Section 2253 - Voluntary Waivers, Stipulations of Unsuitability, Postponements, and Continuances(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.(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.(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.(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.(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.(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.(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.(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 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.(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.(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.(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. (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.(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.(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.Cal. Code Regs. Tit. 15, § 2253
1. Renumbering of Section 2253 to Section 2254 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2254 to Section 2253 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (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. 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 9-3-2008; operative 11-1-2008 (Register 2008, No. 36).
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).
7. Governor Newsom issued Executive Order N-36-20 (2019 CA EO 36-20), dated March 21, 2020, which temporarily changed certain provisions relating to the waiver or postponement of parole hearings, due to the COVID-19 pandemic. 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.
1. Renumbering of Section 2253 to Section 2254 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2254 to Section 2253 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (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. 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 9-3-2008; operative 11-1-2008 (Register 2008, No. 36).
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).