Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 2 - Board of Parole HearingsChapter 3 - Parole Release
Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners
Section 2270 - Subsequent Parole Hearing

Cal. Code Regs. tit. 15 § 2270

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Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 2270 - Subsequent Parole Hearing
(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).
(b) Scheduling. This hearing shall be scheduled as provided in Penal Code Section 3041.5.
(c) Denial Lengths. Upon a decision to deny parole, the panel shall schedule the inmate's next parole consideration hearing as follows:
(1) The panel must first consider a fifteen-year denial. The panel shall schedule the inmate's next hearing in fifteen years unless the panel finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim's safety does not require a more lengthy period of incarceration than ten additional years;
(2) If the panel finds by clear and convincing evidence that the inmate does not require a more lengthy period of incarceration than ten years, the panel must next consider a ten-year denial. The panel shall schedule the inmate's next hearing in ten years unless the panel finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim's safety does not require a more lengthy period of incarceration for the inmate than seven additional years;
(3) If a panel finds by clear and convincing evidence that the inmate does not require a more lengthy period of incarceration than seven years, the panel must consider a denial length of seven, five, or three years. The panel shall schedule the inmate's next hearing in three years, five years, or seven years after considering the criteria relevant to the decision denying parole.
(d) 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.
(e) 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.

Cal. Code Regs. Tit. 15, § 2270

1. Amendment of subsection (a) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsections (a) and (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsection (e) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
5. Amendment of subsection (c) filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
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 2-19-88 (Register 88, No. 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.
9. Certificate of Compliance as to 3-14-95 order, including amendment of subsections (e)-(f), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
10. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).
11. Amendment filed 3-21-2022; operative 7-1-2022 (Register 2022, No. 12).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7, 3042, 5075 and 5076.1, Penal Code.

1. Amendment of subsection (a) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsections (a) and (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsection (e) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
5. Amendment of subsection (c) filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
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 2-19-88 (Register 88, No. 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.
9. Certificate of Compliance as to 3-14-95 order, including amendment of subsections (e)-(f), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
10. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).
11. Amendment filed 3-21-2022; operative 7/1/2022 (Register 2022, No. 12).