Prop 57 - Revision history

Sysop at 02:42, 25 May 2017

2017-05-25T02:42:15Z

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	:(2) Inmates placed in a SHU, PSU, or in ASU for reasons specified in section 3043.4 shall be placed in workgroup D-2. All other inmates in SHU, PSU, or ASU shall be placed in Work Group D-1 . BMU inmates shall be placed in the appropriate workgroup, as designated by committee. The effective date of both workgroups shall be the first day of placement into SHU, PSU, BMU or ASU.		:(2) Inmates placed in a SHU, PSU, or in ASU for reasons specified in section 3043.4 shall be placed in workgroup D-2. All other inmates in SHU, PSU, or ASU shall be placed in Work Group D-1 . BMU inmates shall be placed in the appropriate workgroup, as designated by committee. The effective date of both workgroups shall be the first day of placement into SHU, PSU, BMU or ASU.
	(f) Community Correctional Center (CCC) transfers. Transfers of inmates approved for a CCC program are considered non-adverse. With the exception of inmates assigned to Work Group F, inmates shall retain their current work group status while en route to a program. Inmates assigned to Work Group F shall revert to Work Group A-1 effective the date removed from the camp or institution fire fighter assignment.		(f) Community Correctional Center (CCC) transfers. Transfers of inmates approved for a CCC program are considered non-adverse. With the exception of inmates assigned to Work Group F, inmates shall retain their current work group status while en route to a program. Inmates assigned to Work Group F shall revert to Work Group A-1 effective the date removed from the camp or institution fire fighter assignment.
	===§ ~~3043~~. Inmate Work Groups===		===Cal. Code Regs., tit. 15, § 3044. Inmate Work Groups===
	(a) Full-time and half-time defined.		(a) Full-time and half-time defined.
	:(1) Full-time work/training assignments normally mean eight (8) hours per day on a five day per week basis, exclusive of meals.		:(1) Full-time work/training assignments normally mean eight (8) hours per day on a five day per week basis, exclusive of meals.

Sysop at 01:45, 25 May 2017

2017-05-25T01:45:58Z

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	(f) A “Nonviolent Parole Eligible Date” is the date on which an inmate who qualifies as a nonviolent offender has served the full term of his or her primary offense, less pre-sentence credits applied by the sentencing court for time served under Penal Code section 2900.5 and any time spent in custody between sentencing and the date the inmate is received by the department.		(f) A “Nonviolent Parole Eligible Date” is the date on which an inmate who qualifies as a nonviolent offender has served the full term of his or her primary offense, less pre-sentence credits applied by the sentencing court for time served under Penal Code section 2900.5 and any time spent in custody between sentencing and the date the inmate is received by the department.

	===§ 2449.2. Notification Process.===		===Cal. Code Regs., tit. 15, § 2449.2. Notification Process.===
	(a)		(a)
	:(1) Within five business days of referral from the department, the board shall notify registered victims and the prosecuting agency or agencies of the inmate's pending nonviolent offender parole consideration and provide an opportunity to submit a written statement.		:(1) Within five business days of referral from the department, the board shall notify registered victims and the prosecuting agency or agencies of the inmate's pending nonviolent offender parole consideration and provide an opportunity to submit a written statement.

Sysop at 01:40, 25 May 2017

2017-05-25T01:40:56Z

Show changes

Sysop: /* Good Time Credits */

2017-05-24T17:11:14Z

Good Time Credits

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	==Good Time Credits==		==Good Time Credits==

			{\| class="wikitable"
			!Status!!Credits under statute!!Credits under current CDC regs\|\|Notes
			\|-
			\|Indeterminate life sentences\|\|0%\|\|
			\|-
			\|Violent offenses\|\|15%\|\|20%
			\|-
			\|Non-violent second- and third-strikers\|\| \|\|33.3%
			\|-
			\|Violent offenses but in fire camp\|\|15%\|\|50%
			\|-
			\|Non violent offenses, no strike priors\|\|
			\|-
			\|Fire camp\|\|66.6%\|\|66.6%
			\|}

	==Regulations regarding Prop 57==		==Regulations regarding Prop 57==

Sysop at 16:51, 24 May 2017

2017-05-24T16:51:58Z

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	'''Proposition 57'', also known as '''The Public Safety and Rehabilitation Act of 2016''' was passed by the voters of California on November 6, 2016, and became effective the following day.		'''Proposition 57''', also known as '''The Public Safety and Rehabilitation Act of 2016''' was passed by the voters of California on November 6, 2016, and became effective the following day. It has two main components, an adult prisoner apart, and a juvenile delinquency part.



	==Good Time Credits==		==Good Time Credits==

Sysop at 16:29, 24 May 2017

2017-05-24T16:29:45Z

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			'''Proposition 57'', also known as '''The Public Safety and Rehabilitation Act of 2016''' was passed by the voters of California on November 6, 2016, and became effective the following day.


