction Credit.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 669, 1170, 3040 and 3041, Penal
Code.
§ 2428. Circumstances in Aggravation and Mitigation of
the Adjustment for Other Crimes.

The application of postconviction credit shall be considered
as provided in Section 2410.

89 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 3040 and 3041, Penal Code; In re
Stanley, 54 Cal.App.3d 1030 (1976).
§ 2429.1. Fixing a Parole Date.

date set under this article shall be set in a manner that
provides uniform terms for offenses of similar gravity and
magnitude with respect to the threat to the public.
In setting a parole date the panel shall consider the
Sentencing Rules for the Superior Courts. The panel shall
also consider the criteria and guidelines set forth in this
article for determining suitability for parole and the setting of
parole dates, the circumstances of the crimes for which the
prisoner was sentenced and any circumstances in aggravation
or mitigation.

The parole date shall be determined as provided in Section
2411.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.7, 669, 1203.2a and 2900, Penal
Code.

Article 13. Parole Consideration Criteria and
Guidelines for Sex Offenders Sentenced to Life
Terms Under Penal Code Section 667.51

In setting a base period of confinement, the panel shall
consider the circumstances of the current and prior offenses
resulting in conviction under Penal Code Section 667.51.

§ 2430. Scope of Article.
The criteria and guidelines in this article shall apply to
prisoners sentenced to a term of 15 years to life under Penal
Code Section 667.51. The guidelines in this article shall be
construed as based on the public's expressed intent in adding
Section 667.51 to the Penal Code that a person convicted of
lewd or lascivious acts committed against a child under the
age of 14, and who has served two or more prior prison terms
for specified sex crimes should be incarcerated for an
extended period of time.

The circumstances tending to show suitability and
unsuitability, and the circumstances in aggravation and
mitigation contained in this article shall be construed as
guidelines only. The panel may make findings outside the
guidelines when warranted in the individual case and reasons
are stated on the record.

The general statement in Section 2400 regarding the
differences between the minimum eligible parole date and the
parole release date shall be construed as if incorporated
herein.

(a) General. The panel shall first determine whether the
prisoner is suitable for release on parole. Regardless of the
length of time served, a prisoner shall be found unsuitable for
and denied parole if in the judgement of the panel the
prisoner will pose an unreasonable risk of danger to society if
released from prison.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 3040 and 3041, Penal Code.
§ 2432. Determination of Suitability.

A person committed under Penal Code Section 667.51 shall
have his initial parole consideration hearing in the thirteenth
month prior to the minimum eligible parole date. The
prisoner shall have documentation hearings as provided in
Section 2269.1, but no specific amount of postconviction
credit shall be granted until the board has established a period
of confinement.

(b) Information Considered. At all parole consideration
hearings for sex offenders the panel shall consider the
information described in Section 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel
shall consider those circumstances listed in Section 2281(c)
which the panel finds are appropriate to the case of a sex
offender. The panel may make other findings when warranted
by the circumstances of an individual case and reasons are
stated in the record.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 667.7, 2930-2933, 3040 and
3041, Penal Code.
HISTORY

(d) Circumstances Tending to Show Suitability. The panel
shall consider those circumstances listed in Section 2281(d)
which the panel finds are appropriate to the case of a sex
offender. The panel may make other findings when warranted
by the circumstances of an individual case and reasons are
stated in the record.

1. New Article 13 (Sections 2430-2439.1) filed 6-14-84;
effective thirtieth day thereafter (Register 84, No. 24).
§ 2431. General.
A sex offender shall be considered for parole for the first time
at the initial parole consideration hearing. A parole date shall
be denied if the prisoner is found unsuitable for parole under
Section 2432(c). A parole date shall be set if the prisoner is
found suitable for parole under Section 2432(d). A parole

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51 and 3041, Penal Code.

90 

TITLE 15

Board of Parole Hearings 

§ 2433. Base Term.

the prisoner preys on victims who are particularly vulnerable
resulting from factors other than the age or sex of the victim,
and/or who occupy a position of trust in relation to the
prisoner.

(a) General. The panel shall set a base term for each sex
offender who is found suitable for parole. The base term shall
be established based on the circumstances of the series of
prior and current offenses which resulted in conviction as a
sex offender, considered as a whole. The panel shall set a
base term which it finds to be appropriate in an individual
case after consideration of the Circumstances in Aggravation
listed in Section 2434 and the Circumstances in Mitigation
listed in Section 2435, and any other circumstances which
appear to be important in the judgment of the panel.

(c) The Circumstances in Aggravation listed in Sections
2283, except subdivision (a)(1), and 2404, as appropriate to
the case of a habitual sex offender.
(d) Any other circumstances in aggravation including those
listed in the Sentencing Rules for the Superior Courts.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 3040 and 3041, Penal Code.
§ 2435. Circumstances in Mitigation of the Base Term.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51 and 3041, Penal Code.
§ 2434. Circumstances in Aggravation of the Base Term.

Circumstances in mitigation of the base term include:
(a) Criminal History.

Circumstances in aggravation of the base term include:

(1) The offenses underlying the prior prison terms were for
non-violent offenses not listed in Penal Code Section
667.5(c).

(a) Criminal History.
(1) The current offense or offenses and the offenses
underlying the prior prison terms are violent offenses as
defined in Penal Code Section 667.5(c).

(2) The prisoner has no other convictions for sex or sexrelated offenses other than those resulting in commitment
under Penal Code Section 667.51.

(2) The current offense or offenses and the offenses
underlying the prior prison terms were committed within a
relatively short time of each other.

(3) The current and previous commitments resulted from a
single sex offense committed against a single victim.

(3) The prisoner has been convicted of offenses,
misdemeanors or felonies, involving sexually aberrant
behavior other than those resulting in the life sentence under
Penal Code Section 667.51.

(b) Circumstances of Offense.
(1) The current offense or offenses and the offenses
underlying the prior prison terms resulted in no physical or
psychological injury to any victim beyond that directly
resulting from the sex act.

(4) The prisoner has served more than two prior prison
terms for offenses listed in Penal Code Section 667.51.

(2) The current offense or offenses and the offenses
underlying the prior prison terms did not involve arming or
use of a firearm or deadly or dangerous weapon.

(5) The current or prior commitments to state prison
resulted from multiple convictions for sex and sex-related
offenses.

(3) The commission of the offenses resulting in
commitment under Penal Code Section 667.51 appear to have
resulted from a psychological condition for which the
prisoner has voluntarily and continuously sought treatment.

(b) Circumstances of Offenses.
(1) The current offense or offenses or the offenses
underlying the prior prison terms resulted in physical or
psychological injury to the victim beyond that occasioned by
the sex act.

(c) The Circumstances in Mitigation listed in Sections 2284,
except (a)(1), and 2405, as appropriate to the case of a
habitual sex offender.

(2) The current offense or offenses or the offenses
underlying the prior prison terms involved arming or use of a
firearm or deadly or dangerous weapon.

(d) Any other circumstances in mitigation including those
listed in the Sentencing Rules for the Superior Courts.

(3) The current offense or offenses and the offenses
underlying the prior prison terms establish a pattern of sexual
crimes against children.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 3040 and 3041, Penal Code.
§ 2436. Adjustment for Weapons, Great Loss, Great
Bodily Injury and Prior Prison Terms.

(4) The circumstances of the current offense or offenses
and the offenses underlying the prior prison terms indicate

91 

TITLE 15

Board of Parole Hearings 

(a) The panel shall consider the addition of adjustments for
weapons, great loss, and prior prison terms as provided in
Section 2406.

3. One-half the period of parole ineligibility for other
life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If
the court imposed consecutive nonlife sentences the board
shall not add additional adjustments for the nonlife crimes.

(b) The panel shall consider the addition of an adjustment for
great bodily injury using the guidelines as provided in
Section 2406 for the addition of adjustments for weapons,
great loss and prior prison terms.

(5) Concurrent Nonlife Sentences Imposed by the Court. If
the court imposed concurrent nonlife sentences, the board
may add an adjustment because the prisoner has been
convicted of more than one crime. The suggested adjustment
is the greater of:

(c) The panel shall not consider adjustments for prior prison
terms which resulted in the commitment as a sex offender.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.5, 667.51, 3040, 3041, 12022,
12022.5, 12022.6 and 12022.7, Penal Code.
§ 2437. Adjustments for Other Offenses.

(A) Time served for the nonlife crime prior to reception
on the life offense; or
(B) One-half the determinate term imposed by the court;
or

(a) General. Effective January 1, 1979, Penal Code Section
669 was amended to permit the court to impose sentences for
other crimes to be served consecutively to a life sentence
(Stats. 1978, Ch. 579). Since the court has discretion to order
that the sentences for more than one crime be served
consecutively, the board shall consider the court's action in
determining the adjustment pursuant to this section.

(C) One-half the term that would be established under
Section 2271 for crimes which carry a sentence of a year and
a day.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 669, 1170, 3040 and 3041, Penal
Code.
§ 2438. Circumstances in Aggravation and Mitigation of
the Adjustment for Other Crimes.

(b) Multiple Convictions.
(1) General. The board shall not add adjustments for
convictions for which the prisoner has been pardoned or
which have been reversed by an appellate court.

(a) Circumstances in Aggravation. Circumstances which may
justify imposition of an adjustment for another crime higher
than that suggested in Section 2437 include:

(2) Consecutive Life Sentences Imposed by the Court. If
the court imposed consecutive life sentences the board shall
determine the base crime and base term. The board shall add
adjustments for the remaining life crimes. The adjustment for
each remaining life crime shall be a period of time
commensurate with the nature of the crime but no less than
the period of parole ineligibility for the crime. In no case will
the parole date for consecutive sentences be earlier than the
parole date for concurrent sentences.

(1) Pattern of Violence. A victim was seriously injured or
killed in the course of the other crime, or there was a
substantial likelihood of serious injury or death resulting from
the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series
of crimes which occurred during a single period of time,
showing a pattern of similar conduct resulting in convictions
but not resulting in adjustments under Section 2437.

(3) Concurrent Life Sentences Imposed by the Court. If the
court imposed concurrent life sentences, the board may add
an adjustment because the prisoner has been convicted of
more than one crime. The suggested adjustment is the greater
of:

(3) The prisoner has committed multiple crimes which
indicate a significant pattern of increasingly serious criminal
conduct.
(4) Independent Criminal Activity. The other crime and its
objective were independent of the base crime or the other
crime was committed at a different time and place.

(A) Time served on the nonbase life crime prior to
reception on the base offense; or

(5) Status. The prisoner was on probation or parole or had
escaped from custody when the other crime was committed.

(B) The following adjustment:
1. First degree murder: 13 years for a first degree
murder committed on or after November 8, 1978.

(6) Other. The other crime included any other
circumstances in aggravation including those listed in the
Sentencing Rules for the Superior Courts.

2. Second degree murder: 8 years for a second degree
murder committed on or after November 8, 1978.

92 

Board of Parole Hearings 

TITLE 15

(b) Circumstances in Mitigation. Circumstances which may
justify imposition of an adjustment for another crime lower
than that suggested in Section 2437, or which may justify no
adjustment, include:

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041, 3041.5 and 3041.7, Penal Code.
HISTORY
1. Amendment of section and new Note filed 1-13-2000;
operative 2-12-2000 (Register 2000, No. 2).
§ 2451. Reportable Information.

(1) Successful Completion of Probation or Parole. The
prisoner's performance on probation or parole for the other
crime was good, and the prisoner was free of criminal
convictions for a reasonable period of time following
completion of probation or parole.

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:

(2) Probation. The prisoner was granted probation after
conviction of the other crime.
(3) Other. The other crime included any other
circumstances in mitigation including those listed in the
Sentencing Rules for the Superior Courts.

(a) Disciplinary Conduct.
(1) Assault with a weapon.
(2) Escape.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 669, 1170, 3040 and 3041, Penal
Code; and Sentencing Rules for the Superior Courts.
§ 2439. Postconviction Credit.

(3) Physically assaultive behavior.
(4) Possession of a weapon without permission.
(5) Possession of controlled substances without a
prescription.

The application of postconviction credit shall be considered
as provided in Section 2410.

(6) Attempt to escape.

The parole date shall be determined as provided in Section
2411.

(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.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 3040 and 3041, Penal Code; In
re Stanley, 54 Cal.App.3d (1976).

(8) Intentional destruction of state property valued in
excess of $50.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 669, 1203.2a and 2900, Penal
Code.
§ 2439.1. Fixing a Parole Date.

(9) Falsification of a significant record or document.
(10) Possession of escape tools without permission.

The parole date shall be determined as provided in Section
2411.

(11) Manufacture or sale of intoxicants.
(12) Threatening the Board or Board staff.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 667.51, 669, 1203.2a and 2900, Penal
Code.

(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.

Chapter 4. Postponement or Rescission of
Release
Article 1. Initiating Proceedings

(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.

§ 2450. General.
The ISL parole date of an ISL prisoner or the parole date of a
life or non-life 1168 prisoner may be postponed or rescinded
for good cause at a rescission hearing. Rescission
proceedings refer to any proceedings which may result in the
postponement or rescission of a release date.

(c) Fundamental errors occurred, resulting in the improvident
granting of a parole date.

93 

TITLE 15

Board of Parole Hearings 

(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.

3. Amendment of section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2453. Pre-Rescission Hearings.
(a) Scheduling. If the prisoner is scheduled to be released
within 20 days, a criminal prosecution is pending, and the
criminal prosecution will not terminate before the scheduled
release date, Department staff shall schedule a pre-rescission
hearing. The prisoner may waive the pre-rescission hearing.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3060, Penal Code.
HISTORY

A prisoner who has had or has waived a pre-rescission
hearing on any one charge which alone is sufficiently serious
to postpone or rescind the release date, is not entitled to a prerescission hearing on any other charges.

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).

(b) Time Limits. Pre-rescission hearings should occur before
the scheduled release date. Any delay beyond the scheduled
release date must be authorized by the Board at the central
office calendar.

This database is current through 7/3/15 Register 2015, No. 27
15 CCR § 2451, 15 CA ADC § 2451
§ 2452. Procedure for Reporting.
(a) Reporting. Department staff shall report to the Board at
the central office calendar any life, non-life 1168 or ISL
prisoner who must be reported under s 2451.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041.5 and 3060, Penal Code.
HISTORY

(b) Time of Report. All cases shall be reported to the Board
prior to the prisoner's scheduled release date.

1. Amendment of section heading and section and new Note
filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§ 2454. Scheduling Rescission Hearings.

If the case has not been referred to the District Attorney for
prosecution, the case shall be reported to the Board within 15
days of the conduct or the discovery of information leading to
disciplinary charges.

The time limits specified in this section are directory, and
failure to meet the time limits does not deprive the Board of
jurisdiction to hold the hearing. Department staff shall
schedule rescission hearings as follows:

If the case has been referred to the District Attorney for
prosecution, the case should be reported to the Board on the
earliest of the following dates:

(a) New Commitment. If the prosecution terminates in a
sentence to state prison prior to the scheduled rescission
hearing, the rescission hearing shall be cancelled, and the
prisoner shall be scheduled for a parole hearing as provided
in s 2308(c).

(1) 60 days before the prisoner's parole date;
(2) Within 15 days of the date upon which the District
Attorney notifies the Department that the county will not
prosecute the case;

If the prosecution terminates in a sentence to state prison after
a rescission hearing, the action at the rescission hearing shall
be vacated, and the prisoner shall be scheduled for a parole
hearing as provided in s 2308(c).

(3) Within 15 days of the date of the criminal prosecution.
These time limits are directory only, and the Board may hold
a rescission hearing if these time limits are not met in a
particular case.

(b) Definitions.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.

(1) Days. Time must be computed in calendar days. If a
due date falls on a weekend or holiday, the due date will be
the next working day.

HISTORY
1. Amendment of subsection (b) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).

(2) Termination of Criminal Prosecution. Criminal
prosecution shall be considered terminated when any one or
more of the following occur:

2. Repealer of subsections (c) and (d) filed 12-22-82 by OAL
pursuant to Government Code Section 11349.7(j) (Register
82, No. 52).

(A) The prisoner has been sentenced.
(B) The criminal charges are dismissed for any reason.

94 

Board of Parole Hearings 

TITLE 15

(C) The prisoner has been acquitted.

(c) Witnesses. The prisoner shall have the right to request the
presence of evidentiary witnesses at a rescission hearing. The
witnesses shall be called unless the hearing panel has specific
reason to deny the request. Witnesses shall be screened in
accordance with the procedures of § 2668. The prisoner may
request subpoenas or subpoenas duces tecum as provided in
§§ 2675-2682. If denied, the specific reasons for denial shall
be documented and a copy of the document given to the
prisoner. During the hearing, the prisoner has the right, under
the direction of the hearing panel, to question all witnesses.

(D) The prisoner has been granted immunity from further
prosecution.
(E) The prisoner is diverted under Penal Code section
1000.
(F) The prisoner is committed to the Department for
diagnosis under Penal Code section 1203.03.
(G) The parolee is committed to CRC.
(3) Sentence. A sentence means a fine, a jail sentence, a
prison sentence, a probationary sentence (regardless of
whether judgment was entered) or any commitment to any
agency for diagnosis or treatment (including a temporary
commitment to the Department of Health).

(d) Notice of the Hearing. The prisoner shall be provided
with notice of the hearing at least 30 days prior to the hearing
date.
(e) Record. The record of the hearing shall be a stenographic
transcript.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 1170.2 and 3041, Penal Code.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041.5, 3041.7 and 5076.3, Penal Code;
In re Carroll(1978) 80 Cal. App. 3d 22.

HISTORY
1. Amendment of subsection (c)(2) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

2. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
3. Amendment of subsection (c) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

2. Amendment of subsection (b) filed 7-21-78 as an
emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).

4. Repealer of subsections (a) and (b) and relettering of
subsections (c) and (d) to subsections (a) and (b) filed 12-2282 by OAL pursuant to Government Code Section 11349.7(j)
(Register 82, No. 52).

4. Amendment of subsection (c) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).
5. Amendment of section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).

5. Amendment of section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).

6. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).
§ 2466. Pre-Hearing Procedures.

Article 2. Hearing Procedures
§ 2465. Prisoner Rights.
At the rescission hearing, the prisoner shall have the rights
specified in §§ 2245-2255, and the following rights:

(a) General. Department staff shall ensure that the board at
the central office calendar is notified of all cases which are
within 20 days of the release date, and all cases of prisoners
with criminal prosecution pending and which are held 90
days past the scheduled release date; final rescission hearings
are scheduled; written demands for a final hearing are
reported to the board at the central office calendar; the
prisoner is advised of his rights; prisoner's requests for
witnesses are screened; any necessary witnesses are obtained;
all documentary and physical evidence is disclosed, unless
designated confidential under s 2235; requests for

(a) Notification of the Charges and the Supporting Evidence.
The prisoner shall receive a copy of the charges, and any
supporting evidence unless designated confidential pursuant
to § 2235.
(b) Attorney. A life prisoner has the right to be represented by
an attorney at the rescission hearing. If the life prisoner is
indigent, an attorney shall be appointed at state expense. An
ISL or non-life prisoner has the right to request the assistance
of an attorney. (See §§ 2690-2701.)

95 

TITLE 15

Board of Parole Hearings 

continuances are decided under s 2253; and the case is
otherwise prepared for the hearing as necessary.

hearing, the Board shall make any decision necessary to the
rescission portion of the hearing, and the Department shall
make any decisions necessary to the disciplinary or good time
credit portion of the hearing. Both the Board and the
Department may question any witnesses. A rescission hearing
may be held without a disciplinary hearing, any time that the
rescission charges are not based upon disciplinary charges or
that the Board at the central office calendar orders an
independent hearing.

