Section 2449.40 - Elderly Inmate Defined(a) An elderly inmate is an inmate who meets all of the following criteria for Statutory Elderly Parole:(1) is fifty years of age or older;(2) has served a minimum of 20 years of continuous incarceration on the inmate's current sentence;(3) is currently serving a determinate or indeterminate sentence with the possibility of parole;(4) was not sentenced pursuant to Penal Code sections 1170.12 or 667, subdivisions (b) through (i);(5) was not convicted of first-degree murder of a peace officer, as defined in Penal Code section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer, engaged in the performance of their duties; and(6) was not convicted of first-degree murder of a peace officer or former peace officer under any of the above-enumerated Penal Code sections listed in subsection (a)(5), who was intentionally killed in retaliation for the performance of their official duties.(b)(1) For purposes of this section, "continuous incarceration" means an uninterrupted period of detention in one or more facilities described in Penal Code section 3055, subdivision (b).(2) The department's Correctional Case Records Services determines the date detention begins and what constitutes a break in detention for purposes of calculating when an inmate qualifies as an elderly inmate, which will be their Elderly Parole Eligible Date (EPED).Cal. Code Regs. Tit. 15, § 2449.40
1. New article 17 (sections 2449.40-2449.43) and 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 667, 1170.12 and 3055, Penal Code; Coleman v. Brown (E.D. Cal. February 10, 2014) No. 2:90-cv-0520, Doc. 2766; and Plata v. Brown (N.D. Cal. February 10, 2014) No. C01-1351, Doc. 2766.
1. New article 17 (sections 2449.40-2449.43) and section filed 7-28-2022; operative 10/1/2022 (Register 2022, No. 30).