	==Good Time Credits==		==Good Time Credits==

Sysop: /* Regulations regarding Prop 57 */

2017-05-24T16:28:13Z

Regulations regarding Prop 57

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 :(4) If the decision will result in the inmate being released two or more years prior to his or her Earliest Possible Release Date, the decision shall require a second signature from an Associate Chief Deputy Commissioner or the board's Chief Hearing Officer.
 (e) Nonviolent offender parole determinations under this section are not subject to the Inmate Appeal Process under division 3, chapter 1, article 8 of this title; however, an inmate may request review of the decision under section 2449.5 of this article.
 '''California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole'''

Sysop: /* Regulations regarding Prop 57 */

2017-05-24T16:27:07Z

Regulations regarding Prop 57

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	(c) The prosecuting agency or agencies include any California district attorney office responsible for prosecuting the inmate, or the State of California Office of the Attorney General if that office was responsible for prosecuting the inmate, for any crimes for which the inmate is currently incarcerated.		(c) The prosecuting agency or agencies include any California district attorney office responsible for prosecuting the inmate, or the State of California Office of the Attorney General if that office was responsible for prosecuting the inmate, for any crimes for which the inmate is currently incarcerated.

			===§ 2449.3. Jurisdictional Review.===
			(a) Once the 30-day notification response period under section 2449.2 has expired, a hearing officer shall review the inmate's case to determine whether the board has jurisdiction to review the inmate for nonviolent offender parole consideration.
			(b) Jurisdiction Defined. For the purposes of this article, the board has jurisdiction to consider an inmate for nonviolent offender parole when:
			:(1) The inmate's Earliest Possible Release Date is greater than or equal to the department's referral date plus 180 days; and
			:(2) The board has confirmed the inmate is eligible for nonviolent offender parole consideration under section 3491 Initial Eligibility Determination and section 3492 Public Safety Screening and Referral in division 3 of this title.
			(c)
			:(1) If the hearing officer determines the board does not have jurisdiction to consider the inmate for nonviolent offender parole, the hearing officer shall issue a written decision with a statement of reasons. The inmate, any victims registered at the time of the referral, and the prosecuting agency that received notice under section 2449.2 shall be notified of the decision.
			:(2) If the hearing officer determines the board has jurisdiction to consider the inmate for nonviolent offender parole, the hearing officer shall conduct a review on the merits under section 2449.4 of this article.
			(d) Board Jurisdiction determinations under this section are not subject to the department's Inmate Appeal Process under division 3, chapter 1, article 8 of this title, but are eligible for review under section 2449.5 of this article.

			===§ 2449.4. Review on the Merits.===
			(a) Upon determination that the board has jurisdiction, a hearing officer shall complete a nonviolent offender parole consideration review on the merits.
			(b) Information considered. The hearing officer shall review and consider all relevant and reliable information about the inmate including, but not limited to:
			:(1) Information contained in the inmate's central file and documented criminal history, including current RAP sheets and any return to prison with a new conviction after being released as a result of this section; and
			:(2) Written statements submitted by the inmate, any victims registered at the time of the referral, and the prosecuting agency or agencies that received notice under section 2449.2.
			(c) Standard of Review. After reviewing the relevant and reliable information, the hearing officer shall determine whether the inmate poses an unreasonable risk of violence to the community. In reaching this determination, the hearing officer shall consider the totality of the circumstances, including the following four factors:
			:(1) The circumstances surrounding the current conviction;
			:(2) The inmate's prior criminal record;
			:(3) The inmate's institutional behavior including both rehabilitative programming and institutional misconduct; and
			:(4) Any input from the inmate, any victims registered at the time of the referral, and the prosecuting agency or agencies that received notice under section 2449.2.
			(d) Nonviolent Offender Parole Determinations.
			:(1) If the hearing officer finds the inmate poses an unreasonable risk of violence, the hearing officer shall deny parole.
			:(2) If the hearing officer finds the inmate does not pose an unreasonable risk of violence, the hearing officer shall approve parole.
			:(3) The hearing officer shall document his or her decision in writing with a statement of reasons. The inmate, any victims registered at the time of the referral, and the prosecuting agency that received notice under section 2449.2 shall be notified.
			:(4) If the decision will result in the inmate being released two or more years prior to his or her Earliest Possible Release Date, the decision shall require a second signature from an Associate Chief Deputy Commissioner or the board's Chief Hearing Officer.
			(e) Nonviolent offender parole determinations under this section are not subject to the Inmate Appeal Process under division 3, chapter 1, article 8 of this title; however, an inmate may request review of the decision under section 2449.5 of this article.