Life Prisoner Rescission. At least 30 days before a life
prisoner rescission hearing, Department staff shall notify the
district attorney of the county from which the prisoner was
committed for the life offense that a representative of the
district attorney's office may attend the hearing. If the
prosecutor wishes to participate in the hearing, he shall notify
the institution hearing coordinator at least 14 days before the
hearing. Department staff shall notify the prisoner's attorney
that a prosecutor will attend. The prosecutor may review the
prisoner's central file and submit any relevant documents.
The prosecutor shall submit any documents at least 14 days
before the hearing and the institution hearing coordinator
shall ensure that the prisoner and his attorney receive a copy
ten days prior to the hearing. The institution hearing
coordinator shall also forward to the prosecutor a copy of all
documents provided to the prisoner's attorney.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041, 5075 and 5076.1, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
2. Amendment of subsection (b) filed 4-4-78; effective
thirtieth day thereafter (Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No. 5).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3041.7, Penal Code.

4. Amendment of section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2468. Procedures After Dismissal or Not Guilty.

HISTORY
1. Amendment filed 7-21-78 as an emergency; effective upon
filing (Register 78, No. 29).

If the charges against the prisoner are dismissed, or if the
prisoner is found not guilty of the charges, the prisoner shall
be released on the scheduled release date. If the rescission
proceedings result in the prisoner's being overdue for release,
the prisoner shall be released immediately.

2. Certificate of Compliance filed 0-27-78 (Register 78, No.
43).
3. Amendment of section heading, section and Note filed 113-2000; operative 2-12-2000 (Register 2000, No. 2).
§ 2467. Hearing Procedures.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2932, Penal Code.

(a) Pre-rescission Hearing. The pre-rescission hearing shall
be conducted by a deputy commissioner. The deputy
commissioner shall decide whether there is probable cause to
believe that the prisoner engaged in the conduct charged.
Guilt, innocence, or possible punishment are not at issue at
this hearing.

HISTORY
1. Amendment of section and new Note filed 1-13-2000;
operative 2-12-2000 (Register 2000, No. 2).
§ 2469. Procedures After Postponement. [Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041, 3041.5, 3041.7, and 5076.1, Penal
Code.

(b) Rescission Hearing. The rescission hearing for life
prisoners shall be conducted by a panel of three, at least two
of whom shall be commissioners. Rescission hearings for ISL
prisoners shall be conducted by a panel of two deputy
commissioners. The hearing panel shall decide whether the
prisoner engaged in the conduct charged and, if so, what
action should be taken. For life prisoners, the rescission
hearing may be held in conjunction with a Department
disciplinary hearing. For ISL prisoners with DSL release
dates retroactively calculated, the hearing may be held in
conjunction with a Department good time credit hearing, but
only the ISL date may be rescinded. In such a combined

HISTORY
1. Amendment of subsection (c)(4) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).
2. Amendment of subsection (c)(4) filed 7-21-78 as an
emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).

96 

TITLE 15

Board of Parole Hearings 

4. Amendment of subsection (c)(2) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

2. Amendment of subsection (b) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

5. Repealer filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).
§ 2470. Procedures After Rescission.

3. Amendment of section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2472. Pre-1948 Credits. [Repealed]

Within ten days of any Board action resulting in the
rescission of a parole date, the board shall send the prisoner a
written statement setting forth the reasons for the rescission.
Life and non-life 1168 prisoners shall also be notified that a
parole consideration hearing will be held 12-60 months after
the rescission hearing.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 2920-2926, Penal Code.
HISTORY
1. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3041.5, Penal Code.

2. Repealer filed 1-13-2000; operative 2-12-2000 (Register
2000, No. 2).

HISTORY

Article 3. Multi-Jurisdiction Regulations

1. Amendment of subsection (b)(3) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

§ 2479. General.
The rules contained in chapter 4, articles 1 and 2, shall apply
to all multi-jurisdiction prisoners unless modified by the rules
in this article. The Board at the central office calendar shall
determine as specified in s 2367(d) whether the multijurisdiction prisoner located outside California shall receive a
telephone hearing or a hearing conducted in the incarcerating
jurisdiction.

2. Amendment filed 7-21-78 as an emergency; effective upon
filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No.
43).
4. Amendment of section and Note filed 12-20-93; operative
1-19-94 (Register 93, No. 52).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code
Reference: Sections 1389.7 and 11193, Penal Code.

5. Amendment filed 1-13-2000; operative 2-12-2000
(Register 2000, No. 2).
§ 2471. Appeals.

HISTORY
1. Amendment of article heading and section and new Note
filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§ 2480. Pre-Rescission Hearing Procedures.

(a) Combined Hearing. If the hearing at which the parole date
was postponed or rescinded was a combined hearing, the
prisoner may appeal the decision under Department appeals
procedures. The Department Chief, Appeals Section, shall
coordinate the appeal with the second level of appeal of the
Board.

(a) Multi-jurisdiction Prisoners Located in California. Prerescission hearings for multi-jurisdiction prisoners located in
California shall be conducted as specified in s 2467(a).
(b) Multi-jurisdiction Prisoners Located Outside California.
Pre-rescission hearings for multi-jurisdiction prisoners
located outside California shall be one of the following:

(b) No Combined Hearing. If the hearing at which the release
date was postponed or rescinded was not a combined hearing,
the prisoner may appeal under the procedures of ss 20502056.

(1) Telephone Hearing. The pre-rescission hearing shall be
conducted by a deputy commissioner who shall decide
whether there is probable cause to believe the prisoner
committed the violation charged. Guilt, innocence or possible
punishment are not at issue in this hearing.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code
Reference: In re Muszalski , 52 Cal.App.3d 500 (1975).
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

(2) Hearing Conducted in Incarcerating Jurisdiction.
Hearings may be conducted for the Board by an official of
the incarcerating jurisdiction. The official shall recommend to
the Board whether there is probable cause to believe the
prisoner committed the violation charged. Guilt, innocence or

97 

TITLE 15

Board of Parole Hearings 

possible punishment are not at issue at this hearing. The
official's recommendation and a record of the hearing shall be
forwarded to the Board at the central office calendar where
the final probable cause determination shall be made.

(C) Notice of the Hearing. Notice of the hearing shall be
given as soon as possible but no later than two weeks before
the hearing.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 5075, 5076.1 and 11193, Penal Code.

1. The record of the hearing for a life prisoner shall be
a verbatim transcript.

HISTORY

2. The record of the hearing for a non-life 1168 or ISL
prisoner shall be a tape recording.

(D) Record.

1. Amendment of subsection (b)(1) filed 1-20-88; operative
2-19-88 (Register 88, No. 5).

(2) Multi-jurisdiction Prisoners Receiving Hearings in
Incarcerating Jurisdictions. At any pre-rescission or
rescission hearing held in the incarcerating jurisdiction the
multi-jurisdiction prisoner shall have the rights specified in s
2465.

2. Amendment of section heading, section and Note filed 113-2000; operative 2-12-2000 (Register 2000, No. 2).
§ 2481. Rescission Hearing Procedures.
(a) Multi-jurisdiction Prisoners Located in California.
Rescission hearings for multi-jurisdiction prisoners located in
California shall be conducted as specified in s 2467(b).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041.5 and 3041.7, Penal Code.
HISTORY

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3041 and 5076.1, Penal Code.

1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

HISTORY
1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

2. Amendment of section and new Note filed 1-13-2000;
operative 2-12-2000 (Register 2000, No. 2).
§ 2483. Postponement Review Hearing (Section 2469).
[Repealed]

2. Amendment of subsection (b)(1) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041.5 and 3041.7, Penal Code.

3. Repealer of subsections (b)(1) and (b)(2) filed 12-22-82 by
OAL pursuant to Government Code Section 11349.7(j)
(Register 82, No. 52).

HISTORY

4. Amendment of section heading, section and Note filed 113-2000; operative 2-12-2000 (Register 2000, No. 2).
§ 2482. Prisoner Rights.

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(a) Multi-jurisdiction Prisoners Located in California. At any
pre-rescission or rescission hearing the multi-jurisdiction
prisoner located in California shall have the rights specified
in s 2465.

2. Amendment of subsection (a) filed 5-1-80; effective
thirtieth day thereafter.
3. Repealer filed 11-13-85; effective thirtieth day thereafter
(Register 85, No. 46).
§ 2484. Postponement Review Hearing: Prisoner's Rights.
[Repealed]

(b) Multi-jurisdiction Prisoners Located Outside California.
(1) Multi-jurisdiction Prisoners Receiving Telephone
Hearings. At a pre-rescission or rescission telephone hearing
the multi-jurisdiction prisoner located outside California shall
have the rights specified in s 2367, and the following rights:

HISTORY
1. Repealer filed 11-13-85; effective thirtieth day thereafter
(Register 85, No. 46).
§ 2485. Rescission Rehearing: Prisoner Rights. [Repealed]

(A) Notification of the Charges and the Supporting
Evidence. The prisoner is entitled to receive a copy of the
charges and the supporting evidence. (See s 2465(a).)

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3041.7, Penal Code.

(B) Witnesses. The prisoner shall have the right to
request the presence of witnesses. (See s 2465(c).)

HISTORY

98 

Board of Parole Hearings 

TITLE 15

1. Amendment of subsection (b)(2) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

1. Release. You will be released on parole effective
_______ for a period of _______. This parole is subject to the
following notice and conditions. Should you violate any
conditions of this parole, you are subject to arrest and the
board may modify, suspend, or revoke your parole and/or
order your return to custody. You have read or have had read
to you these conditions of parole and you fully understand
them. Whenever any problems arise or you do not understand
what is expected of you, talk to your parole agent.

2. Repealer of Section 2485 and renumbering of Section 2486
to Section 2485 filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18). For history of former section see
Register 77, No. 44.
3. Repealer filed 5-28-81; effective thirtieth day thereafter
(Register 81, No. 22).

2. Extradition. You waive extradition to the State of
California from any State or Territory of the United States, or
from the District of Columbia. You will not contest any effort
to return you to the State of California.

Chapter 5. Parole Supervision
Article 1. Length and Conditions of Parole
§ 2510. General.
The prisoner shall be informed of the length and conditions of
parole. The board shall establish and impose the special
parole conditions and the length of parole within the statutory
maximum for all life prisoners, nonlife 1168 prisoners, and
ISL prisoners released on ISL parole dates. Under guidelines
specified by the board the department shall establish and
impose the special conditions of parole and the length of
parole within the statutory maximum for all DSL prisoners
and ISL prisoners released on DSL release dates as
retroactively calculated. The department shall impose any
special conditions recommended by the board for DSL
prisoners and ISL prisoners released on DSL release dates.

3. Psychiatric Returns. If the board determines that you
suffer from a mental disorder which substantially impairs
your ability to maintain yourself in the community or which
makes you a danger to yourself or others, the board may
order your placement in a community treatment facility or
state prison, if necessary for treatment. The board may revoke
your parole and order you returned to prison for psychiatric
treatment if the necessary treatment cannot be provided in the
community.
4. Search. You and your residence and any property
under your control may be searched without a warrant at any
time by any agent of the Department of Corrections or any
law enforcement officer.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3000, 3052 and 3053, Penal Code.

5. Detainer. If another jurisdiction has lodged a
detainer against you, you may be released to the custody of
that jurisdiction. Should you be released from their custody
prior to the expiration of your California parole, or should the
detainer not be exercised, you are to immediately contact the
nearest Department of Corrections' Parole and Community
Services Division Office for instructions concerning reporting
to a parole agent.

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).
2. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
3. Amendment of section heading, section and Note filed 5-12006 as an emergency; operative 5-1-2006 (Register 2006,
No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-29-2006 or emergency language will be repealed
by operation of law on the following day.

6. Residence. The establishment and maintenance of a
residence upon release from prison is critical to the successful
reintegration of a parolee into society and is in the interest of
the public.
7. Certificate of Rehabilitation. You have been
informed and have received in writing the procedure for
obtaining a Certificate of Rehabilitation.

4. Reinstatement of section as it existed prior to 5-1-2006
emergency amendment by operation of Government Code
section 11346.1(f) (Register 2006, No. 43).
§ 2511. Notice of Parole.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3053, 3056, 3057 and 3060, Penal Code.

(a) Definition. The notice of parole is a general description of
rules and regulations governing parolees.

HISTORY

(b) Notice. The notice parole shall read as follows:

99 

TITLE 15

Board of Parole Hearings 

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(5) Weapons. You shall not own, use, have access to, or
have under your control: (a) any type of firearm or instrument
or device which a reasonable person would believe to be
capable of being used as a firearm or any ammunition which
could be used in a firearm; (b) any weapon as defined in state
or federal statutes or listed in California Penal Code Section
12020 or any instrument or device which a reasonable person
would believe to be capable of being used as a weapon; or (c)
any knife with a blade longer than two inches, except kitchen
knives which must be kept in your residence and knives
related to your employment which may be used and carried
only in connection with your employment; or (d) a crossbow
of any kind.

2. Amendment of subsection (b)3. filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).
3. Amendment of subsection (b)3. filed 10-5-89; operative
11-4-89 (Register 89, No. 41).
4. New subsection (b)6. and renumbering filed 1-16-92;
operative 2-17-92 (Register 92, No. 12).
5. Amendment of section heading, section and Note filed 5-12006 as an emergency; operative 5-1-2006 (Register 2006,
No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-29-2006 or emergency language will be repealed
by operation of law on the following day.

(6) You shall sign the parole agreement containing the
conditions of parole specified in this section and any special
conditions imposed as specified in section 2513.”

6. Reinstatement of section as it existed prior to 5-1-2006
emergency amendment by operation of Government Code
section 11346.1(f) (Register 2006, No. 43).
§ 2512. General Conditions of Parole.

Note: Authority cited: Sections 3000, 3052 and 5076.2, Penal
Code; andMorrissey v. Brewer, 408 U.S. 471 (1972).
Reference: Sections 3052, 3053, 3060.5 and 12020, Penal
Code.

(a) The parole conditions are not a contract but are the
specific rules governing all parolees whether or not the
parolee has signed the form containing the parole conditions.
A violation of any of these conditions of parole may result in
the revocation of parole and the parolee's return to prison.
The general conditions of parole shall read as follows:

HISTORY
1. Amendment filed 8-17-78; effective thirtieth day thereafter.
Filed in the week of Register 78, No. 33, this amendment is
printed in Register 78, No. 41 for technical reasons (Register
78, No. 41).

“(1) Special conditions. Any special condition imposed by
the department or the board.

2. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

(2) Release, Reporting, Residence and Travel. Unless other
arrangements are approved in writing, you will report to your
parole agent within 24 hours or the next working day if
released on the day before a holiday or weekend. Your
residence and any change of residence shall be reported to
your parole agent in advance. You will inform your parole
agent within 72 hours of any change of employment location,
employer or termination of employment.

3. Amendment filed 5-28-81; effective thirtieth day thereafter
(Register 81, No. 22).
4. Amendment filed 6-14-84; effective thirtieth day thereafter
(Register 84, No. 24).
5. Amendment filed 11-13-85;
thereafter (Register 85, No. 46).

effective

thirtieth

day

6. Amendment filed 3-11-87; effective thirtieth day thereafter
(Register 87, No. 11).

(3) Parole Agent Instructions. You shall comply with all
instructions of your parole agent and will not travel more than
50 miles from your residence without his/her prior approval.
You will not be absent from your county of residence for a
period of more than 48 hours and not leave the State of
California without prior written approval of your parole
agent.

7. Amendment of section filed 8-15-91; operative 9-16-91
(Register 91, No. 51).
8. Amendment of subsection (a)(2) filed 1-16-92; operative
2-17-92 (Register 92, No. 12).
9. Amendment of subsection (a)(4) and Note filed 9-23-96;
operative 10-23-96 (Register 96, No. 39).

(4) Criminal Conduct. You shall not engage in criminal
conduct. You shall immediately inform your parole agent if
you are arrested for a felony or misdemeanor under federal,
state, or county law.

10. Change without regulatory effect amending subsection
(a)(5) filed 5-21-2001 pursuant to section 100, title 1,
California Code of Regulations (Register 2001, No. 21).

100 

TITLE 15

Board of Parole Hearings 

11. Repealer and new section and amendment of Note filed 51-2006 as an emergency; operative 5-1-2006 (Register 2006,
No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-29-2006 or emergency language will be repealed
by operation of law on the following day.

member, nor wear or carry on your person, gang colors or
any sign, symbol, or paraphernalia associated with gang
activity.” These special conditions may be imposed if there is
a history of street gang, disruptive group, or prison gang
membership, affiliation, or association.

12. Editorial correction restoring inadvertently omitted
introductory paragraph (Register 2006, No. 36).

As used in title 15, division 2, a disruptive group is defined as
any gang other than a prison gang; a prison gang is defined as
any gang which originated and has its roots within the
department or any other prison system; and a criminal street
gang is defined as any formal or informal organization,
association, or group of three or more persons having as one
of its primary activities the commission of a criminal act
enumerated in Penal Code section 186.22(e), or planning,
organizing, threatening, financing, or soliciting such acts. A
gang is also defined as a group having a common identifying
sign or symbol, whose members individually or collectively
engage in, or have engaged in, repetitive or escalating noncriminal activities which the board determines to be a threat
to public safety.

13. Reinstatement of section as it existed prior to 5-1-2006
emergency amendment by operation of Government Code
section 11346.1(f) (Register 2006, No. 43).
§ 2513. Special Conditions of Parole.
Special conditions may be established and imposed by the
department or the board as provided in § 2510, and are in
addition to the general conditions of parole. Special
conditions include:
(a) “To participate in Psychiatric Treatment. You agree to
participate in the psychiatric treatment program approved for
you by the Parole and Community Services Division.” This
special condition shall be imposed whenever the board, or the
department psychiatric staff, have determined that treatment
is required for successful adjustment on parole.

Only those gang tattoos received prior to parole are not
considered to be a violation of this special condition.
(f) A special condition of parole which requires the parolee to
participate in a residential program shall not be imposed
without a Special Condition/Placement Hearing by the Board
conducted in accordance with due process as defined in
revocation procedures, Title 15, Division 2, Chapter 6,
Article 3.

(b) “To abstain from Alcoholic Beverages. You agree to
totally abstain from the use of any alcoholic beverages or
liquors.” This special condition shall be imposed whenever
the circumstances of the commitment offense are such that
this condition is required by the provision of Penal Code
section 3053.5. This special condition may also be imposed
whenever the board or the department determines that such a
condition is warranted by the circumstances of the case.

(1) A parolee with parole revocation charges shall have the
review for Special Condition/Placement conducted
concurrently with the Revocation Hearing.

(c) “To Participate in Anti-Narcotic Testing. You agree to
participate in anti-narcotic testing in accordance with
instructions from a parole agent.” This special condition may
be imposed if there is a documented or admitted history of
controlled substances usage.

(2) A parolee without parole revocation charges shall be
afforded appropriate notification per § 2643 prior to the
Special Condition/Placement Hearing.
(3) Waiver. A parolee may waive his right to a Board
hearing pursuant to § 2641. If the parolee waives his right to
a Board hearing, the Board, upon receipt of notification, may
impose the special condition of parole that the parolee must
participate in the residential program up to the statutory
maximum (see § 2515).

(d) “Residence. You shall maintain a residence with a street
address or a dwelling location approved in writing by the
Parole and Community Services Division.” This special
condition shall be imposed on all parolees required to register
under the provisions of Penal Code sections 290 and 457.1,
and Health and Safety Code section 11590.

(g) Other. Any other condition deemed necessary by the
Board or the Department due to unusual circumstances. This
special condition shall be imposed whenever warranted by
unusual circumstances. The reasons for its imposition shall be
sufficiently documented in the parolee's case records to
explain the need for imposition.

