Section 2449.42 - Elderly Parole Hearings(a) A panel shall conduct an elderly parole hearing in compliance with the requirements for initial and subsequent parole consideration hearings described in this chapter and Penal Code sections 3040, 3041, 3041.5, 3041.7, 3042, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3043.5, 3043.6, 3044, 3046, 3051, 3051.1, and 3055.(b) In considering an elderly inmate's suitability for parole, the hearing panel shall give special consideration to whether the elderly inmate factors described in section 2449.43 of this article have reduced the inmate's risk of future violence. The elderly inmate factors are: (3) diminished physical condition, if any.(c) A hearing panel shall find an elderly inmate suitable for parole unless the panel determines, even after giving special consideration to the elderly inmate factors, that the elderly inmate remains a current, unreasonable risk to public safety. If a hearing panel finds an elderly inmate unsuitable for parole, the hearing panel shall articulate in its decision the elderly inmate factors present and how such factors are outweighed by relevant and reliable evidence that the elderly inmate remains a current, unreasonable risk to public safety.(d) Nothing in this article is intended to alter the rights of victims at parole consideration hearings, including elderly parole hearings.Cal. Code Regs. Tit. 15, § 2449.42
1. New section filed 7-28-2022; operative 10-1-2022 (Register 2022, No. 30). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052, 3055 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3046, 3051 and 3055, Penal Code; and In re Lawrence (2008) 44 Cal.4th 1181, 1213.
1. New section filed 7-28-2022; operative 10/1/2022 (Register 2022, No. 30).