Section 2453 - Pre-Rescission Hearings(a) Scheduling. If the prisoner is scheduled to be released within 20 days, a criminal prosecution is pending, and the criminal prosecution will not terminate before the scheduled release date, Department staff shall schedule a pre-rescission hearing. The prisoner may waive the pre-rescission hearing. A prisoner who has had or has waived a pre-rescission hearing on any one charge which alone is sufficiently serious to postpone or rescind the release date, is not entitled to a pre-rescission hearing on any other charges.
(b) Time Limits. Pre-rescission hearings should occur before the scheduled release date. Any delay beyond the scheduled release date must be authorized by the Board at the central office calendar.Cal. Code Regs. Tit. 15, § 2453
1. Amendment of section heading and section and new NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2). Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5 and 3060, Penal Code.
1. Amendment of section heading and section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).