(e) “Gang Participation. You will not actively participate in,
promote, further or assist in any prison gang, disruptive
group, or criminal street gang activity as enumerated in Penal
Code section 186.22(e), nor violate any gang abatement
injunction, ordinance, or court order. You will not associate
with any prison gang, disruptive group, or street gang

101 

TITLE 15

Board of Parole Hearings 

§ 2513.1. Special Conditions of Parole for Sex Offenders
Undergoing Chemical Treatment.

Note: Authority cited: Sections 3052, 3068 and 5076.2, Penal
Code. Reference: Sections 186.22, 290, 457.1, 3052, 3053,
3053.2, and 3053.5, Penal Code; and Section 11590, Health
and Safety Code.

If an individual is undergoing chemical hormone treatment
pursuant to Penal Code section 645, the Board shall require,
and the Department shall institute, the following special
condition:

HISTORY
1. Amendment of section title 10-27-77 as an emergency;
effective upon filing. Certificate of Compliance included
(Register 77, No. 44).

“Sex Offender Chemical Treatment. Pursuant to court order,
you shall undergo the medroxyprogesterone acetate (or its
chemical equivalent) treatment program approved for you by
the Department.”

2. Repealer of subsection (d) and subsection relettering filed
8-15-91; operative 9-16-91 (Register 91, No. 51).

Note: Authority cited: Sections 3052 and 5076.1, Penal Code.
Reference: Section 645, Penal Code.

3. Amendment of subsection (d), and renumbering and
amendment of NOTE filed 1-16-92; operative 2-17-92
(Register 92, No. 12).

HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register
98, No. 42).
§ 2513.2. Hearings for Sex Offenders Undergoing
Chemical Treatment.

4. Amendment of subsection (d), new subsection (e),
subsection relettering, and amendment of NOTE filed 9-5-97
as an emergency; operative 9-5-97 (Register 97, No. 36). A
Certificate of Compliance must be transmitted to OAL by 15-98 or emergency language will be repealed by operation of
law on the following day.

Any sex offender convicted and sentenced under Penal Code
section 645 shall begin medroxyprogesterone acetate (or its
chemical equivalent) treatment one week prior to release
from confinement in the state prison or other institution and
shall continue treatments until the Department demonstrates
to the Board that treatment is no longer necessary.

5. Certificate of Compliance as to 9-5-97 order, including
additional amendment of subsection (a), transmitted to OAL
12-17-97 and filed 2-2-98 (Register 98, No. 6).
6. New subsections (f)-(f)(3), subsection relettering,
amendment of newly designated subsection (g), and
amendment of Note filed 2-16-99 as an emergency; operative
2-16-99 (Register 99, No. 8). A Certificate of Compliance
must be transmitted to OAL by 6-16-99 or emergency
language will be repealed by operation of law on the
following day.

(a) If the Department determines that the parolee's medical
condition requires the termination of the treatment, the
Department will immediately transmit a written notification
from a medical doctor so stating to the Chairman or the
Executive Officer of the Board. The Chairman or the
Executive Officer shall issue a temporary order to discontinue
the treatment pending a parole revocation hearing.

7. Certificate of Compliance as to 2-16-99 order transmitted
to OAL 5-17-99 and filed 6-15-99 (Register 99, No. 25).

(b) If the Department determines that treatment is no longer
necessary, the Department shall send written notification to
the Board. The Board will thereafter hold a hearing before a
commissioner or deputy commissioner to determine whether
the Department has demonstrated that treatment is no longer
necessary.

8. Change without regulatory effect amending subsection (e)
filed 6-28-2001 pursuant to section 100, title 1, California
Code of Regulations (Register 2001, No. 26).
9. Amendment of section heading, section and Note filed 5-12006 as an emergency; operative 5-1-2006 (Register 2006,
No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-29-2006 or emergency language will be repealed
by operation of law on the following day.

Note: Authority cited: Sections 3052 and 5076.1, Penal Code.
Reference: Section 645, Penal Code.
HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register
98, No. 42).
§ 2514. Waiver of Parole.

10. Editorial correction of subsection (c)(2) (Register 2006,
No. 36).
11. Reinstatement of section as it existed prior to 5-1-2006
emergency amendment by operation of Government Code
section 11346.1(f) (Register 2006, No. 43).

The board may, for good cause, waive parole and discharge
any prisoner. An 1170 prisoner or the department may

102 

TITLE 15

Board of Parole Hearings 

request waiver of parole under the procedures of Sections
2525-2526.

(c) ISL, DSL and Non-life 1168 Prisoners: Offenses On or
Before December 31, 1978. An ISL, DSL or non-life 1168
prisoner who was sentenced to prison for an offense
committed on or before December 31, 1978, is subject to a
one-year parole period, unless the board or the department
sets a shorter period of parole. The maximum period of
parole is eighteen months.

A prisoner whose parole date was set by the board and who
desires a waiver shall request a waiver of parole to the
hearing panel at the time of the board action setting or
modifying the parole date.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3000, Penal Code.

(d) Life Prisoners: Offenses After January 1, 1979. A life
prisoner who was sentenced to state prison for an offense
committed on or after January 1, 1979, is subject to a fiveyear parole period, unless the board sets a shorter period of
parole. The maximum period of parole is seven years.

HISTORY
1. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
§ 2515. Length of Parole.

(e) Life Prisoners: Offenses On or Before December 31,
1978. A life prisoner sentenced to state prison for an offense
committed on or before December 31, 1978, is subject to a
three-year parole period, unless the board sets a shorter
period of parole. The maximum period of parole is four years.

(a) General. The department shall establish the length of
parole for ISL prisoners released on retroactively calculated
DSL release dates and for DSL prisoners. The board shall
establish the length of parole for ISL prisoners released on
ISL parole dates, non-life 1168 prisoners and life prisoners.
The board may waive parole for any prisoner and may
review, upon request, the length of parole set by the
department (see s 2525-s 2526).

(f) Life Prisoners: Murder offense on or after January 1,
1983. A life prisoner who was sentenced to prison for a
murder committed on or after January 1, 1983, is subject to a
parole period of life.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000, 3000.1, 3001, 3002, Penal Code
(Stats. 1978, c. 582) and 3064, Penal Code; In re Thompson
(1980) 104 Cal.App.3d 950; In re Harper (1979) 96
Cal.App.3d 138; and In re Carr (1995) 38 Cal.App.4th 209.

The board shall discharge a prisoner who has a three-year
period of parole within 30 days following one year on
continuous parole, unless the board finds good cause to retain
the parolee on parole. The board shall discharge a parolee
who has a five-year period of parole within 30 days following
three years on continuous parole, unless the board finds good
cause to retain the parolee on parole. A parolee has been on
continuous parole if he/she has not absconded parole
supervision or had parole revoked since initial release on
parole. Any time during which the parolee has absconded
from supervision while on parole or during a period of
revocation shall not be credited to the period of parole.

HISTORY
1. Amendment filed 12-29-78 as an emergency; effective
upon filing (Register 78, No. 52).
2. Certificate of Non-compliance reinstating section as it
existed prior to emergency amendment transmitted to OAH
3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Amendment filed 3-15-79 as an emergency; effective upon
filing (Register 79, No. 11).

The parole period may be extended pursuant to revocation
proceedings. The parole period shall be extended for an
amount of time equal to that ordered as the revocation period.
The extension of the period of parole pursuant to revocation
shall not exceed the maximum period of parole.

4. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).
5. Amendment of subsections (b) and (c) and new subsections
(d), (e) and (f) filed 6-1-79 as an emergency; effective upon
filing (Register 79, No. 22).

(b) DSL and Non-life 1168 Prisoners: Offenses After January
1, 1979. A DSL or non-life 1168 prisoner who was sentenced
to state prison for an offense committed on or after January 1,
1979, is subject to a three-year parole period, unless the board
or the department sets a shorter period of parole. The
maximum period of parole is four years.

6. Certificate of Compliance filed 9-26-79 (Register 79, No.
39).
7. Amendment of subsection (a) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).

103 

TITLE 15

Board of Parole Hearings 

8. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

9. New subsection (f) filed 1-20-88; operative 2-19-88
(Register 88, No. 5).

Article 3. Discharge

10. Amendment of subsections (a)-(c) and amendment of
Note filed 10-22-98 as an emergency; operative 10-22-98
(Register 98, No. 43). A Certificate of Compliance must be
transmitted to OAL by 2-19-99 or emergency language will
be repealed by operation of law on the following day.

§ 2535. Discharge Review.
(a) General. At the discharge review the Board shall consider
the parolee's adjustment in prison and on parole and any other
information relevant to determining whether the parolee
should be discharged or retained under parole supervision.

11. Certificate of Compliance as to 10-22-98 order
transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99,
No. 7).

(b) Scheduling.
(1) Three-Year Parolees. The review for those parolees who
are subject to a three-year parole period as provided in s
2515(b) shall be performed during the thirteenth month of
continuous parole, except for those who were committed for
violent felonies as listed in Penal Code section 667.5(c), in
which case the review shall be performed during the twentyfifth month of continuous parole.

Article 2. Reconsideration of Length and Conditions
of Parole
§ 2525. General.
For prisoners whose length and conditions of parole were
imposed by the board, reconsideration of the length and
conditions as originally imposed or later modified shall be by
appeal as provided in Sections 2050-2056. For prisoners
whose length and conditions of parole were imposed by the
department, reconsideration of the length and conditions as
originally imposed or later modified shall be as provided in
this article.

(2) Five-Year Parolees. This review shall be performed
during the 37th month of continuous parole for parolees
subject to a five-year parole period as provided in Section
2515(d).
(3) Life Parolees. This review shall be performed during
the 85th month of continuous parole for first degree murder
parolees and during the 61st month of continuous parole for
second degree murder parolees.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3000 and 5077, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(4) Continuous Parole. A parolee has been on continuous
parole if the parolee has not absconded parole supervision or
had parole revoked since initial release on parole. A parolee
has not been on continuous parole if he/she has been ordered
returned to custody for psychiatric attention. A return to
custody period for psychiatric attention which is added to the
parole period shall change the parolee's discharge review
date, but shall not affect the parolee's controlling discharge
date.

2. Repealer of Article 2 (Sections 2525-2528) and new
Article 2 (Sections 2525-2526) filed 6-11-79; effective
thirtieth day thereafter (Register 79, No. 24).
§ 2526. Procedure.
Prisoners whose length and conditions of parole were
established by the department shall first appeal through
department appeal procedures (Title 15, California
Administrative Code, Section 3003). When the department
appeal is final, the prisoner may request board review by
following the procedures in Sections 2050-2056.

(5) One- and Three-Year Parolees. Parolees who were
sentenced to prison for offenses committed on or after July 1,
1977, but on or before December 31, 1978, shall not be
scheduled for discharge review hearings. These parolees will
discharge after one or three years on parole or at the
expiration of the maximum period of parole (see s 2515(c)
and (e)).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3000 and 5077, Penal Code.
§ 2528. Right of Appeal.

(c) Prisoner Rights. The prisoner does not have a right to a
personal appearance during the review. The parolee shall
receive a copy of the board's decision, including the reasons

A prisoner or parolee objecting to the decision after
reconsideration may appeal the decision under the procedures
of Section 2050-2057.

104 

TITLE 15

Board of Parole Hearings 

for a decision not to discharge the parolee. The parolee may
appeal a refusal to discharge as provided in s 2050-s 2056.

3. Repealer of Article 3 (Sections 2535-2536) and new
Article 3 (Sections 2535-2536) filed 3-15-79 as an
emergency; effective upon filing (Register 79, No. 11).

If the Board does not discharge the parolee, the Board shall
review the case annually thereafter until discharge.
Subsequent reviews shall be performed as provided in this
section.

4. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).
5. Amendment of subsection (c) filed 6-1-79 as an
emergency; effective upon filing (Register 79, No. 22).

(d) Criteria. Factors tending to indicate there is good cause to
retain a parolee on parole include:

6. Certificate of Compliance filed 9-26-79 (Register 79, No.
39).

(1) Commitment Offense. The parolee was committed to
prison for several offenses, for an offense involving weapons
or great bodily harm, for an offense which was part of large
scale criminal activity or for an offense which caused
considerable concern in the local community.

7. Amendment of subsection (d) filed 12-28-79 as procedural
and organizational; designated effective 1-1-80 (Register 79,
No. 52).
8. Repealer of subsection (b) and relettering of subsections
(c)-(e) to subsections (b)-(d) filed 12-22-82 by OAL pursuant
to Government Code Section 11349.7(j) (Register 82, No.
52).

(2) Institutional Adjustment. While in prison the parolee
was involved in serious gang activities or in general acts of
violence.
(3) Parole Adjustment. While on parole the parolee has
been involved in criminal activity even if that activity did not
result in revocation of parole, has been using drugs, has been
involved in gang activities, is currently undergoing criminal
prosecution or is being investigated for possible prosecution.
For parolees whose commitment offense is described in Penal
Code section 1192.7(c), engaging in any criminal conduct or
other conduct described in s 2616(a) or (b) at any time while
on parole shall be deemed good cause to retain that parolee
on parole. For any parolee, engaging in any conduct
described in s 2616(a) at any time while on parole shall be
deemed good cause to retain the parolee on parole.

9. Amendment of subsection (b) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

(4) Placement Returns. The parolee has been returned to
custody for controlled substance or psychiatric treatment.

13. Certificate of Compliance as to 10-22-98 order
transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99,
No. 7).
§ 2536. Early Discharge.

10. Amendment of subsection (b) filed 1-20-88; operative 219-88 (Register 88, No. 5).
11. Amendment of subsections (b)(1) and (d)(3) and Note
filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
12. Amendment of section and Note filed 10-22-98 as an
emergency; operative 10-22-98 (Register 98, No. 43). A
Certificate of Compliance must be transmitted to OAL by 219-99 or emergency language will be repealed by operation
of law on the following day.

(5) Supervision Needed. The parolee is in special need of
continued supervision for the safety of the parolee or of the
public.

A prisoner or parolee may request a period of parole shorter
than the period of parole specified ins 2515. If the board sets
the length of parole, the prisoner or parolee may request a
shorter period of parole at a parole consideration or
revocation hearing. If the department sets the length of
parole, the prisoner or parolee may request a shorter period of
parole from the department and may request subsequent
review by the board (see Sections 2525-2526). The board
may grant an early discharge upon its own motion.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000.1, 3001, Penal Code (Stats. 1978, c.
582 and Stats. 1982, c. 1406); In re Carr (1995) 38
Cal.App.4th 209.
HISTORY
1. Repealer of Article 3 (Sections 2535-2536) and new
Article 3 (Sections 2535-2537) filed 12-29-78 as an
emergency; effective upon filing (Register 78, No. 52). For
prior history, see Registers 78, No. 14 and 77, No. 44.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3000, Penal Code (Stats. 1978, c. 582).

2. Certificate of Non-compliance reinstating Article 3 as it
existed prior to emergency repealer transmitted to AH 3-1479 and filed 3-20-79 (Register 79, No. 11).

HISTORY

105 

TITLE 15

Board of Parole Hearings 

1. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).
§ 2546. Reconsideration of Length and Conditions of
Parole.

2. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
§ 2536.1. Review of Parole Discharge Recommendation
After 180 Days of Parole Supervision. [Repealed]

(a) Board Established Length and Conditions of Parole. For
multijurisdiction prisoners and multijurisdiction parolees
whose length and conditions of parole were set by the board,
reconsideration shall be by appeal as provided in Sections
2073-2075. For multijurisdiction prisoners who are released
to supervision in a California community, reconsideration
shall be by appeal as provided in Sections 2050-2056.

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076, Penal Code. Reference: Section
3000, Penal Code
HISTORY
1. New section filed 10-9-2007 as an emergency; operative
10-9-2007 (Register 2007, No. 41). A Certificate of
Compliance must be transmitted to OAL by 4-7-2008 or
emergency language will be repealed by operation of law on
the following day.

(b) Department Established Length and Conditions of Parole.
Multijurisdiction prisoners and parolees whose length and
conditions of parole were set by the department must first
appeal the department's decision through the department
appeal process (See Title 15, California Administrative Code,
Section 3003). The board will not consider the request until
the department appeal is final. When the department appeal is
final the prisoner may request board reconsideration of the
department established length and conditions of parole. For
multijurisdiction prisoners who are released to supervision in
California community, board reconsideration of a department
set length and conditions of parole shall be as specified in
Sections 2525-2526.

2. New section refiled 3-27-2008 as an emergency; operative
3-27-2008 (Register 2008, No. 13). A Certificate of
Compliance must be transmitted to OAL by 6-25-2008 or
emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation of Government Code section
11346.1(g) (Register 2008, No. 39).
§ 2537. Statutory Discharge.
If a parolee has not been discharged under Section 2535 or
2536, the parolee shall discharge after serving the maximum
period of parole specified in Section 2515.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5077, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3000, Penal Code.

HISTORY
1. Amendment of subsection (a) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

HISTORY
1. New section filed 10-25-79; effective thirtieth day
thereafter (Register 79, No. 43).

2. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
§ 2547. Filing the Request for Reconsideration.

Article 4. Multijurisdictional Regulations
§ 2545. Conditions of Parole.
(a) Concurrent Parolees. All concurrent an California
concurrent parolees may also have parole conditions
established by the authorities of the incarcerating
jurisdictions in addition to the California Notice and
Conditions. Only the authorities of the incarcerating
jurisdiction can modify the parole conditions they have
established for concurrent and California concurrent parolees.

The multijurisdiction prisoner or parolee must file the request
for reconsideration within 30 days of notice of the
department's final decision. The request shall be prepared as
specified in Section 2526.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5077, Penal Code.

(b) Cooperative Parolees. Cooperative parolees shall be
supervised in the receiving state by the authorities of the
receiving state according to the same standards which prevail
for its own parolees.

HISTORY

106 

TITLE 15

Board of Parole Hearings 

1. Amendment filed 12-28-79 as procedural and
organizational; designated effective 1-1-80 (Register 79, No.
52).
§ 2548. Submitting the Request.

a trial court, he or she has been in remission and he or she has
been physically violent, except in self-defense, or he or she
has made a serious threat of substantial physical harm upon
the person of another so as to cause the target of the threat to
reasonably fear for his or her safety or the safety of his or her
immediate family, or he or she has intentionally caused
property damage, or he or she has not voluntarily followed
the treatment plan. In determining if a person has voluntarily
followed the treatment plan, the standard shall be whether the
person has acted as a reasonable person would in following
the treatment plan.

The multijurisdiction prisoner or parolee shall submit the
request to the person responsible for the prisoner's or
parolee's first level of appeal as provided ins 2074.
Department staff shall log the appropriate information when
the request is received. This information shall include the
name and number of the person filing the request, the date the
request was received, and the date the request was forwarded
to the board.
§ 2549. Right to Appeal.

(i) Serious Bodily Injury: “Serious Bodily Injury” means a
serious impairment of physical condition, including, but not
limited to, the following: loss of consciousness; concussions;
bone fracture; protracted loss or impairment of functions of
any bodily member or organ; a wound requiring extensive
suturing; and serious disfigurement.

A multijurisdiction prisoner or parolee objecting to the
decision on reconsideration may appeal the decision as
provided in Sections 2074-2075.

Article 5. Mentally Disordered Offender
Certification and Hearing Procedures

(j) Severe Mental Disorder: An illness or disease or condition
which substantially impairs the person's thought, perception
of reality, emotional process, or judgment; or which grossly
impairs behavior; or which demonstrates evidence of an acute
brain syndrome for which prompt remission in the absence of
treatment is unlikely.

