The following definitions apply to the regulations contained in this article.
(a) "Videoconference" means the simultaneous or near simultaneous transmission of audio and video signals by any means between one or more physical locations.(b) "Physical presence" or being "physically present" means specified parties are together at a particular time and place so as to be in view or at hand of each other.(c) "Effective communication" means communication between parties in which each party is able to understand to the best of their abilities both the content and meaning of the other party's statements.(d) "Hearing officer" means a commissioner or deputy commissioner of the board.(e) A "victim" is a person who has registered as a victim with the department's Office of Victim and Survivor Rights and Services.(f) A "victim's next of kin" is a person who has registered as a victim's next of kin with the department's Office of Victim and Survivor Rights and Services.(g) A "member of the victim's family" is a person identified in subdivision (e) of section 3043 of the Penal Code who has registered as a member of the victim's family with the department's Office of Victim and Survivor Rights and Services.(h) A "victim's representative" is a person designated in writing to the department's Office of Victim and Survivor Rights and Services by the victim, or the victim's next of kin if the victim is deceased or incapacitated, to be their representative.(i) A "victim's support person" is a person designated by the victim, victim's next of kin, or members of the victim's family to appear and offer support and is identified in advance of the parole hearing to the department's Office of Victim and Survivor Rights and Services.(j) A "parole hearing" refers to parole consideration, parole reconsideration, and rescission hearings conducted pursuant to sections 3000, 3000.1, or 3041.5 of the Penal Code.(k) A "medical parole hearing" refers to a hearing conducted pursuant to section 3550 of the Penal Code and under Coleman v. Newsom (E.D.Cal. Feb. 10, 2014, No. 2:90-cv-00520-LKK DAD (PC), 2014 WL 2889598, 2014 U.S. Dist. Lexis 17913) and Plata v. Newsom (N.D. Cal., No. 3:01-cv-01351-TEH).(l) A "hearing for an offender with a mental health disorder" refers to a hearing conducted pursuant to subdivision (b) of section 2964 or subdivision (a) of section 2966 of the Penal Code.(m) A "consultation" refers to a meeting conducted pursuant to paragraph (1) of subdivision (a) of section 3041 of the Penal Code.(n) A "proceeding" includes:(2) A medical parole hearing;(3) A hearing for an offender with a mental health disorder; andCal. Code Regs. Tit. 15, § 2051
1. New section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-28-2022 as an emergency, including amendment of subsections (h)-(j), (l) and (n)(3) and amendment of NOTE; operative 3-28-2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-27-2022 order transmitted to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Subdivision (e), section 28, article I, California Constitution; Sections 2964, 2966, 3000, 3000.1, 3041, 3041.1, 3041.5, 3041.6, 3041.7, 3043, 3043.1, 3043.25, 3550 and 5076.1, Penal Code; In re J.G. (2008) 159 Cal.App.4th 1056; Coleman v. Newsom (E.D.Cal. Feb. 10, 2014, No. 2:90-cv-00520-LKK DAD (PC), 2014 WL 2889598, 2014 U.S. Dist. Lexis 17913); and Plata v. Newsom (N.D. Cal., No. 3:01-cv-01351-TEH).
1. New section filed 9-27-2021 as an emergency; operative 9/27/2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-28-2022 as an emergency, including amendment of subsections (h)-(j), (l) and (n)(3) and amendment of Note; operative 3/28/2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6/27/2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-27-2022 order transmitted to OAL 9-26-2022 and filed 11/7/2022 (Register 2022, No. 45).