Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 3 - Adult Institutions, Programs and ParoleChapter 1 - Rules and Regulations of Adult Operations and Programs
Article 6.6 - Department Recommendation to Recall Sentence and Resentence Incarcerated Person
Section 3076 - Secretary's Authority

Cal. Code Regs. tit. 15 § 3076

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 3076 - Secretary's Authority
(a) Subdivision (a)(1) of Section 1170.03 of the Penal Code authorizes the Secretary to recommend to a sentencing court that the sentence and commitment previously imposed on an incarcerated person be recalled and that the court resentence the incarcerated person for any reason, subject to the Secretary's sound discretion.
(b) Subdivision (e)(1) of Section 1170 of the Penal Code authorizes the Secretary to recommend to a sentencing court that the sentence previously imposed on an incarcerated person be recalled if the criteria found in subdivision (e)(2) of Section 1170 of the Penal Code are satisfied.
(c) The provisions of this article do not apply to condemned incarcerated persons and incarcerated persons sentenced to life without the possibility of parole.

Cal. Code Regs. Tit. 15, § 3076

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170.03, 1170(e) and 5054, Penal Code.

1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (b) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section and Note filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. New article 6.6 heading and repealer and new section filed 12-10-2019 as an emergency; operative 1/1/2020 (Register 2019, No. 50). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.
8. Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.
9. New article 6.6 heading and repealer and new section refiled 10-5-2020 as an emergency; operative 10/10/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.
10. New article 6.6 heading and repealer and new section refiled 5-6-2021 as an emergency; operative 5/11/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be repealed by operation of law on the following day.
11. Repeal of emergency regulation by operation of Government Code section 11346.1(g) and reinstatement of section as it existed prior to 12-10-2019 emergency repeal by operation of Government Code section 11346.1(f) (Register 2022, No. 3).
12. Editorial correction restoring section as it existed prior to 12-10-2019 emergency and amending HISTORY 11 (Register 2022, No. 12).
13. Repealer and new section heading and section and amendment of NOTE filed 8-11-2022; operative 10/1/2022 (Register 2022, No. 32).
14. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).