§ 2570. Terminology.
For the purposes of this article the following terms mean:
(a) Certification Hearing: A hearing conducted by the board
for the purpose of determining whether or not a prisoner
meets the criteria to be treated as a mentally disordered
offender pursuant to Penal Code section 2962.

“Severe Mental Disorder” does not include a personality or
adjustment disorder, epilepsy, mental retardation orother
developmental disabilities, or addiction to or abuse of
intoxicating substances.

(b) Independent Professional: Psychiatrists and Licensed
Psychologists with a doctoral degree in psychology on lists
submitted to the board by Department of Corrections and the
State Department of Mental Health.

(d) Mentally Disordered Offender: A prisoner who meets the
criteria for mental health treatment as a condition of parole
pursuant to Penal Code section 2962.

(k) Annual Review Hearing. An annual hearing conducted by
the board if the parolee is retained on parole under the
provisions of Penal Code section 3001 to determine whether
the parolee continues to meet the criteria set forth in Penal
Code section 2962; and if the parolee is still an inpatient,
whether he or she shall be treated as an inpatient or
outpatient.

(e) Placement Hearing: A hearing conducted by the board to
determine whether a prisoner shall be treated as an inpatient
or an outpatient.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 243, 2962, 2964, 2966, 2978(a) and
3001, Penal Code.

(f) Outpatient Treatment: Mental health treatment provided
by a local outpatient program specified by the State
Department of Mental Health.

HISTORY

(c) Inpatient Treatment: Mental health treatment provided in
a secure facility of the State Department of Mental Health.

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(g) Remission: A finding that the overt signs and symptoms
of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

(h) “Cannot Be Kept in Remission Without Treatment”: A
person “cannot be kept in remission without treatment” if
during the year prior to the question being before the board or

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

107 

TITLE 15

Board of Parole Hearings 

4. New subsection (k) and amendments to reference citation
filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§ 2571. Criteria for Certification as Mentally Disordered
Offender.

of treating the prisoner and a practicing psychiatrist or
psychologist from the Department of Mental Health shall
evaluate the prisoner at a facility of the Department of
Corrections, and a Chief Psychiatrist of the Department of
Corrections shall certify to the board that the prisoner has a
severe mental disorder, that the disorder is not in remission,
or cannot be kept in remission without treatment, that the
severe mental disorder was one of the causes or was an
aggravating factor in the prisoner's criminal behavior, that the
prisoner has been in treatment for the severe mental disorder
for 90 days or more within the year prior to his or her parole
release day, and that the prisoner used force or violence or
caused serious bodily injury in committing the crime referred
to in section 2571, the crime occurred on or after January 1,
1986, and that by reason of his or her severe mental disorder,
the prisoner represents a substantial danger of physical harm
to others.

As a condition of parole, a prisoner who meets the following
specified criteria shall be required to be treated by the State
Department of Mental Health and the State Department of
Mental Health shall provide the necessary treatment:
(a) The prisoner has a severe mental disorder.
(b) The mental disorder is not in remission, or cannot be kept
in remission without treatment.
(c) The severe mental disorder was one of the causes of or
was an aggravating factor in the commission of a crime for
which the prisoner was sentenced to prison.
(d) The crime referred to in section 2571, subdivision (c), for
which the prisoner was sentenced to prison, must have been a
crime in which the prisoner used force or violence, or caused
serious bodily injury, and must have occurred on or after
January 1, 1986.

(b) The certification shall contain a clear statement that the
prisoner does or does not meet the criteria of Penal Code
section 2962 and all supporting documentation leading to the
conclusion shall be attached.

(e) The prisoner has been in treatment for the severe mental
disorder for ninety (90) days or more within the year prior to
the prisoner's parole or release.

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(c) The certification evaluations shall be conducted at a
facility of the Department of Corrections or the State
Department of Mental Health by the person in charge of
treating the prisoner and a practicing psychiatrist or
psychologist from the State Department of Mental Health or
Department of Corrections. A Chief Psychiatrist of the
Department of Corrections will complete the certification.
For prisoners being treated by the State Department of
Mental Health pursuant to Penal Code section 2684, the
certification shall be by a Chief Psychiatrist of the
Department of Corrections, and the evaluations shall be done
at a state hospital by the person in charge of treating the
prisoner and a practicing psychiatrist or psychologist from the
Department of Corrections.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2962 and 2980, Penal Code.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

HISTORY

(f) The prisoner represents a substantial danger of physical
harm to others by reason of his or her severe mental disorder.
Substantial danger of physical harm does not require proof of
a recent overt act.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2962 and 2980, Penal Code.
HISTORY

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

4. Amendment of subsections (e) and new subsection (f) and
amendments to reference citations filed 2-4-91; operative 36-91 (Register 91, No. 11).
§ 2572. Certification.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

(a) Prior to release on parole, or imposition of a special
condition of mental health treatment under the provisions of
Penal Code sections 2960 through 2980, the person in charge

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

108 

TITLE 15

Board of Parole Hearings 

4. Amendment of subsections (a) and reference citations filed
2-4-91; operative 3-6-91 (Register 91, No. 11).
§ 2573. Board of Prison Terms' Review of Certifications.

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(a) The board's Central Office Calendar Deputy
Commissioner shall review the Department of Corrections'
certification to the board to ascertain if the psychiatrists or
psychologists conducting the evaluation did or did not concur
that:

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

(1) The prisoner has a severe mental disorder; or

4. Amendment to reference citations filed 2-4-91; operative
3-6-91 (Register 91, No. 11).
§ 2574. Notification to Prisoner/Parolee.

(2) The disorder is not in remission or cannot be kept in
remission without treatment; or
(3) That the severe mental disorder was a cause of, or
aggravated the prisoner's criminal behavior.

Upon receipt of the board's certification review action by the
Classification and Parole Representative, the Department of
Corrections staff shall inform the prisoner of the decision. If
treatment has been ordered as a condition of parole pursuant
to Penal Code section 2962, the prisoner shall be served with
conditions of parole which will reflect the special condition
of treatment in addition to any others, be informed in writing
of the right to request a hearing, and that he/she has the right
to request an evaluation by two independent professionals
from the approved lists provided by the State Department of
Mental Health and the Department of Corrections. If
applicable, the prisoner shall also be processed for transfer to
a designated State Department of Mental Health facility.

The Deputy Commissioner shall also review the supporting
documents to ascertain whether or not the conclusions are
supported by the facts contained in the supporting documents.
(b) If it is ascertained that there was a difference of opinion
concerning any of the above, the board shall appoint two (2)
independent psychiatrists or licensed psychologists from the
approved lists, provided by the State Department of Mental
Health and the Department of Corrections to evaluate the
prisoner to determine if he or she meets the criteria of Penal
Code section 2962. Only if both independent professionals
concur with the chief psychiatrist's certification, shall the
provisions of Penal Code section 2962 be applicable to the
prisoner.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 2966, Penal Code.
HISTORY

Prior to release on parole, the board's Central Office Calendar
shall review the certification to determine if the prisoner
meets the criteria required for treatment as a mentally
disordered offender.

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(c) If the board finds that the criteria of Penal Code section
2962 are met it shall order the prisoner's treatment by the
State Department of Mental Health as a condition of parole.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

(d) The board shall notify the appropriate Department of
Corrections Classification and Parole Representative prior to
the prisoner's release date that either:

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).
4. Amendment to reference citations filed 2-4-91; operative
3-6-91 (Register 91, No. 11).
§ 2575. Prisoner's Options Following Notification of
Special Condition of Parole.

(1) It has ordered the prisoner be treated by the Department
of Mental Health pursuant to Penal Code section 2962, or
(2) It does not find that the criteria of Penal Code section
2962 are met and the Department of Corrections is to proceed
with normal parole procedures.

Upon notification of the board ordered special condition of
parole of treatment pursuant to Penal Code section 2962, the
prisoner has the following options:

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2962 and 2978, Penal Code.

(a) Sign the special condition of parole imposed pursuant to
Penal Code section 2962 and be transferred to a State
Department of Mental Health facility.

HISTORY

109 

TITLE 15

Board of Parole Hearings 

(b) Refuse to sign the special condition of parole imposed
pursuant to Penal Code section 2962 and be scheduled for a
parole revocation hearing with counsel pursuant to Penal
Code section 3060.5.

(7) Written Decision. The prisoner and his or her attorney
shall receive a copy of the decision specifying the decision,
the information considered, and the reasons for the decision.
(8) A prisoner may appeal a certification hearing decision
pursuant to § 2050.

(c) Sign the special condition of parole imposed pursuant to
Penal Code section 2962 and request a certification hearing
before the board.

(9) The hearing shall be conducted by one Deputy
Commissioner.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2962 and 3060.5, Penal Code.

(10) The prisoner shall be informed at the hearing of his or
her right to request a trial on whether he or she meets the
criteria of Penal Code section 2962.

HISTORY
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(11) The board shall provide a prisoner who requests a trial
a petition form and instructions for filing the petition.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

HISTORY

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2966 and 2978, Penal Code.
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).
4. Amendment of subsection (a) and reference citation filed
2-4-91; operative 3-6-91 (Register 91, No. 11).
§ 2576. Certification Hearing.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

(a) The purpose of a certification hearing is to determine
whether or not the prisoner/parolee, in fact, meets the criteria
required for treatment by the State Department of Mental
Health as a condition of parole as set forth in Penal Code
section 2962.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

(b) (1) The standard of proof used by the board at this hearing
shall be a preponderance of evidence standard.

5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 624-2003 as an emergency; operative 7-1-2003 (Register 2003,
No. 26). A Certificate of Compliance must be transmitted to
OAL by 10-29-2003 or emergency language will be repealed
by operation of law on the following day.

4. Amendment of subsection (b)(5) and reference citation,
and new subsection (b)(11) filed 2-4-91; operative 3-6-91
(Register 91, No. 11).

(2) The burden of proof to establish that the prisoner meets
the criteria set forth in Penal Code section 2962 shall be on
the person or agency that so certified.
(3) The prisoner/parolee shall have the rights specified in
§§ 2245-2256.

6. Certificate of Compliance as to 7-1-2003 order transmitted
to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No.
45).
§ 2577. Mental Health Treatment Program.

(4) An attorney shall be appointed or retained to represent
the prisoner or parolee. Attorney waivers will not be
accepted.

(a) The mental health treatment required as a condition of
parole by the board shall be inpatient unless the State
Department of Mental Health certifies to the board that there
is reasonable cause to believe the parolee can be safely and
effectively treated on an outpatient basis, in which case the
board shall permit the State Department of Mental Health to
place the parolee in an outpatient program specified by the
State Department of Mental Health.

(5) The prisoner shall be informed that he/she has the right
to request an evaluation by two independent professionals
from the approved list provided by the State Department of
Mental Health and the Department of Corrections. If the
prisoner or any person appearing on his or her behalf at the
hearing requests it, the board shall appoint two independent
professionals as defined in Penal Code section 2978.
(6) The record of the hearing shall be a tape recording.

110 

TITLE 15

Board of Parole Hearings 

(b) Before deciding to seek revocation of the parole of a
parolee receiving mental health treatment pursuant to Penal
Code section 2962, and returning the parolee to prison, the
parole agent shall consult with the Director of the parolee's
outpatient program.

(7) Written Decision -The parolee and his attorney shall
receive a copy of the decision specifying the decision, the
information considered and the reasons for the decision.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 2964, Penal Code.

(9) The hearing shall be conducted by one Deputy
Commissioner.

HISTORY

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 2964, Penal Code.

(8) A parolee may appeal a placement hearing decision
pursuant to § 2050.

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

HISTORY

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

4. Amendment to reference citation filed 2-4-91; operative 36-91 (Register 91, No. 11).
§ 2578. Placement Hearings.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).
4. Amendment of subsection (b)(4) and reference citation
filed 2-4-91; operative 3-6-91 (Register 91, No. 11).

(a) If the State Department of Mental Health has not placed a
parolee on outpatient treatment within sixty (60) days after
receiving custody of the parolee or after parole is continued
pursuant to Penal Code section 3001, the parolee may request
a hearing before the board to determine whether he or she
shall be treated as an inpatient or an outpatient.

5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 624-2003 as an emergency; operative 7-1-2003 (Register 2003,
No. 26). A Certificate of Compliance must be transmitted to
OAL by 10-29-2003 or emergency language will be repealed
by operation of law on the following day.

(b)(1) The standard of proof used at this hearing shall be a
preponderance of the evidence standard.

6. Certificate of Compliance as to 7-1-2003 order transmitted
to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No.
45).
§ 2579. Parole Violations.

(2) The burden of proof shall be on the State Department of
Mental Health to establish that the prisoner requires inpatient
treatment.

Certification for mental health treatment pursuant to Penal
Code section 2962 does not eliminate the requirement that
P&CSD shall report behavior to the board as specified in
section 2616(a), or violation of the board imposed special
conditions of parole. This policy applies to parolees on
inpatient or outpatient status.

(3) The prisoner/parolee shall have the rights specified in
§§ 2245-2256.
(4) An attorney shall be appointed or retained to represent
the prisoner or parolee. Attorney waivers will not be
accepted.
(5) Parolees shall be informed that they have a right to
request evaluations by two (2) independent professionals
from the approved list provided by the Department of
Corrections and the State Department of Mental Health. If the
prisoner or any person appearing on his or her behalf at the
hearing requests it, the board shall appoint two independent
professionals as defined in Penal Code section 2978.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 2962, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(6) The record of the hearing shall be a tape recording.

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

111 

TITLE 15

Board of Parole Hearings 

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

(9) The hearing shall be conducted by one Deputy
Commissioner.

4. Amendment of reference citation filed 2-4-91; operative 36-91 (Register 91, No. 11).
§ 2580. Discharge Review and Annual Review Hearings.

(10) The parolee shall be informed at the hearing of his or
her right to request a trial under the provisions of law.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2962, 2964, 2966, 2978 and 2980, Penal
Code.

(a) If the P&CSD at the time of the review required by §
2535 recommends that the parolee be retained on parole and
to reaffirm the special condition of treatment by the State
Department of Mental Health, and the decision of central
office calendar is to retain and reaffirm, the parolee is entitled
to an Annual Review Hearing conducted under the provisions
of subdivision (b) of this section.

HISTORY
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days of emergency
language will be repealed on 4-6-88.

(b) The purpose of the hearing is to determine whether:

2. Emergency language filed 12-7-87 repealed by operation
of Government Code section 11346.1 (Register 88, No. 42).

(1) The parolee has a severe mental disorder. The parolee's
severe mental disorder is not in remission or cannot be kept
in remission without treatment.

3. New section filed 10-6-88; operative 10-6-88 (Register 88,
No. 42).

(2) The crime occurred on or after January 1, 1986.

4. Amendment of subsections (b) and (c) and reference
citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).

(3) The prisoner represents a substantial danger of physical
harm to others by reason of his or her severe mental disorder.

5. Amendment of subsections (a), (b)(1), (b)(3), (b)(8) and
(b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003
(Register 2003, No. 26). A Certificate of Compliance must be
transmitted to OAL by 10-29-2003 or emergency language
will be repealed by operation of law on the following day.

(4) The parolee can be safely and effectively treated on an
outpatient basis if the parolee is still being treated as an
inpatient.
(c)(1) The standard of proof used by the board at this hearing
shall be a preponderance of the evidence standard.

6. Certificate of Compliance as to 7-1-2003 order transmitted
to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No.
45).

(2) The burden of proof shall be on the State Department of
Mental Health to establish that the parolee is not in remission
or cannot be kept in remission without treatment and requires
further treatment.

Chapter 6. Parole Revocation
Article 1. Parole Hold Policy

(3) The parolee shall have the rights specified in §§ 22452256.

§ 2600. General. [Repealed]
Note: Authority cited: Section 3052, Penal Code. Reference:
Sections 3000(b)(7) and 3060, Penal Code.

(4) An attorney shall be appointed or retained to represent
the parolee. Attorney waiver will not be accepted.

HISTORY

(5) The record of the hearing shall be a tape recording.

1. New final paragraph and Note filed 9-23-96; operative 1023-96 (Register 96, No. 39).

(6) Parolees shall be informed that they have a right to
request evaluation by two (2) independent professionals from
the approved list provided by the Department of Corrections
and State Department of Mental Health. If the prisoner or any
person appearing on his or her behalf at the hearing requests
it, the board shall appoint two independent professionals as
defined in Penal Code section 2978.

2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2600.1. Sexually Violent Predator Screening, Holds, and
Board Determinations.
(a) Upon notification from the Division of Adult Institutions,
Department of Mental Health, or Board of Parole Hearings
(board) staff that either an inmate or parolee in revoked status
may or does require a full evaluation pursuant to subdivisions
(c) through (i) inclusive of Welfare and Institutions Code

(7) The parolee and attorney shall receive a copy of the
decision specifying the decision, the information considered,
and the reasons for the decision.
(8) A parolee may appeal the decision pursuant to § 2050.

112 

TITLE 15

Board of Parole Hearings 

section 6601 to determine whether that person may be subject
to commitment as a sexually violent predator, the board may
order imposition of a temporary hold on the person for up to
three (3) working days beyond their scheduled release date
pending a good cause determination by the board pursuant to
section 6601.3 of the Welfare and Institutions Code where
exceptional circumstances preclude an earlier evaluation by
the person pursuant to section 6601 of the Welfare and
Institutions Code.

offense described in this subdivision, shall also be deemed to
be a sexually violent offense, even if the offender did not
receive a determinate sentence for that prior offense.
(2) Some evidence that the person is likely to engage in
sexually violent predatory criminal behavior.
(e) Holds imposed under this section shall start the day
following the scheduled release date of the inmate or parolee
in revoked status and will terminate no later than the 45th day
following the scheduled release date. Holds shall terminate
sooner if the person is not referred to the Department of
Mental Heath as a result of the screening process or upon a
determination by the Department of Mental Health that the
person is not a sexually violent predator or upon superior
court decisions pursuant to Welfare and Institutions Code
sections 6601.5 or 6602.

(b) Staff shall document that either inmates or parolees in
revoked status subject to the temporary hold in subdivision
(a) of this section either have been screened or are in the
process of being screened as a person likely to be a sexually
violent predator pursuant to Welfare and Institutions Code
section 6601(b). The good cause determination by the board
pursuant to subdivisions (c) and (d) of this section must occur
within the time period of the temporary hold.
(c) Board determinations pursuant to Welfare and Institutions
Code section 6601.3 shall be conducted by one commissioner
or one deputy commissioner.

(f) The parole period of any person found to be a sexually
violent predator shall be tolled until that person is found no
longer to be a sexually violent predator, at which time the
period of parole or any remaining portion thereof shall begin
to run.

(d) For purposes of this section, good cause to place a 45-day
hold pursuant to Welfare and Institutions Code section
6601.3 exists when either the inmate or parolee in revoked
status is found to meet all the following criteria:

Note: Authority cited: Section 12838.4, Government Code;
and Sections 3052 and 5076.2 Penal Code. Reference:
Sections 6600, 6600.1, 6601 and 6601.3, Welfare and
Institutions Code; and Section 3000, Penal Code.

(1) Some evidence that the person committed a sexually
violent offense by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or
another person, or threatening to retaliate in the future against
the victim or any other person on, before, or after January 1,
1996, which resulted in a conviction or a finding of not guilty
by reason of insanity of one or more felony violations of the
following Penal Code Sections: 261, 262, 264.1, 269, 286,
288, 288(a), 288.5, 289 or any felony violation of sections
207, 209 or 220, committed with the intent to commit a
violation of sections 261, 262, 264.1, 286, 288, 288a, or 289.
The preceding felony violations must be against one or more
victims.

