Cal. Code Regs. tit. 9 § 30867

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 30867 - Rescission of Referral to Parole

The Board may for good cause, after a hearing, rescind a referral to parole.

(a) Criteria for rescission. After referral to parole, institution staff shall initiate rescission proceedings when:

(1) A ward is involved in a serious disciplinary incident.

(2) A serious deterioration has taken place in a ward's mental or emotional status which makes him a danger to himself or other persons.

(3) A ward has been referred to parole in the mistaken belief his confinement time has been exhausted, and who does not meet the standards for referral to parole as set forth in Section 30865.

(b) Protections Afforded a Ward in Rescission Matters. A ward undergoing rescission proceedings shall be entitled to the same protections afforded a ward in parole violation matters as enumerated in Section 4977. As a further protection, where legal counsel is not granted, a ward shall have the right to the assistance of a staff, program volunteer, or ward representative. The choice of a representative shall be that of the ward subject to the same limitations as set forth in Section 30708 with respect to wards undergoing Disciplinary Decision Making System action.

(c) Hearings and Orders.

(1) The rescission hearing shall be held within 30 days of institution staff's determination that the ward meets the criteria for such a hearing.

(2) (Reserved)

(3) A finding of fact shall be based on the preponderance standard of certainty.

Cal. Code Regs. Tit. 9, § 30867

1. Change without regulatory effect renumbering former title 15, section 4968 to new title 9, section 30867, including amendment of subsections (a)(3) and (b), filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).

Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1720, 1765 and 1766, Welfare and Institutions Code.