	'''California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole'''		'''California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole'''

Sysop at 16:24, 24 May 2017

2017-05-24T16:24:37Z

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 ==Regulations regarding Prop 57==
 '''California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole'''
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 (f) Any public safety screening or referral eligibility decision under this section is subject to the department's Inmate Appeal Process in accordance with chapter 1, article 8, under this division.
 ==Text of Proposition 57==

Sysop: /* § 3490. Definitions. */

2017-05-24T16:20:26Z

§ 3490. Definitions.

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	(f) A “Nonviolent Parole Eligible Date” is the date on which an inmate who qualifies as a nonviolent offender has served the full term of his or her primary offense, less pre-sentence credits applied by the sentencing court for time served under Penal Code section 2900.5 and any time spent in custody between sentencing and the date the inmate is received by the department.		(f) A “Nonviolent Parole Eligible Date” is the date on which an inmate who qualifies as a nonviolent offender has served the full term of his or her primary offense, less pre-sentence credits applied by the sentencing court for time served under Penal Code section 2900.5 and any time spent in custody between sentencing and the date the inmate is received by the department.

			===§3491. Initial Eligibility Determination.===
			(a) By June 1, 2017, the department shall begin the initial eligibility determination for nonviolent offenders as defined in section 3490.

			(b) Once the department completes the initial eligibility determination for inmates already under the custody of the department, it shall complete the initial eligibility determination upon an inmate's admission to the department.

			(c) Regardless of a prior initial eligibility determination, the department shall conduct a new eligibility determination whenever a sentencing court issues a new or amended abstract of judgment that changes the inmate's conviction(s) or term(s) of imprisonment.

			(d) The department shall conduct an initial eligibility determination review by completing all of the following steps:
			:(1) The department shall determine if the inmate meets the definition of a nonviolent offender in section 3490, subdivisions (a) and (b), of this article;
			:(2) The department shall identify the primary offense, as defined under section 3490, subdivision (d), of this article; and
			:(3) If the department finds the inmate qualifies as a nonviolent offender, it shall establish the inmate's Nonviolent Parole Eligible Date, as defined under section 3490, subdivision (f), of this article.
			(e) Any initial eligibility determination under this section is subject to the department's Inmate Appeal Process in accordance with chapter 1, article 8, under this division.

			===§ 3942. Public Safety Screening and Referral.===
			(a) Effective July 1, 2017, if an inmate is determined to be an eligible nonviolent offender under section 3490, no later than 35 days prior to the inmate's Nonviolent Parole Eligible Date, the inmate shall be screened to determine whether the inmate is currently eligible for referral to the Board of Parole Hearings for Nonviolent Offender Parole Consideration.

			(b) Public Safety Screening and Referral. An inmate is eligible for referral to the Board of Parole Hearings if all of the following are true:
			:(1) The inmate is not currently serving a Security Housing Unit term and the Institutional Classification Committee has not assessed the inmate a Security Housing Unit term for any Security Threat Group or disciplinary reason within the past five years;
			:(2) The inmate has not been found guilty of a serious Rules Violation Report for a Division A-1 or Division A-2 offense as specified in section 3323, subdivisions (b) and (c) within the past five years;
			:(3) The inmate has not been placed in Work Group C as specified in section 3044, subdivision (b), paragraph (4), in the past year;
			:(4) The inmate has not been found guilty of two or more serious Rules Violation Reports in the past year;
			:(5) The inmate has not been found guilty of a drug-related offense as specified in section 3016 or refused to provide a urine sample as specified in section 3290, subdivision (d), in the past year;
			:(6) The inmate has not been found guilty of any Rules Violation Report in which a Security Threat Group nexus was found in the past year;
			:(7) The inmate's Nonviolent Parole Eligible Date falls at least 180 days prior to the inmate's Earliest Possible Release Date and the inmate will not reach his or her Earliest Possible Release Date for at least 180 days; and
			:(8) The inmate has not subsequently been deemed no longer eligible for the nonviolent offender parole process under sections 3490 or 3491.

			(c) Inmates who are eligible for referral under subdivision (b) shall be referred to the Board of Parole Hearings for parole consideration under the California Code of Regulations, title 15, division 2, chapter 3, article 15.

			(d) If the inmate is not eligible for referral, the inmate shall be screened again one year from the date of his or her last public safety screening under this section until the inmate is released from custody or has been deemed no longer eligible for the nonviolent offender parole process under sections 3490 or 3491.

			(e) Inmates shall be notified of the results of the public safety screening and referral eligibility process and, if deemed eligible for referral to the Board of Parole Hearings, provided information about the nonviolent offender parole process, including the opportunity to submit a written statement to the board.

			(f) Any public safety screening or referral eligibility decision under this section is subject to the department's Inmate Appeal Process in accordance with chapter 1, article 8, under this division.

	==Text of Proposition 57==		==Text of Proposition 57==