HISTORY
1. New section filed 12-26-95 as an emergency; operative 11-96 (Register 95, No. 52). A Certificate of Compliance must
be transmitted to OAL by 4-30-96 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-26-95 order transmitted
to OAL 4-24-96 and filed 6-6-96 (Register 96, No. 23).
3. Amendment of subsections (b)-(c)(3) and (e), new
subsection (f) and amendment of N ote filed 1-24-97 as an
emergency; operative 1-24-97 (Register 97, No. 4). A
Certificate of Compliance must be transmitted to OAL by 526-97 or emergency language will be repealed by operation
of law on the following day.

If the victim of one of the felony violations listed above is a
child under 14, then it is considered a sexually violent
offense.

4. Certificate of Compliance as to 1-24-97 order, including
further amendment of subsection (c)(1), transmitted to OAL
4-11-97 and filed 5-15-97 (Register 97, No. 20).

A prior finding of not guilty by reason of insanity for an
offense described in this subdivision, a conviction prior to
July 1, 1977 for an offense described in this subdivision, a
conviction resulting in a finding that the person was a
mentally disordered sex offender, or a conviction in another
state for an offense that includes all of the elements of an

5. Amendment of section heading, section and Note filed 418-2007 as an emergency; operative 4-18-2007 (Register
2007, No. 16). A Certificate of Compliance must be
transmitted to OAL by 10-15-2007 or emergency language
will be repealed by operation of law on the following day.

113 

TITLE 15

Board of Parole Hearings 

6. Certificate of Compliance as to 4-18-2007 order, including
amendment of subsections (d) and (d)(1), transmitted to OAL
10-15-2007 and filed 11-29-2007 (Register 2007, No. 48).
§ 2601. Criteria for Placement of a Parole Hold.

(h) Record of escapes from custody or absconding from
parole, probation or bail.

(a) A parolee suspected of a parole violation may be detained
by a parole hold for any of the following reasons:

(k) Residential pattern.

(i) Nomadic geographical pattern of prior arrests.
(j) Employment history and stability.
(l) Nature of family and community relationships.

(1) He is a danger to himself.

(m) Necessary psychiatric treatment cannot be obtained in the
community.

(2) He is a danger to the person or property of another.
(3) He may abscond.

(n) Conduct indicating that the parolee's mental condition has
deteriorated such that the parolee is likely to engage in future
criminal behavior.

(b) In addition, a parole hold may be placed where the
parolee is alleged to be a person described in Section
2616(a)(14).
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3056, Penal Code.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code;
and Terhune v. Superior Court (Whitley), 65 Cal.App.4th
864. Reference: Section 3056, Penal Code.

HISTORY

HISTORY

1. Amendment of section title filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

1. Amendment of subsection (a) and new subsection (m) filed
10-5-89; operative 11-4-89 (Register 89, No. 41).
2. New subsection (n) and amendment of Note filed 8-26-98
as an emergency; operative 8-26-98 (Register 98, No. 35). A
Certificate of Compliance must be transmitted to OAL by 1224-98 or emergency language will be repealed by operation
of law on the following day.

2. Amendment filed 10-5-89; operative 11-4-89 (Register 89,
No. 41).
3. Change without regulatory effect amending subsection (b)
filed 5-8-2001 pursuant to section 100, title 1, California
Code of Regulations (Register 2001, No. 19).
§ 2602. Factors Considered.

3. Certificate of Compliance as to 8-26-98 order transmitted
to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).
§ 2603. Review of a Parole Hold. [Repealed]

Examples of factors to be considered in deciding whether to
place a parole hold include:

HISTORY

(a) The emotional or mental health of the parolee resulting in
the parolee being a danger to self or others, or being unable to
adequately take care of himself or herself.

1. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2604. Reasons for Parole Hold. [Repealed]

(b) The presence of drug or alcohol abuse. If drug or alcohol
abuse is the only factor warranting a parole hold, the parolee
should be placed in jail on a parole hold only when there is
no suitable alternative available, such as a hospital or
detoxification center with adequate security.

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(c) The seriousness of the alleged parole violation.

2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2605. Transfer to Prison. [Repealed]

(d) Prior instances of assaultive behavior when the present
violation relates to danger to others.
(e) Involvement in the transportation, sale, or distribution of
narcotics or dangerous restricted drugs.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3056, Penal Code.

(f) Present threats of violence.
(g) Repeated unlawful conduct during the parolee's current
parole in contrast to a “one-time” incident.

HISTORY
1. New subsection (c) filed 10-5-89; operative 11-4-89
(Register 89, No. 41).

114 

TITLE 15

Board of Parole Hearings 

2. Change without regulatory effect amending subsection (c)
filed 5-8-2001 pursuant to section 100, title 1, California
Code of Regulations (Register 2001, No. 19).

3. New subsection (a)(8) filed 12-28-79 as an emergency;
designated effective 1-1-80 (Register 79, No. 52). A
Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 5-1-80.

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2606. Length of Parole Hold. [Repealed]

4. Certificate of compliance filed 5-1-80 (Register 80. No.
18).
5. Amendment of subsection (a)(7) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3056, 3057 and 3060.5, Penal Code.
HISTORY

6. Amendment of subsection (a)(8) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

1. Amendment filed 3-15-79 as an emergency; effective upon
filing (Register 79, No. 11).

7. Amendment of section heading and subsection (a)(7) filed
10-5-89; operative 11-4-89 (Register 89, No. 41).

2. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).

8. Amendment filed 9-23-96; operative 10-23-96 (Register
96, No. 39).

3. Amendment of section and Note filed 8-29-2012; operative
9-28-2012 (Register 2012, No. 35).

9. Amendment of subsections (a)(1), (a)(2), (a)(4), (a)(6) and
(a)(10), new subsections (a)(12)-(a)(14), and amendment of
subsection (c) and NOTE filed 9-5-97 as an emergency;
operative 9-5-97 (Register 97, No. 36). A Certificate of
Compliance must be transmitted to OAL by 1-5-98 or
emergency language will be repealed by operation of law on
the following day.

4. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).

Article 2. Parole Violations and Reports
§ 2615. General. [Repealed]

10. Certificate of Compliance as to 9-5-97 order transmitted
to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).

Note: Authority cited: Section 3052, Penal Code. Reference:
Sections 3060 and 3063, Penal Code.

11. New subsection (a)(15) and amendment of Note filed 826-98 as an emergency; operative 8-26-98 (Register 98, No.
35). A Certificate of Compliance must be transmitted to OAL
by 12-24-98 or emergency language will be repealed by
operation of law on the following day.

HISTORY
1. Amendment of section and new Note filed 9-23-96;
operative 10-23-96 (Register 96, No. 39).
2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2616. Reportable Information. [Repealed]

12. Certificate of Compliance as to 8-26-98 order transmitted
to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).
13. Repealer of subsection (a)(7) and subsection renumbering
filed 5-10-99 as an emergency; operative 5-10-99 (Register
99, No. 20). A Certificate of Compliance must be transmitted
to OAL by 9-7-99 or emergency language will be repealed by
operation of law on the following day.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code;
and Terhune v. Superior Court (Whitley) (1998) 65
Cal.App.4th 864. Reference: Sections 186.22, 290, 295300.3, 3000, 3003.5, 3053, 3056, 3057, 3060 and 3060.5,
Penal Code; and Sections 11561 and 11563, Health and
Safety Code.

14. Certificate of Compliance as to 5-10-99 order transmitted
to OAL 7-15-99 and filed 8-9-99 (Register 99, No. 33).

HISTORY
1. Amendment of subsection (a)(1) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

15. Change without regulatory effect amending subsections
(a)(8) and (a)(11) and amending Note filed 6-28-2001
pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 26).

2. Amendment filed 8-17-78; effective thirtieth day
thereafter. Filed in the week of Register 78, No. 33, this
amendment is printed in Register 78, No. 41 for technical
reasons (Register 78, No. 41).

16. New subsection (a)(15) and amendment of Note filed 628-2007 as an emergency; operative 6-28-2007 (Register
2007, No. 26). A Certificate of Compliance must be

115 

TITLE 15

Board of Parole Hearings 

transmitted to OAL by 12-26-2007 or emergency language
will be repealed by operation of law on the following day.

Penal Code; Sections 11561 and 11563, Health and Safety
Code.

17. Certificate of Compliance as to 6-28-2007 order
transmitted to OAL 11-8-2007 and filed 11-29-2007
(Register 2007, No. 48).

HISTORY
1. Amendment of subsection (e) filed 12-28-79 as an
emergency; designated effective 1-1-80 (Register 79, No. 52).
A Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 5-1-80.

18. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2616.1. Reportable Information for Sex Offenders
Undergoing Chemical Treatment.

2. Certificate of Compliance filed 5-1-80 (Register 80, No.
18).
3. Amendment of subsection (d) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

The Department shall report failure to report for or cooperate
with scheduled sex offender chemical hormone treatment to
the Board.

4. Repealer of subsection (c) and amendment of subsection
(e) filed 11-13-85; effective thirtieth day thereafter (Register
85, No. 46).

Note: Authority cited: Sections 3052 and 5076.1, Penal Code.
Reference: Section 645, Penal Code.

5. Relettering and amendment of former subsections (d) and
(e) to new subsections (c) and (d) filed 10-5-89; operative 114-89 (Register 89, No. 41).

HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register
98, No. 42).
§ 2617. Investigation. [Repealed]

6. Amendment of first paragraph filed 9-23-96; operative 1023-96 (Register 96, No. 39).

HISTORY

7. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).

1. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2618. Parole Violation Report. [Repealed]

Article 3. Revocation Procedures
§ 2635. General. [Repealed]

HISTORY

HISTORY

1. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2619. Supplemental Parole Violation Reports.
[Repealed]

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).
2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2635.1. Revocation Period. [Repealed]

Note: Authority cited: Section 576.2, Penal Code. Reference:
Sections 3052, 3053 and 3063, Penal Code.
HISTORY

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
References: Sections 3056, 3057 and 3060.5, Penal Code.

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

HISTORY
1. New section filed 12-29-78 as an emergency; effective
upon filing (Register 78, No. 52).

2. Amendment filed 5-28-81; effective thirtieth day thereafter
(Register 81, No. 22).

2. Certificate of Non-compliance repealing section
transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79,
No. 11).

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2620. Recommendations. [Repealed]

3. New section filed 3-15-79 as an emergency; effective upon
filing (Register 79, No. 11).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 290, 3000, 3053, 3056, 3057, and 3060,

116 

TITLE 15

Board of Parole Hearings 

4. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).

from parole. This decision may be used at any other time as
appropriate under the facts of the case.

5. Amendment of subsections (b) and (c), new subsection (d)
and amendment of Note filed 8-29-2012; operative 9-28-2012
(Register 2012, No. 35).

(5) To Schedule for Limited Placement Proceedings. This
decision shall be used for parolees charged with parole
violations which, if true, would not appear sufficiently
serious to warrant return to prison for an extended period, but
who need placement in the Substance Abuse Treatment
Control Unit (SATCU). The parolee will ordinarily be
released within 90 days, but if further violations occur within
the 90 days, full revocation proceedings may be scheduled.

6. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2636. P&CSD Review. [Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3060, Penal Code.

(6) To Schedule for Revocation Proceedings: Psychiatric
Treatment. This decision shall be used when facts are
presented indicating that the parolee is suffering from a
mental disorder which substantially impairs his or her ability
to maintain himself or herself in the community, or which
makes him or her a danger to himself/herself or others, when
necessary psychiatric treatment cannot be obtained in the
community. This decision shall be made only after receipt of
a written statement from a mental health professional who
has conducted a face-to-face evaluation of the parolee, and
found that the parolee is an individual described in §
2616(a)(14). This decision shall not be made when violations
of another term or condition of parole are charged.

HISTORY
1. Amendment of subsection (c) and new subsection (d) filed
8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).
2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2637. Central Office Calendar.
(a) General. The board at the central office calendar shall
review the conduct and progress of parolees and consider
parolees for the scheduling of revocation proceedings. The
primary concern for the board at the central office calendar
shall be for public safety as discussed in section 2646.

(7) To Schedule for Revocation Proceedings. This decision
shall be used for parolees charged with parole violations
which, if true, would appear sufficiently serious to warrant
return to prison.

(b) Decisions. The board at the central office calendar may
make any decisions that do not require hearings. Examples of
central office calendar decisions include:

(8) To Dismiss Charge(s). This decision shall be used to
dismiss charges which will not be considered at the scheduled
hearing.

(1) To Suspend Parole Pending Further Determination.
This decision shall be used for parolees who have absconded.
The Board of Prison Terms may set the time of parole
suspension from either the date of last contact with the
parolee or, if contact has not been established, the date that
the parolee failed to report as instructed. The parolee may
produce evidence for reconsideration by the Board.

(9) To Continue on Parole. This decision shall be used to
continue a parolee on parole. If done “pending further
determination” it may be used for a previously suspended
parolee who does not need to be in custody pending a
hearing.
(10) Reinstate on Parole. This decision shall be made
whenever a suspended parolee at large has been arrested in
California, has been located in California or is available to
return to California from another state or country. It indicates
the date that the period of parole commences after having
been tolled during the period the parolee was at large.

(2) To Issue Warrants. This decision shall be used
following suspension of parole for parolees who have
absconded parole, and any other time that a law enforcement
agency requires a warrant to support the arrest of a parolee.
(3) To Order to Prison for Further Proceedings. This
decision shall be used for parolees incarcerated by another
state or the federal government.

(11) To Vacate Early Discharge Date. This decision shall
be used in conjunction with the decisions listed in subsections
(b)(1)-(b)(7) when a parolee, who was previously granted a
discharge date earlier than the statutory maximum discharge
date, will discharge on the early discharge date before any

(4) To Schedule for Pre-revocation Proceedings. This
decision shall be used when a parolee is suspected of a
serious violation of parole and is within 30 days of discharge

117 

TITLE 15

Board of Parole Hearings 

action ordered by the board can be completed. If an early
discharge date is vacated, the statutory maximum discharge
date becomes the discharge date.

1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

(12) Parole Period Extended Pending Revocation Hearing.
This decision shall be used to retain jurisdiction when a
parolee charged with a parole violation will discharge prior to
a revocation hearing.

2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2639. Central Office Hearing Coordinator. [Repealed]

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000, 3056, 3057, 3060 and 3064, Penal
Code; Sections 11561 and 11563, Health and Safety Code.

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

HISTORY
1. Amendment of subsection (b) filed 10-7-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2640. Time Limits. [Repealed]

2. Amendment of subsection (c)(8) and new subsections
(c)(9) and (c)(10) filed 4-4-78; effective thirtieth day
thereafter (Register 78, No. 14).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000, 3053, 3056, 3057 and 3060, Penal
Code; and Morrissey v. Brewer (1972) 408 U.S. 471.

3. New subsection (c)(11) filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).

HISTORY

4. New subsection (c)(6) and renumbering of subsections
(c)(6) through (c)(11) to (c)(7) through (c)(12) filed 5-1-80;
effective thirtieth day thereafter (Register 80, No. 18).

1. Amendment of subsections (a) and (g) filed 10-5-89;
operative 11-4-89 (Register 89, No. 41). For prior history, see
Register 82, No. 52.

5. Amendment of subsection (c)(5) filed 5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).

2. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).

6. Repealer of subsection (b) and relettering of subsection (c)
to subsection (b) filed 12-22-82 by OAL pursuant to
Government Code Section 11349.7(j) (Register 82, No. 52).

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2641. Waiver of Hearing. [Repealed]

7. Amendment of subsection (b)(6) filed 10-5-89; operative
11-4-89 (Register 89, No. 41).
8. Amendment of subsection (a) filed 9-23-96; operative 1023-96 (Register 96, No. 39).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000, 3053, 3056, 3057 and 3060, Penal
Code.

9. Amendment of section and Note filed 10-9-97 as an
emergency; operative 10-9-97 (Register 97, No. 41). A
Certificate of Compliance must be transmitted to OAL by 26-98 or emergency language will be repealed by operation of
law on the following day.

HISTORY
1. Amendment filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77,
No. 44).

10. Certificate of Compliance as to 10-9-97 order transmitted
to OAL 1-7-98 and filed 2-2-98 (Register 98, No. 6).

2. Amendment filed 8-17-78; effective thirtieth day
thereafter. Filed in the week of Register 78, No. 33, this
amendment is printed in Register 78, No. 41 for technical
reasons (Register 78, No. 41).

11. Change without regulatory effect amending subsection
(b)(6) filed 5-8-2001 pursuant to section 100, title 1,
California Code of Regulations (Register 2001, No. 19).
§ 2638. P&CSD Hearing Coordinator. [Repealed]

3. Amendment of subsection (a) filed 12-29-78 as an
emergency; effective upon filing (Register 78, No. 52).

HISTORY

4. Certificate of Non-compliance reinstating the language of
subsection (a) as it existed prior to emergency amendment

118 

TITLE 15

Board of Parole Hearings 

transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79,
No. 11).

4. Amendment of subsection (c) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

5. Repealer of subsection (b) filed 3-15-79 as an emergency;
effective upon filing (Register 79, No. 11).

5. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).

6. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).

6. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2644. Prerevocation Proceedings. [Repealed]

7. New subsection (b) filed 6-11-79; effective thirtieth day
thereafter (Register 79, No. 24).
8. New subsection (c) filed 5-1-80; effective thirtieth day
thereafter (Register 80, No. 18).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3000, Penal Code.

9. Amendment of subsection (a) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

HISTORY
1. Amendment of subsection (e) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

10. Amendment of subsection (c) filed 10-5-89; operative 114-89 (Register 89, No. 41).
11. Amendment of subsection (b) filed 8-15-91; operative 916-91 (Register 91, No. 51).

2. Amendment of subsection (f)(3) filed 4-4-78; effective
thirtieth day thereafter (Register 78, No. 14).

12. Editorial correction of subsection (b) (Register 95, No.
45).

3. Amendment of subsections (b) and (f)(1) filed 8-17-78;
effective thirtieth day thereafter. Filed in the week of Register
78, No. 33, this amendment is printed in Register 78, No. 41
for technical reasons (Register 78, No. 41).

13. Amendment of subsections (a) and (b) filed 8-24-98;
operative 9-23-98 (Register 98, No. 35).
14. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2642. Prehearing Procedures. [Repealed]

4. Amendment of subsection (a) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).
5. Repealer of subsection (c) and relettering of subsections
(d)-(f) to subsections (c)-(e) filed 12-22-82 by OAL pursuant
to Government Code Section 11349.7(j) (Register 82, No.
52).

HISTORY
1. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2643. Parolee Rights. [Repealed]

6. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2645. Hearing Procedures: Revocation. [Repealed]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3041, 3042, 3063.5, 3063.6, 5076.1 and
5076.3, Penal Code; Gagnon v. Scarpelli (1972) 411 U.S.
778.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 290 (1979 Stats., Ch. 944), 3041, 3042,
3063.5, 3063.6, and 5076.1, Penal Code.

HISTORY

HISTORY

1. Amendment of subsection (b) filed 9-21-78 as an
emergency; designated effective 9-25-78. Filed in the week
of Register 78, No. 38, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).

1. Amendment filed 9-21-78 as an emergency; designated
effective 9-25-78. Filed in the week of Register 78, No. 38,
this amendment is printed in Register 78, No. 41 for technical
reasons (Register 78, No. 41).

2. Certificate of Compliance filed 12-29-78 (Register 78, No.
52).

2. Certificate of Compliance filed 12-29-78 (Register 78, No.
52).

3. Amendment of subsection (d) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

3. Amendment of subsection (a) filed 12-28-79 as an
emergency; designated effective 1-1-80 (Register 79, No. 52).

119 

TITLE 15

Board of Parole Hearings 

A Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 5-1-80.
4. Certificate of Compliance filed 5-1-80 (Register 80, No.
18).

12. Change without regulatory effect amending subsection
(c)(3) and amending Note filed 6-28-2001 pursuant to section
100, title 1, California Code of Regulations (Register 2001,
No. 26).

5. Repealer of subsection (b) and relettering of subsection (c)
to subsection (b) filed 12-22-82 by OAL pursuant to
Government Code Section 11349.7(j) (Register 82, No. 52).

13. Amendment of first paragraph and subsections (a)(3),
(a)(6) and (d) filed 11-20-2001; operative 12-20-2001
(Register 2001, No. 47).

6. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2646. Disposition. [Repealed]

14. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2646.1. Violations and Length of Confinement.
[Repealed]

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 290, 295-300.3, 3000, 3053, 3056, 3057,
3060 and 3060.5, Penal Code.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3056, 3057, 3060 and 3060.5, Penal
Code.

HISTORY

HISTORY

1. Amendment of subsection (c)(5) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

1. New section filed 11-20-2001; operative 12-20-2001
(Register 2001, No. 47).
2. Amendment of section and Note filed 8-29-2012; operative
9-28-2012 (Register 2012, No. 35).

2. Amendment of subsection (c)(5) and new subsection (c)(6)
filed 4-4-78; effective thirtieth day thereafter (Register 78,
No. 14).

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2647. Time in Custody. [Repealed]

3. Amendment of subsections (a), (b), (c)(1), (c)(2), (c)(3),
(c)(4) and new subsection (c)(7) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3057 and 3060, Penal Code.

4. Editorial correction (Register 79, No. 14).
5. Amendment of subsection (c)(5) filed 12-28-79 as an
emergency; designated effective 1-1-80 (Register 79, No. 52).
A Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 5-1-80.

HISTORY
1. Renumbering of Section 2647 to Section 2648 and new
Section 2647 filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

6. Certificate of Compliance filed 5-1-80 (Register 80, No.
18).

2. Amendment filed 8-17-78; effective thirtieth day
thereafter. Filed in the week of Register 78, No. 33, this
amendment is printed in Register 78, No. 41 for technical
reasons (Register 78, No. 41).

7. Amendment of subsection (c)(4) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).
8. Renumbering of subsections (c)(6) and (c)(7) to
subsections (c)(7) and (c)(8) and new subsection (c)(6) filed
5-28-81; effective thirtieth day thereafter (Register 81, No.
22).

3. Renumbering of Section 2647 to Section 2648 and new
Section 2647 filed 11-3-78 as an emergency; effective upon
filing (Register 78, No. 44).
4. Certificate of Compliance filed 3-2-79 as to filing of 11-378 (Register 79, No. 9).

9. Repealer of subsection (c)(3) and amendment of subsection
(c)(5) filed 11-13-85; effective thirtieth day thereafter
(Register 85, No. 46).

5. Amendment of subsection (a) filed 3-15-79 as an
emergency; effective upon filing (Register 79, No. 11).

10. Amendment of subsection (c) and new subsection (d),
filed 10-5-89; operative 11-4-89 (Register 89, No. 41).

6. Certificate of Compliance filed 5-30-79 (Register 79, No.
22).

11. Amendment of first paragraph and subsection (b) filed 923-96; operative 10-23-96 (Register 96, No. 39).

120 

TITLE 15

Board of Parole Hearings 

7. Amendment of subsection (c) filed 5-1-80; effective
thirtieth day thereafter (Register 80, No. 18).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3000 and 3057, Penal Code.

8. Repealer of subsection (b) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

HISTORY
1. New section filed 4-4-78; effective thirtieth day thereafter
(Register 78, No. 14).

9. Amendment filed 10-5-89; operative 11-4-89 (Register 89,
No. 41).

2. Amendment filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).

10. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2647.1. Time in Custody Psychiatric Treatment.
[Repealed]

3. New subsection (b), amendment of subsection (a) and Note
filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
4. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3057 and 3060, Penal Code.

Article 4. Evidence

HISTORY

§ 2665. General.

1. New section filed 10-5-89; operative 11-4-89 (Register 89,
No. 41).

All evidence relevant to the charges or disposition is
admissible in parole postponement, rescission and revocation
proceedings.
§ 2666. Documentary Evidence.

2. Change without regulatory effect amending subsection (b)
filed 5-8-2001 pursuant to section 100, title 1, California
Code of Regulations (Register 2001, No. 19).

Coordinator staff shall assure that all relevant documentary
evidence is available at the hearing and has been made
available to the parolee and his attorney prior to the hearing
unless designated confidential pursuant to § 2235. This
evidence includes, but is not limited to, the violation report,
arrest report, special services reports, psychiatric reports, and
statements of witnesses. If relevant documentary evidence is
not available, coordinator staff shall specify in writing what
the evidence is and why it is unavailable. Any information
from the prisoner or parolee supporting his request for an
attorney shall be made available to the hearing panel.

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2648. Posthearing Procedures. [Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3057, Penal Code; Section 11150, Health
and Safety Code.
HISTORY
1. Amendment of subsection (c) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3063.5, Penal Code; and Morrisey v.
Brewer(1972) 408 U.S. 471.

2. Renumbering of Section 2647 to Section 2648 filed 4-4-78;
effective thirtieth day thereafter (Register 78, No. 14).

HISTORY

3. Repealer filed 11-3-78 as an emergency; effective upon
filing (Register 78, No. 44).

1. Amendment of section and new Note filed 1-23-2003;
operative 1-23-2003 pursuant to Government Code section
11343.4 (Register 2003, No. 4).
§ 2667. Physical Evidence.

4. Renumbering from Section 2647 to Section 2648 filed 113-78 as an emergency; effective upon filing (Register 78, No.
44).

Physical evidence should not ordinarily be required at a
hearing. Coordinator staff may bring physical evidence to the
hearing if: the prisoner or parolee has requested it or it
appears necessary for the hearing; institutional security is not
endangered; and there is no other means of presenting the
information.
§ 2668. Witnesses.

5. Certificate of Compliance filed 3-2-79 as to 11-3-78 filing
(Register 79, No. 9).
6. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2649. Revoked Parolees with New Commitments.
[Repealed]

121 

TITLE 15

Board of Parole Hearings 

(a) Request.

staff of witnesses so that arrangements can be made to have
them enter custodial facilities.

(1) Prisoner or Parolee Request. The prisoner or parolee
may request either evidentiary or dispositional witnesses. The
request must be made sufficiently ahead of the hearing to
notify the witnesses and to make arrangements to have them
present at the hearing. The request shall include the reason
for requesting the witness and the expected testimony of the
witness.

(3) Documentation. All efforts to locate evidentiary
witnesses shall be documented. Any efforts made to locate
dispositional witnesses for a prisoner or parolee unassisted by
counsel shall also be documented.
If a witness is located, but refuses to attend, the reason for the
refusal shall be documented to give the hearing panel
sufficient information to determine whether it is reasonable to
excuse the witness' attendance.

(2) Staff Request. If in reviewing the case prior to a
hearing, coordinator staff determine that a particular witness
is necessary to provide testimony regarding an event material
to the proceeding, attendance of that evidentiary witness shall
be requested even though the prisoner or parolee has not
requested that witness. In these circumstances, staff shall
notify the prisoner, parolee, or his attorney.

(d) Transportation. Evidentiary witnesses who need
transportation should be transported to the hearing where
feasible. Dispositional witnesses for a prisoner or parolee
without counsel may be provided transportation.
(e) Fearful Witnesses. Evidentiary witnesses who refuse to
attend the hearing either because they would be subject to
risk of harm if their identities were disclosed or who, even if
their identity is known, fear for their safety should they attend
the hearing, shall be interviewed by coordinator staff prior to
the hearing and their information documented in writing or
on tape. The reasons for their fear shall also be documented.
The hearing panel shall determine whether there is good
cause to excuse a witness' attendance and shall document the
decision, including the reasons.

(b) Coordinator staff shall review the list of requested
witnesses prior to the hearing and may refuse to notify or call
witnesses. Coordinator staff shall document the reason for
any refusal to notify or call a witness, and the parolee,
prisoner, or attorney shall be told of the refusal prior to the
hearing.
(1) Evidentiary Witnesses. Staff shall determine that the
testimony of an evidentiary witness is clearly irrelevant
before refusing to call the witness. (Examples of irrelevant
witnesses include a public official having no knowledge of
the violation or witness with no knowledge or evidence in
mitigation). A requested evidentiary witness should
ordinarily be notified to attend even though the testimony
may be cumulative, such as where several persons witnessed
the incident.

(f) Interviewing Witnesses. A prisoner, parolee, or his
attorney has a right to speak to possible witnesses, but it is
within the discretion of an individual witness whether to
speak to or disclose his whereabouts to a prisoner, parolee, or
his attorney. Staff shall not attempt to influence the witness'
decision.

(2) Dispositional Witnesses. Staff may refuse to notify any
dispositional witness whose testimony is clearly irrelevant or
cumulative. The testimony of dispositional witnesses whose
testimony is of a general nature may be presented by means
of written statements, letters, or affidavits.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Morrissey v. Brewer(1972) 408 U.S. 471.
HISTORY
1. Amendment of subsection (a)(1) filed 10-27-77 as an
emergency; effective upon filing. Certificate of Compliance
included (Register 77, No. 44).

(c) Notification.
(1) Evidentiary Witnesses. Coordinator staff are
responsible for making every effort to assure the attendance
of any requested evidentiary witness deemed necessary.

2. Amendment of subsection (a)(2) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 1-23-2003; operative 1-23-2003 pursuant
to Government Code section 11343.4 (Register 2003, No. 4).

(2) Dispositional Witnesses. If the prisoner or parolee is not
represented by an attorney, coordinator staff shall provide
any needed assistance in notifying dispositional witnesses. If
assisted by an attorney, the attorney must be advised that he
is responsible for notifying dispositional witnesses who are
not confined in prison. The attorney shall notify coordinator

Article 5. Subpoenas
§ 2675. General.
Subpoenas may be issued to require the attendance of
witnesses or the production of documents at parole revocation
or parole rescission hearings.

122 

TITLE 15

Board of Parole Hearings 

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).

(5) whether the witness resides more than 50 miles outside
the county where the hearing will be held.

HISTORY

(b) Witnesses.

1. Renumbering of Article 5 (Sections 2690-2701) to Article
6 and new Article 5 (Sections 2675-2682) filed 10-25-79;
effective thirtieth day thereafter (Register 79, No. 43).
§ 2676. Request for Subpoena.

(1) General. Requests for subpoenas for witnesses shall be
screened in accordance with the procedures of § 2668. A
request for a subpoena may be denied for any witness whose
testimony is clearly irrelevant or cumulative.

(a) The parolee or prisoner, the parolee's/prisoner's attorney,
P&CSD staff, and board staff may request that a subpoena be
issued.

(2) Evidentiary Witnesses. Requests for subpoenas for
evidentiary witnesses shall ordinarily be granted even though
the testimony may be cumulative, such as when several
persons witnessed the incident. Fearfulness of an evidentiary
witness shall be considered and may justify denial of a
request for a subpoena. See § 2668(e).

(b) Requests for subpoenas shall be made directly to the
District Hearing Agent or to the Classification and Parole
Representative or other staff, as appropriate, at least 10
working days prior to the scheduled hearing.

(3) Dispositional Witnesses. Normally only evidentiary
witnesses will be subpoenaed. The testimony of dispositional
witnesses whose testimony is of a general nature should be
presented by means of written statements, letters, or
affidavits. The parolee/prisoner or the parolee's/prisoner's
attorney shall provide a written statement which summarizes
the expected testimony and states how the testimony would
be relevant, material, and non-cumulative.

(c) Subpoena Duces Tecum. A supporting declaration shall
accompany each request for a subpoena duces tecum. The
declaration shall show good cause for production of
documentary evidence and specify precisely the documentary
evidence to be produced, the relevance and materiality of that
evidence to the hearing, and that the requested witness has
possession or control of the documentary evidence.

(c) Documentary Evidence. Subpoenas duces tecum may be
issued for documentary evidence that is relevant and noncumulative and under the control of someone other than the
parolee/prisoner, the parolee's/prisoner's attorney, P&CSD or
the board. A declaration in support shall accompany the
request for a subpoena duces tecum.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.3, Penal Code; and In re
Carroll(1978) 80 Cal.App. 3d 22.
HISTORY
1. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).
§ 2677. Criteria for Issuance.

(d) At the Time of the Hearing. After the revocation or
rescission hearing has commenced, the panel may request
such subpoenas or subpoenas duces tecum as they deem
necessary. The hearing shall be continued and rescheduled
for a date at least 10 working days later.

(a) General. A subpoena or subpoena duces tecum shall be
issued when it is necessary to secure the presence of a
witness or the production of documents for a proceeding.
Subpoenas shall be issued for evidence that is relevant and
material. Each case shall be evaluated individually to make
this determination, based upon the following factors:

(e) Denial. The reason for the denial of a request for a
subpoena or a subpoena duces tecum shall be documented
and a copy of the decision given to the parolee/prisoner or to
the parolee's/prisoner's attorney.

(1) whether the person is an evidentiary or dispositional
witness;

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 5076.3, Penal Code; and In re
Carroll(1978) 80 Cal.App. 3d 22.

(2) the relevance and materiality of the testimony or
documents to the issues to be decided during the fact finding
(violation) phase of the hearing;

HISTORY
1. Amendment of subsection (a) filed 11-13-85; effective
thirtieth day thereafter (Register 85, No. 46).

(3) the availability of the witness and/or the documents;
(4) whether the parolee/prisoner or the parolee's/prisoner's
attorney has made reasonable efforts to produce an
evidentiary witness;

2. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).

123 

TITLE 15

Board of Parole Hearings 

§ 2678. Service.

(1) General. The custodian of records may, upon receiving
a subpoena duces tecum, mail a true, legible, and durable
copy of all the records described in the subpoena duces
tecum. The records shall be accompanied by the affidavit of
the custodian.

(a) Process. Service may be made by any person 18 years of
age or older, in all parts of the state, no later than two days
before the hearing, unless good cause for later service is
shown.

(2) Affidavit of Custodian. The affidavit shall state that the
affiant is the custodian of the records and is authorized to
certify the records; that the copy is a true copy of the records
described in the subpoena duces tecum; and that the records
were prepared in the ordinary course of business.

(b) Subpoena. Except as provided in subdivision (c), service
of a subpoena is completed by showing the original and
delivering a copy to the witness personally.
(c) Subpoena for Peace Officer. When a peace officer
designated in Penal Code section 830 is required as a witness
in a proceeding relating to an event which he perceived or
investigated in the course of his duties, a subpoena may be
served by delivering a copy to the peace officer personally or
by delivering two copies to his or her immediate superior or a
designated agent. In those counties which have consented,
delivery may be made by sending a copy electronically,
including electronic mail, computer modem, facsimile, or
other electronic means, to the immediate superior or
designated agent who shall then deliver a copy of the
subpoena to the peace officer as soon as possible and in no
event later than a time which will enable the peace officer to
comply with the subpoena.

If the custodian has none or only part of the records described
in the subpoena duces tecum, the custodian shall mail the
affidavit and the available records.
(3) Attendance Required. The custodian of records shall
attend the hearing and produce original records only when the
subpoena duces tecum contains a clause to that effect.
(c) Failure to Comply. If a witness fails to comply with a
subpoena or a subpoena duces tecum, the board may petition
the Superior Court in the county in which the hearing is
pending for an order compelling compliance.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
§ 2680. Quashing.

(d) Subpoena Duces Tecum. Service of a subpoena duces
tecum is completed by showing the original and delivering a
copy to the person having possession or control of the
documentary evidence. Service is invalid if the declaration in
support is not served on the person at the same time as the
subpoena duces tecum.

(a) General. The board, upon request timely and reasonably
made, may quash a subpoena or subpoena duces tecum
entirely, modify it, or direct compliance with it upon terms or
conditions. The request to quash shall be made to the
Subpoena Coordinator at board headquarters and shall
include specific reasons for the request.

Note: Authority cited: Sections 5076.2 and 5076.3, Penal
Code. Reference: Section 1328, Penal Code; and In re
Carroll(1979) 80 Cal. App. 3d 22.

(b) Criteria. The board shall consider the objections to a
subpoena or a subpoena duces tecum in light of all available
information. The guiding principles shall be to protect
witnesses from unreasonable and oppressive demands and to
ensure their safety.

HISTORY
1. Amendment of section and Note filed 1-23-2003; operative
1-23-2003 pursuant to Government Code section 11343.4
(Register 2003, No. 4).
§ 2679. Witness Obligation to Comply.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
§ 2681. Decision.

(a) General. A person is obliged to attend a parole revocation
or parole rescission hearing as a witness pursuant to a
subpoena or a subpoena duces tecum at any place within the
county of the person's residence and at any place outside the
county of residence which is less than 50 miles from the
person's residence. Witnesses shall be paid fees and mileage
at the rate provided in Government Code Section 68093.

The board has final responsibility for deciding whether to
issue a subpoena or a subpoena duces tecum and whether to
grant or deny a request to quash a subpoena or a subpoena
duces tecum. The board may delegate these decisions to
department staff.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
§ 2682. Appeals.

(b) Custodian of Records.

124 

TITLE 15

Board of Parole Hearings 

There shall be no appeal of the denial of a request for a
subpoena or a subpoena duces tecum or a denial or granting
of a request to quash a subpoena or a subpoena duces tecum
until after the parole revocation or parole rescission hearing.

(a) Presumption. A prisoner or parolee is presumably entitled
to assistance of counsel if there is a colorable claim that the
individual did not commit the violation (see subsection (b)),
or if there are substantial mitigating circumstances (see
subsection (c)). In either event, and particularly in close
cases, the strength of the colorable claim or the mitigating
circumstances must be weighed against the prisoner's or
parolee's ability to speak for himself (see Section 2694).

Note: Authority cited: Section 5076.2, Penal Code.
Reference: In re Carroll, 80 Cal.App. 3d 22 (1978). Attorney
Determinations

Article 6. Attorney Determinations

(b) Colorable Claim. A prisoner or parolee who has a
colorable claim that he is not guilty of the charges is
presumably entitled to the assistance of counsel. “Colorable”
is defined as seemingly valid or genuine; having an
appearance of truth, right or justice; plausible. The claim
should have an appearance of truth; it need not be probably
true, but merely plausible.

§ 2690. General.
Assistance of counsel during revocation and rescission
proceedings shall be approved if a timely request is made by
the prisoner or parolee and the need for counsel is established
under sections 2692-2694. If counsel is approved, counsel
shall be appointed for indigent prisoners and parolees.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3060, Penal Code.

Ordinarily, a mere denial of the charges without further
information is insufficient to raise a colorable claim.

HISTORY

There can be no colorable claim of innocence if the prisoner
or parolee has been convicted of the charge in court, or has
been found guilty of the charge in probation revocation or
disciplinary proceedings.

1. Renumbering of article 5 (sections 2690-2701) to article 6
filed 10-25-79; effective thirtieth day thereafter (Register 79,
No. 43).
2. Editorial correction of printing error restoring missing
article 6 heading (Register 91, No. 29).

The strength of the colorable claim must be weighed against
the prisoner's or parolee's ability to speak for himself. If he
has a colorable claim of denial, he is presumably entitled to
assistance of counsel unless he is particularly capable of
speaking for himself.

3. Editorial correction of article 6 heading (Register 95, No.
14).
§ 2691. Request for an Attorney.
A prisoner or parolee desiring the assistance of counsel in
revocation or rescission proceedings must make a request for
the assistance of an attorney within four days of receiving the
“Notice of Right to Hearing.”

(c) Mitigating Circumstances. If there are substantial reasons
which justify or mitigate the violation and make revocation or
rescission inappropriate and the reasons are complex or
otherwise difficult to develop or present, the presumption is
also raised.

A prisoner or parolee who initially waives counsel but then
requests counsel shall be given an attorney determination. A
prisoner or parolee who withdraws a request for counsel may
not later request counsel.
§ 2692. Basic Test.

(1) Substantial Reasons. Claims in justification or
mitigation must not only be colorable, but also substantial. A
substantial reason refers to one neither imaginary nor illusive
but rather solid, of real worth, real.
(2) Makes Revocation or Rescission Inappropriate. The
reasons put forward must not only be colorable and
substantial but must be such that they make revocation or
rescission inappropriate. A reason justifying or mitigating an
alleged violation will only affect the decision on the need for
counsel if proof of its existence will affect the decision
whether or not to revoked or rescind.

The guiding principle in deciding whether the assistance of
counsel is needed is fundamental fairness. This decision can
only be made on a case by case basis, and cannot be stated in
any flat policy or rule.
If in any case the prisoner or parolee needs assistance of
counsel in order to be treated in a fundamentally fair manner
in view of the charges brought and the individual's ability to
respond to the charges, counsel should be granted, regardless
of the presumption of need discussed in Section 2693.
§ 2693. Presumption of Need.

(3) Complex or Otherwise Difficult to Develop or Present.
The reasons offered in justification or mitigation must be
examined to determine their complexity. If these reasons are

125 

TITLE 15

Board of Parole Hearings 

not complex or otherwise difficult to develop or present, they
do not support a presumption that counsel is needed.

The board has final responsibility for deciding whether the
prisoner or parolee is to have the assistance of counsel. The
board may delegate the initial decision to department staff.
§ 2698. Indigent Prisoner or Parolee.

There may be situations where circumstances aggravate the
character of the violation. Disproving such aggravating
circumstances must be considered a process of justification or
mitigation. If such aggravating circumstances are complex or
otherwise difficult for the prisoner or parolee to meet, it
should be presumed that counsel is needed.

A written declaration of the prisoner's or parolee's inability to
pay for any attorney shall be considered if a request for an
attorney is granted. A prisoner or parolee shall be deemed
indigent if he is financially unable to obtain assistance of
counsel.

(4) Rescission and Revocation. Mitigating circumstances
may be presented at the revocation or rescission hearing only.
§ 2694. Ability to Speak for Self.

A prisoner or parolee is presumed able to afford an attorney if
the prisoner or parolee has one thousand five hundred dollars
($1,500.00) or more in cash, institutional trust account,
savings account, checking account or any combination of
cash and accounts. A prisoner or parolee with one thousand
five hundred dollars ($1,500.00) must show that he or she has
been unable to obtain an attorney before an attorney will be
appointed at state expense.

In every case, the prisoner's or parolee's ability to speak for
himself must be considered. A colorable claim of innocence
or a claim of mitigating circumstances must be weighed
against the ability to speak for oneself. Even where there is
no colorable claim or substantial mitigating circumstances, a
prisoner or parolee may be so incapable of speaking for
himself that counsel ought to be granted.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973).

The ability to speak must be evaluated in terms of the charges
being alleged. Physical and mental disabilities, age,
education, experience, and like factors may show need where
ordinarily counsel is not required or may eliminate the need
where ordinarily counsel should be provided.
§ 2695. Preliminary and Final Hearings.

HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).
§ 2699. Attorney Selection.
If request for attorney assistance is approved and indigency
demonstrated, counsel shall be provided the prisoner or
parolee at state expense. The central office hearing
coordinator shall make arrangements for providing the
attorney.
§ 2700. Hearing Panel Designation.

Separate attorney determinations should be made for
prerevocation and prerescission hearings and for revocation
and rescission hearings. If an attorney is granted at the
prerevocation or prerescission hearing, an attorney shall be
allowed at the revocation or rescission hearing unless the
prisoner or parolee is convicted of the charge before the final
hearing.
§ 2696. Information Considered.

No person who participated in making an attorney
determination or reviewing an appeal of a denial of a request
for an attorney should be assigned to the hearing panel in that
case.
§ 2701. Appeals. [Repealed]

The interviewer shall consider all relevant information
including: the reasons for the request; the report supporting
the charges; and the cumulative case summary.

HISTORY

If the prisoner or parolee refuses to give reasons for the
request, it should be explained that any information provided
will not be given to the hearing panel and that the interviewer
will not sit on the hearing panel. If the prisoner or parolee
persists in his refusal, the determination shall be made on the
basis of the information available.

1. Repealer filed 4-15-2004 as an emergency; operative 5-12004 (Register 2004, No. 16). A Certificate of Compliance
must be transmitted to OAL by 8-30-2004 or emergency
language will be repealed by operation of law on the
following day.

If it is clear from a review of the documents that the prisoner
or parolee is entitled to counsel, a personal interview need not
be conducted.
§ 2697. Decision.

2. Repealer refiled 8-30-2004 as an emergency; operative 830-2004 (Register 2004, No. 36). A Certificate of
Compliance must be transmitted to OAL by 12-28-2004 or
emergency language will be repealed by operation of law on
the following day.

126 

Board of Parole Hearings 

TITLE 15

3. Repealer refiled 12-27-2004 as an emergency; operative
12-27-2004 (Register 2004, No. 53). A Certificate of
Compliance must be transmitted to OAL by 4-26-2005 or
emergency language will be repealed by operation of law on
the following day.

(b) Arrest of Parolee. The Executive Officer shall recall
warrants upon notification from the Regional Administrator
that a parolee subject to a warrant has been taken into custody
by the department.
(c) Discharge of Absconder. The Regional Administrator
shall notify the board at the central office calendar of the case
of any absconder who has been at large for five years and
who has met the minimum term considering time in prison,
on parole, and at large. The board at the central office
calendar may determine to discharge the absconder. If the
board at the central office calendar discharges the absconder
it shall recall the warrant.

4. Certificate of Compliance as to 12-27-2004 order
transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register
2005, No. 23).

Article 7. Warrants of Arrest
§ 2710. General. [Repealed]
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3060, Penal Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3060, Penal Code.

HISTORY
1. Renumbering of Article 6 (Sections 2710-2714) to Article
7 filed 10-25-79; effective thirtieth day thereafter (Register
79, No. 43).

HISTORY
1. Amendment of subsection (c) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).
§ 2714. State and National Warrant Systems. [Repealed]

2. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2711. Warrants Based on Board Action. [Repealed]

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3060, Penal Code.
HISTORY

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3060, 5075 and 5076.1, Penal Code.
HISTORY

1. New section filed 6-11-79; effective thirtieth day thereafter
(Register 79, No. 24).

1. Amendment filed 10-25-79; effective thirtieth day
thereafter (Register 79, No. 43).

2. Amendment filed 1-23-2003; operative 1-23-2003 pursuant
to Government Code section 11343.4 (Register 2003, No. 4).

2. Repealer of subsection (b) filed 12-22-82 by OAL pursuant
to Government Code Section 11349.7(j) (Register 82, No.
52).

3. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).

3. Amendment filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).

Article 8. Multijurisdiction Regulations
§ 2730. Application of Article.
The revocation procedures set forth in Articles 1-5 of this
chapter apply to any parolee on parole from a California
commitment who is located in California. Except as provided
in this article, the revocation procedures set forth in Articles
1-5 in this chapter apply to any parolee on parole from a
California commitment who is being supervised in another
state or who absconds to another state.

4. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2712. Warrants Based on Individual Member Action.
[Repealed]
HISTORY
1. Change without regulatory effect repealing section filed
11-26-2014 pursuant to section 100, title 1, California Code
of Regulations (Register 2014, No. 48).
§ 2713. Recall of Warrant.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3057, 3059, 3060, 3064, Penal Code.
HISTORY
1. Repealer of Article 7 (Sections 2730-2756) and new
Article 7 (Sections 2730-2733) filed 8-17-78; effective
thirtieth day thereafter. Filed in the week of Register 78, No.
33, this amendment is printed in Register 78, No. 41 for

(a) General. Board warrants remain in full force and effect
until the Executive Officer recalls the warrant by removing it
from the active warrant file and notifying appropriate law
enforcement agencies that the warrant has been recalled.

127 

TITLE 15

Board of Parole Hearings 

technical reasons (Register 78, No. 41). For prior history, see
Register 77, No. 44.

commence on the date of arrest even if the Department is
unaware of the arrest because of the parolee's use of an alias.

2. Renumbering of Article 7 (Sections 2730-2733) to Article
8 filed 10-25-79; effective thirtieth day thereafter (Register
79, No. 43).
§ 2731. Absconders from California.

(B) Located Outside California.
1. General. If the absconder is located in another
jurisdiction the board at the central office calendar shall
determine whether the parolee should be discharged, referred
for supervision in the other jurisdiction or scheduled for
revocation proceedings as provided in this subsection. The
department report may contain any of these as
recommendations.

(a) Reporting. P&CSD shall report to the local board at the
central office calendar any parolee who absconds. A parolee
absconds when the parolee leaves California without
permission, does not return to California after leaving with
permission or has not been available for contact for thirty
days. An absconder report shall be submitted whenever
P&CSD is aware that a parolee has absconded although the
parolee may be in the custody of another jurisdiction and the
parolee's location known at the time the report is submitted.
The report shall indicate the date the parolee absconded or the
date P&CSD determined the parolee absconded.

2. Discharge. After reviewing the case the board may
decide to waive the remaining period of parole. This shall be
accomplished by reinstating the parolee on parole the date of
the board action and waiving the remaining period of parole.
3. Out of State Referral. In determining whether the
absconder shall be referred for supervision in the other
jurisdiction, the board shall consider the following
information: the parolee's employment history and stability;
the parolee's residential pattern; the parolee's family and
community relationships; the parolee's record of absconding
from parole.

(b) Board Action. When an absconder report is submitted, the
board at the central office calendar shall review the report and
suspend parole. The date of suspension shall be the date the
parolee left California, the date the parolee should have
returned to California if out of state with permission, or the
date P&CSD determined he absconded. The parole period
stops running the date of suspension. The suspend action
authorizes the board to issue a warrant for the parolee's arrest
if the parolee's whereabouts are unknown or to place a
California detainer if he is in the custody of another
jurisdiction.

If the parolee is referred for supervision in the other
jurisdiction the parolee shall be reinstated and the parole
period shall recommence on the date the board orders the
parolee referred.
4. Revocation Proceedings Scheduled.
a. No Criminal Prosecution. If the parolee is not
undergoing criminal prosecution in the other state the board
shall order the parolee returned to California for revocation
proceedings. The parolee shall be reinstated on parole
effective the date the parolee waived extradition or the date
the court ordered the parolee extradited if he contested
extradition. The parole period commences on the effective
date of reinstatement.

(c) Absconder Located.
(1) Reporting. P&CSD shall report to the board at the
central office calendar when an absconder is located. If the
absconder is located in California the report shall indicate the
date the parolee was located or arrested, whichever is earlier,
and the parole period will recommence on that date. If the
absconder is located in another jurisdiction, the parole period
will recommence as provided in subsection (c)(2).

The parolee shall have a revocation hearing upon his return to
California as provided in Article 3 of this Chapter. If the
board orders parole revoked the parolee shall receive credit
on the revocation period for any time in custody after the
effective date of reinstatement.

(2) Board Action.
(A) Located in California. If the absconder is located in
California the provisions of Articles 1-5 shall apply to the
revocation procedures. The board shall reinstate parole
effective the date the parolee is arrested or located, whichever
is earlier. If the board orders parole revoked, the parolee shall
receive credit on the revocation period for any time in
custody after the date the parolee is arrested or located,
whichever is earlier. If the parolee is arrested under an alias,
the reinstatement and credit for time in custody shall

b. Criminal Prosecution. If the parolee is undergoing
criminal prosecution in the other state and waives extradition,
department staff shall notify him that he may unconditionally
waive the revocation hearing (s 2651). If the parolee waives
the hearing the board action shall include a reinstate action to
reinstate the parole period effective the date of the in absentia
hearing. If the board orders parole revoked the parolee shall

128 

TITLE 15

Board of Parole Hearings 

receive credit on the revocation period for any time in
custody after the effective date of reinstatement.

temporary leave or the date the interstate unit determined he
absconded. The parole period stops running on the date of the
suspension. The suspend action authorizes the board to issue
a warrant for the parolee's arrest if the parolee is in the
custody of another jurisdiction.

If the parolee does not waive extradition or does not waive
the revocation hearing he shall have a revocation hearing
upon return to California as provided in Article 3 of this
Chapter. The board shall reinstate parole effective on the later
of: the date the other jurisdiction notifies P&CSD that the
parolee can be returned to California because the criminal
prosecution has terminated; or the date the parolee waives
extradition. The parole period commences on the effective
date of reinstatement. If the board orders parole revoked the
parolee shall receive credit on the revocation period for any
time in custody after the effective date of reinstatement.

(c) Absconder Located.
(1) Reporting. The interstate unit shall report to the board at
the central office calendar when a multijurisdiction absconder
is located.
(2) Board Action. If the parolee is located in the
supervising state the board shall reinstate parole effective the
date he was located. The parole period shall commence on
the effective date of reinstatement. The board shall also
determine whether to order revocation proceedings or
continue the parolee on parole. If the board orders revocation
proceedings the procedures in Section 2733 shall apply.

When the prosecution terminates, the board shall review the
decision to revoke or to schedule for revocation in light of the
disposition at the criminal proceedings. The board may
reaffirm its earlier action, discharge the parolee, or modify
the revocation period, if any.

If the parolee is located in California, the board shall reinstate
parole on the date of his arrest or location in California,
whichever is earlier. All the procedures of Article 1-5 shall
apply to revocation procedures in this case.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3057, 3059, 3060, and 3064, Penal Code.
HISTORY

If the parolee is located in a state other than California or the
supervising state the procedures of Section 2731(c)(2) shall
apply.

1. Amendment of subsection (c)(2)(B) filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsections (c)(2)(A) and (c)(2)(B)4 filed
5-28-81; effective thirtieth day thereafter (Register 81, No.
22).
§ 2732. Multijurisdiction Parolees Who Abscond.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Sections 3057, 3059, 3060, 3064, Penal Code.
§ 2733. Multijurisdictional Parolees: Revocation.
(a) General. The board may revoke the California parole of
any cooperative or concurrent parolee. Unless otherwise
provided by law, the 180-day or one year maximum
confinement pursuant to revocation shall be computed from
the date the other jurisdiction places a parole hold for
California.

(a) Reporting. When the interstate unit receives information
that a multijurisdiction parolee has absconded, a report shall
be submitted to the board at the central office calendar.A
multijurisdiction parolee absconds when he leaves the
supervising state without permission, he does not return to the
supervising state after leaving with permission, or he is
unavailable for contact in the supervising state for more than
thirty days.

(b) Reporting Parole Violations. The interstate unit shall
report to the board at the central office calendar any parolee
who is reasonably believed to have engaged in any of the
conduct listed in Section 2616 or who falls into the criteria of
Section 2601. The provisions of Sections 2617-2620 apply to
the submission of reports for multijurisdiction parolees.

An absconder report shall be submitted whenever it is clear
that the parolee absconded although he is in custody or his
location is known at the time the report is submitted. The
report shall indicate the date the parolee absconded or the
date the Interstate Unit determined he absconded.

(c) Board Action.
(1) Issue Warrant. The board shall review the information
to determine if a warrant should be issued to place or retain
the parolee in custody. In making the warrant decision the
board shall consider the factors listed in Sections 2601 and
2602.

(b) Board Action. When an absconder report is submitted, the
board at the central office calendar shall review the report and
suspend parole. The date of suspension shall be the date the
parolee left the supervising state, the date the parolee should
have returned to the supervising state if he was granted a

129 

TITLE 15

Board of Parole Hearings 

(2) Revocation Proceedings. The board shall review the
information to determine whether the parolee should be
scheduled for revocation proceedings or continued on parole.

absence of a new conviction under other provisions of law,
shall not exceed 180 days, except as provided in Section
2742, or as otherwise provided by law.

If the parolee is scheduled for revocation proceedings the
provisions of Section 2641 apply. If the parolee does not
waive the revocation hearing or requests a hearing after a
conditional waiver, the interstate unit will arrange for
officials of the receiving state to conduct a revocation
hearing. The receiving state's recommendations as to good
cause shall be referred to the board. The receiving state may
make any recommendation listed in Section 2645. The board
shall review the other state's recommendation and make the
decision concerning good cause.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 3056, 3057, 3060 and 3060.5, Penal
Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section
11346.1(g) (Register 89, No. 8).

If the decision is to return the parolee to custody, the parolee
shall be returned to California as soon as possible if he is not
undergoing criminal prosecution in the receiving state. If he
is undergoing criminal prosecution, the parolee shall be
retained in custody under a parole hold in the other state.
When the criminal prosecution terminates, the board shall
review the case to determine whether the parolee should be
returned to California to complete any time remaining on the
revocation time, the revocation order should be modified to
the amount of time already served, or the parolee should be
discharged. The California hold will be retained for no longer
than 180 days or one year, as set forth in Section 2606, from
the date the hold was placed.

3. New section filed 2-1-89; operative 2-1-89 (Register 89,
No. 8).
4. Amendment of section and Note filed 8-29-2012; operative
9-28-2012 (Register 2012, No. 35).
§ 2741. Release to Parole.
Following a return to custody term of confinement pursuant
to a parole revocation or a parole revocation extension, and
without a new commitment to prison, a parolee shall be
released to parole for a period which shall not extend beyond
that portion of the maximum statutory period of parole
specified by Penal Code Section 3000 which was unexpired
at the time of each revocation.

Note: Authority cited: Sections 3040, 3052 and 5076.2, Penal
Code. Reference: Sections 3056, 3057, 3060 and 3064, Penal
Code.

Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3057, Penal Code.
HISTORY

HISTORY

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

1. Amendment of subsection (a) filed 1-25-79; effective
thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).

2. Repealed by operation of Government Code Section
11346.1(g) (Register 89, No. 8).

3. Amendment of subsections (a) and (c)(2) and Note filed 829-2012; operative 9-28-2012 (Register 2012, No. 35).
§ 2740. Parole Revocation Maximum Term.

3. New section filed 2-1-89; operative 2-1-89 (Register 89,
No. 8).
§ 2742. Parole Violation Extension Procedures.

(a) Parole Hold/Discovery Date Prior to October 1, 2011.
Confinement pursuant to a revocation of parole, in the
absence of a new conviction and commitment under other
provisions of law, shall not exceed 12 months, except as
provided in Section 2742, or as otherwise provided by law.

(a) General. Notwithstanding the provisions of Section 2740,
the board may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for
subsequent acts of misconduct committed by the parolee
while confined pursuant to that parole revocation.

(b) Parole Hold/Discovery Date On or After October 1, 2011.
Confinement pursuant to a revocation of parole, in the

(b) Reportable In-Custody Misconduct. Upon discovery of a
parolee's misconduct, the institution or county jail/holding

Article 9. Parole Revocation Extension Procedures

130 

TITLE 15

Board of Parole Hearings 

facility staff will determine whether or not the conduct is
reportable to the Board of Prison Terms as conduct for which
revocation custody time may be extended under Penal Code
Section 3057(c).

the reviewer believes that upon presentation of additional
evidence a good cause finding could be made, the matter will
be scheduled for a revocation extension hearing and the
commissioner or deputy commissioner shall notify P&CSD
that additional evidence must be obtained and provided for
the revocation extension hearing.

(c) Reporting. CDC/county jail staff shall present the
parolee's misconduct to the Board of Prison Terms. Reports
of misconduct shall be forwarded whether or not the
underlying conduct has been adjudicated by CDC.

(g) Optional Waivers. A parolee may sign an optional waiver
under section 2641(b) in cases where criminal charges are
pending relating to the same conduct. Upon disposition of the
criminal charges, the parolee may request a hearing or sign an
unconditional waiver.

Institutional staff shall prepare and present their cases to any
available deputy commissioner or commissioner for
screening and disposition of the case at the institution where
the parole violator is housed.

(h) Scheduling. All cases requiring an extension hearing shall
be scheduled promptly in order to maintain the availability of
witnesses. When the revocation release date has been
extended pending a hearing, the hearing shall be conducted
prior to the extended revocation release date or the
misconduct charges will be dismissed.

County jail cases will be forwarded to the regional
headquarters, P&CSD, where they will be presented to a
deputy commissioner or commissioner for screening and
disposition.
(d) Extension Pending Hearing. In any misconduct case in
which the parolee is within 45 days of his/her re-release date,
and where there is no deputy commissioner or commissioner
personally available, staff shall report the misconduct by
telecopier to the board central office calendar for immediate
action requesting that the parolee's re-release date be
extended for a period not to exceed 30 days for misconduct
punishable as a serious disciplinary offense or for a period
not to exceed 45 days for misconduct punishable as a
misdemeanor or felony. The signature of one commissioner
or deputy commissioner shall be required to order the
extension pending revocation extension proceedings.

(i) Rights. Parolees pending a revocation extension hearing
will be afforded the same rights as parolees pending
revocation hearings.
(j) Transfer Pending Hearing. Parolees scheduled for
revocation extension hearings shall not be transferred from
the institution prior to the hearing.
(k) Disposition.
(1) Multiple Misconduct Charges. Multiple misconduct
charges shall be assessed consecutive to each other, and shall
not exceed 12 months for all misconduct during one parole
revocation period.

(e) Urgent Extension Pending Hearing. In those instances
wherein the act of misconduct takes place immediately prior
to release or during such time as the Board of Prison Terms is
closed (holidays, weekends, evenings, etc.), and the release of
the parolee/inmate would otherwise take place without an
action by the board, staff may contact authorized BPT
employees by phone and these persons may order that the
parolee's release be extended without written order. Any
telephonic extension so ordered shall be confirmed by the
person ordering it in writing on the next working day.

(2) Disciplinary Rule Violation Schedule. When a hearing
panel makes a good cause finding that a prisoner has
committed an act of misconduct which is subject to
punishment pursuant to Penal Code Section 3057, the hearing
panel may assess additional time to the prisoner's parole
revocation period in accordance with the following schedule:
(A) Felonies. Upon a finding of good cause that a
prisoner, confined pursuant to a parole revocation, has
committed an act of misconduct punishable as a felony,
whether or not prosecution is undertaken, the board may
assess from 0-180 days of additional revocation time.

(f) Screening. Screening (offering and accepting stipulated
dispositions) shall be conducted by one deputy commissioner
or commissioner and an extension period offered
commensurate with the degree of seriousness of the
misconduct. If the parolee accepts the revocation extension
offer, he/she shall sign an unconditional waiver, under the
provisions of section 2641(a). In cases where there is
insufficient information to support a good cause finding but

Acts of misconduct which are punishable as felonies include
the following:
1. Murder, manslaughter or attempted murder.
2. Aggravated assault by prisoner.
3. Possession or manufacture of any firearm, deadly
weapon, or explosive device (includes any sharp instrument).

131 

TITLE 15

Board of Parole Hearings 

4. Battery on non-prisoner by prisoner.

27. Commission of any felony offense not otherwise
mentioned in this schedule.

5. Assault with a deadly weapon or caustic substance.

(B) Misdemeanors. Upon a finding of good cause to
believe that a prisoner, confined pursuant to a parole
revocation, has committed an act of misconduct punishable as
a misdemeanor, whether or not prosecution is undertaken, the
board may assess from 0-90 days of additional revocation
time.

6. Rape, Sodomy or oral copulation accomplished
against victim with force.
7. Arson involving the burning of a structure.
8. Possession of flammable explosive or combustible
material with intent to burn any structure or property.
9. Solicitation of murder, assault with a deadly weapon
by means of force likely to produce bodily injury, arson, or a
forcible sex act.

Acts of misconduct which are punishable as misdemeanors
include the following:
1. Participating in a riot, rout or unlawful assembly.

10. Taking of a hostage.

2. Inciting a riot.

11. Escape or attempted escape, with force.

3. Indecent exposure.

12. Escape from any prison, institution, camp or reentry facility.

4. Battery on a prisoner in which no serious bodily
injury is inflicted and no weapon is used.

13. Escape or attempted escape without force from a
prison, institution, camp or re-entry facility.

5. Theft or embezzlement involving funds or property
with a value less than $400.

14. Willful and intentional destruction of public
property valued in excess of $400 in a state prison or county
jail.

6. Intentional destruction of state property valued at
less than $400.
7. Consensual participation in an act of sodomy or oral
copulation.

15. Conspiracy to commit any felony or misdemeanor
offense.

8. Gambling in any prison, institution, camp or reentry facility.

16. Assault or battery on a peace officer, not involving
the use of a weapon.

9. Commission of any misdemeanor offense not
otherwise mentioned in this schedule.

17. Furnishing equipment or aiding and abetting an
escape or escape attempt.

(C) Serious Disciplinary Offenses. Upon a finding of
good cause to believe that a prisoner, confined pursuant to a
parole revocation, has committed an act of misconduct
defined as a serious rule violation pursuant to Section 3315,
the board may assess from 0-30 days of additional revocation
time.

18. Extortion.
19. Bribery.
20. Solicitation of extortion, bribery or forgery.
21. Arson of land or property of another not involving
a structure.

Serious disciplinary offenses include but are not limited to
the following:

22. Forgery, falsification or alteration of any official
record or document prepared or maintained by the department
which could affect a term of imprisonment.

1. Any act committed by a prisoner is a serious
disciplinary offense if the act or action of the prisoner is an
act of force or violence against another person, a breach of or
presents a threat to institution security, a serious disruption of
institution operations, the introduction or use of dangerous
contraband or controlled substances or an attempt to commit
any such act coupled with a present ability to carry out the
threat or attempt if not prevented from doing so.

23. Possession of any narcotic, drug or controlled
substance in a re-entry facility.
24. Manufacture of alcohol.
25. Possession of any alcoholic beverage or
intoxicating substance, in any prison, institution or camp
including a re-entry facility.
26. Possession of any container, device, contrivance,
instrument or paraphernalia intended for unlawfully injecting
or consuming narcotics, drugs or alcoholic beverages.

2. Any act of misconduct which is reportable to the
Board of Prison Terms.

132 

TITLE 15

Board of Parole Hearings 

3. Intentional destruction of state property valued at
$50 or more, or intentional damage to state property requiring
more than $50 to repair or replace.

3. New section filed 2-1-89; operative 2-1-89 (Register 89,
No. 8).

Article 10. Worktime Credits

4. Hideout or preparation to escape.

§ 2743. Worktime Credits.

5. Possession of escape paraphernalia.

(a) Parole Revocation Terms: Parole Hold/Discovery Date
Prior to October 1, 2011 with a Revocation Period.

6. Possession of money in an amount of five dollars or
more without proper authorization.

(1) Except for those parolees falling within the guidelines
of Section 2744, any revocation period imposed pursuant to
Section 2740 may be reduced in the same manner and to the
same extent as the term of imprisonment may be reduced by
worktime credits under Penal Code Section 2933. Worktime
credit must be earned and may be forfeited pursuant to the
provisions of Penal Code Section 2932.

7. Acts of disobedience or disrespect which by reason
of intensity or context create a potential for violence or mass
disruptive behavior.
8. Willfully inciting or attempting to incite other
persons to commit an unlawful act of force or violence.
9. Refusal or failure to perform work or participate in
programs as ordered or assigned.

(2) Worktime credit forfeited shall not be restored.
(3) Detention in a county jail facility or community
correctional facility shall result in the application of time
credits equal to those provided in Penal Code Section 2931.

10. Participation in a strike or work stoppage.
11. Mail or visiting violations that create a threat to the
safety of any individual or to institutional security, including
the introduction of dangerous contraband or a controlled
substance, or the obtaining or attempt to obtain a family visit
by falsification of information.

(b) Parole Revocation Terms: Parole Hold/Discovery Date
On or After October 1, 2011 with a Revocation Period Where
the Parolee is Housed in a City or County Facility. On and
after October 1, 2011, except for those parolees falling under
the guidelines of subdivision (c), for parolees housed in a
county or city jail, industrial farm, or road camp, a revocation
period imposed pursuant to Section 2740 may be reduced in
credits under Penal Code Section 4019.

12. The throwing of any liquid or solid substance on a
nonprisoner.
13. Unauthorized possession of official departmental
records or documents which could affect any prisoner's
sentence.

(c) Parole Revocation Terms: Parole Hold/Discovery Date
On or After October 1, 2011 with a Revocation Period for
Life Inmates. Except for those parolees falling within the
guidelines of Section 2744, any revocation period imposed
pursuant to Section 2740 for an inmate with a life term
housed in state prison may be reduced in the same manner
and to the same extent as the term of imprisonment may be
reduced by worktime credit under Penal Code Section 2933.
Worktime credit must be earned and may be forfeited
pursuant to the provisions of Penal Code Section 2932. This
shall apply to life inmates who do not meet the criteria for a
hearing pursuant to Penal Code Section 3000.1. This shall
also apply to life inmates who do meet the criteria for a
hearing pursuant to Penal Code Section 3000.1, but only in
the event the disposition of the 3000.1 hearing is for a
specific parole revocation period.

14. Refusal to submit to a test for controlled
substances.
15. Late return or failure to return from authorized
temporary release.
16. A pattern of administrative rule violations
indicating significant maladjustment, which violations are of
increasing seriousness or are of special significance in light
of an existing release date.
17. Involvement in a conspiracy to do any or all of the
above.
Note: Authority cited: Section 5076.2, Penal Code.
Reference: Section 3057, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 2932, 2933, 3000.1, 3056, 3057 and
4019, Penal Code.

2. Repealed by operation of Government Code Section
11346.1(g) (Register 89, No. 8).

HISTORY

133 

TITLE 15

Board of Parole Hearings 

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

(e) parolees who the Board of Prison Terms finds at a
revocation hearing to be unsuitable for reduction of the
period of confinement because of the circumstances and
gravity of the parole violation, or because of prior criminal
history.

2. Repealed by operation of Government Code Section
11346.1(g) (Register 89, No. 8).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Section 3057, Penal Code.

3. New section filed 2-1-89; operative 2-1-89 (Register 89,
No. 8).

HISTORY

4. Editorial correction adding HISTORY Nos. 2 and 3
(Register 89, No. 30)

1. New section filed 12-7-87 as an emergency; operative 127-87 (Register 87, No. 50). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency
language will be repealed on 4-6-88.

5. Amendment of section and Note filed 8-29-2012; operative
9-28-2012 (Register 2012, No. 35).
§ 2744. Non-Eligibility for Worktime Credits.

2. Repealed by operation of Government Code Section
11346.1(g) (Register 89, No. 8).

In addition to and in accordance with Section 2733, parolees
with a Parole Hold/Discovery Date prior to October 1, 2011,
and life term inmates on and after October 1, 2011, who meet
the following criteria are not eligible for worktime credits:

3. New section filed 2-1-89; operative 2-1-89 (Register 89,
No. 8).
4. Amendment of section and Note filed 8-29-2012; operative
9-28-2012 (Register 2012, No. 35).

(a) parolees who are sentenced under Penal Code Section
1168 with a maximum term of life imprisonment.

Chapter 7. Executive Clemency

(b) parolees who violate a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole out-patient clinic, or psychiatric
attention.

Article 1. Certificate of Rehabilitation [Repealed]
HISTORY
1. Repealer of Article 1 (Sections 2800-2807) filed 8-12-82;
effective thirtieth day thereafter (Register 82, No. 33).

(c) parolees who were revoked for conduct described in, or
that could be prosecuted under, any of the following sections
whether or not prosecution is undertaken: Penal Code Section
189, Section 191.5, subdivision (a) of Section 192,
subdivision (a) of Section 192.5, Sections 203, 207, 211, 215,
217.1 or 220, subdivision (b) of Section 241, Section 244,
paragraph (1) or (2) of subdivision (a) of Section 245,
paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of
Section 289, 347, or 404, subdivision (a) of Section 451,
Sections 12022, 12022.5, 12022.53, 12022.7, 12022.8, or
25400, Chapter 2 (commencing with Section 29800) of
Division 9 of Title 4 of Part 6, any provision listed in Section
16590, or Section 664 for any attempt to engage in conduct
described in or that could be prosecuted under any of the
above-mentioned sections.

This database is current through 7/3/15 Register 2015, No. 27

Article 2. Traditional Pardon Procedures
§ 2815. General.
The procedures in this article apply to persons sentenced to
life imprisonment without possibility of parole, to persons
residing outside of California, and to persons discharged or
released on parole before May 13, 1943.
§ 2816. Application Direct to Governor.
(a) Persons Eligible. The following persons shall apply
directly to the Governor: persons residing outside California,
persons discharged or released on parole prior to May 13,
1943, and persons serving sentences of life imprisonment
without possibility of parole who have suffered more than
one felony conviction.
(b) Board Investigation. Upon request of the Governor the
board shall investigate and report on any application for
reprieves, pardons and commutations of sentence. The board
shall consider the application, the transcripts of judicial
proceedings and all documents submitted with the
application. Investigators for the board may take testimony,
examine witnesses under oath and take all action necessary to

(d) parolees who were revoked for any reason if they had
been granted parole after conviction of any of the offenses
specified in Section 2744(c).

134 

TITLE 15

Board of Parole Hearings 

conduct a full and complete investigation of the application.
The board may require the court in which the conviction was
had or the district attorney who prosecuted the action, to
furnish it immediately with a summary of the facts proved at
trial, any other facts relevant to issuing or denying the
pardon, and any recommendations, including the reasons,
concerning granting or denying the pardon.
§ 2817. Board Referral to Governor. [Repealed]

to be made to the Governor regarding pardon and/or
commutation. The recommendation of a majority of the full
board shall be the board's recommendation to the Governor.
If the case was referred by a hearing panel and the board does
not recommend pardon, the board shall not refer the case to
the Governor but shall provide the prisoner with its reasons
for not recommending pardon.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 4801 and 5076.1, Penal Code.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 4801 and 5076.1, Penal Code.

HISTORY

HISTORY

1. New undesignated first sentence and NOTE filed 11-2690; operative 12-26-90 (Register 91, No. 2).

1. Amendment of subsections (e) and (f) and new subsection
(g) filed 4-4-78; effective thirtieth day thereafter (Register 78,
No. 14).

2. Amendment filed 12-20-93; operative 1-19-94 (Register
93, No. 52).
§ 2819. Governor's Action. [Repealed]

2. Amendment of subsection (b) filed 8-12-82; effective
thirtieth day thereafter (Register 82, No. 33).

HISTORY

3. Repealer of subsection (c) and relettering of subsections
(d)-(g) to subsections (c)-(f) filed 12-22-82 by OAL pursuant
to Government Code Section 11349.7(j) (Register 82, No.
52).

1. Repealer filed 3-7-84; effective thirtieth day thereafter
(Register 84, No. 10).

4. Repealer of subsection (f) filed 3-7-84; effective thirtieth
day thereafter (Register 84, No. 10).

§ 2830. Recommendation to Governor or Other Action.

Article 3. Battered Woman Syndrome;
Commutation or Court Referral
Upon referral from the Executive Officer, a Commissioner, or
a Deputy Commissioner, the Board shall investigate cases
with information or evidence that the prisoner suffered
Battered Woman Syndrome (BWS), as defined in section
2000(b), to determine whether the criminal behavior was the
result of that victimization. If the investigation substantiates
that the criminal behavior was the result of that victimization,
the Board shall then decide whether further action, which
may include a recommendation to the Governor that the
prisoner's sentence be commuted pursuant to Penal Code
section 4801, or a referral of the case back to the court
pursuant to Penal Code section 1170(d), is appropriate. Board
staff shall document the results of investigations from all
referrals.

5. Amendment filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
6. Amendment of subsections (a) and (b) and Authority Note,
repeal and new subsections (c)-(e), and new subsections (f)(h) filed 11-26-90; operative 12-26-90 (Register 91, No. 2).
7. Repealer filed 12-20-93; operative 1-19-94 (Register 93,
No. 52).
§ 2817.1. Board Hearing, Clemency. [Repealed]
Note: Authority cited: Sections 3052 and 5076.2, Penal Code.
Reference: Sections 4801 and 5076.1, Penal Code.
HISTORY
1. New section filed 11-26-90; operative 12-26-90 (Register
91, No. 2).

Note: Authority cited: Sections 3052 and 5076.2(a), Penal
Code. Reference: Sections 1170(d), 4801, 5075.5 and 5076.1,
Penal Code.

2. Repealer filed 12-20-93; operative 1-19-94 (Register 93,
No. 52).
§ 2818. Board Recommendation.

HISTORY

Prior to en banc consideration the executive officer shall
assign a deputy commissioner or the chief investigator or his
or her designee to complete a background investigation and
submit a written report.

1. New article 3 (section 2830) and section filed 3-16-2001 as
an emergency; operative 3-16-2001 (Register 2001, No. 11).
A Certificate of Compliance must be transmitted to OAL by
7-16-2001 or emergency language will be repealed by
operation of law on the following day.

In all cases referred to the board for investigation by the
Governor, the full board shall consider the recommendation

135 

TITLE 15

Board of Parole Hearings 

2. Certificate of Compliance as to 3-16-2001 order
transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register
2001, No. 34).

(2) The gravity of the commitment offense;
(3) The prior criminal history of the prisoner;
(4) The health of the prisoner;

Chapter 10. Foreign Prisoner Transfer

(5) The family, social, or other ties of the prisoner to the
sentencing state and the receiving nation; and

§ 2870. Foreign Prisoner Transfer.
The Chairman of the Board of Prison Terms, as the
Governor's designee, has been given the authority to approve
or disapprove foreign prisoner transfers under the Convention
on the Transfer of Sentenced Persons pursuant to
Government Code section 12012.1. Any prisoner wishing to
transfer to his/her country of citizenship must submit a
written request to the Chairman.

(6) The relevant law within the receiving nation for the
criminal offense committed by the prisoner, including
sentencing guidelines.
Note: Authority cited: June 9, 1999 Delegation of Authority
from Governor Davis to Chairman James Nielsen and the
Board of Prison Terms. Section 12012.1, Government Code.
Reference: Section 12012.1, Government Code. The
Convention on the Transfer of Sentenced Persons, 22 I.L.M.
530 (1983).

(a) Requests. As a part of the request for transfer, the prisoner
must request that the receiving nation submit a letter directly
to the Chairman stating an intention to accept the transferred
prisoner and indicating the receiving nation's intentions
regarding the incarceration of the prisoner. These indications
should include such information as the intended duration of
the prisoner's sentence in that country and the parole
programs available for the prisoner upon his release. Once the
Chairman has received the prisoner's written request and the
receiving nation's letter of intent, the following factors will be
considered and a decision rendered.

HISTORY
1. New chapter 10 (section 2870) and section filed 6-18-99 as
an emergency; operative 6-18-99 (Register 99, No. 25). A
Certificate of Compliance must be transmitted to OAL by 1018-99 or emergency language will be repealed by operation
of law on the following day.
2. Certificate of Compliance as to 6-18-99 order transmitted
to OAL 8-24-99 and filed 10-5-99 (Register 99, No. 41).

(b) Factors Considered. In making a decision on the transfer
of a sentenced person, factors to be considered include, but
are not limited to, the following:
(1) The possibility of the transfer contributing to the
prisoner's social rehabilitation;

136