Section 2157 - Decision Review(a) An inmate may request review of a decision issued under section 2151, or a review on the merits decision issued under section 2156 by submitting a written request to the board within 30 calendar days of the inmate being served the decision. The inmate's written request shall include a description of why the inmate believes the previous decision was not correct and may include additional information not available to the board at the time the previous decision was issued.(b) The Chief Hearing Officer or an associate chief deputy commissioner may also initiate a review under this section at any time prior to the date of the inmate's next parole consideration hearing if the previous decision contained an error of law, an error of fact, or if the board receives new information that would have materially impacted the previous decision had it been known at the time the decision was issued.(c) A hearing officer, associate chief deputy commissioner, or the Chief Hearing Officer, who was not involved in the original decision, shall complete a review of the decision within 15 business days of the board receiving the request.(d) The hearing officer, associate chief deputy commissioner, or the Chief Hearing Officer reviewing the previous decision shall consider all relevant and reliable information and issue a decision either concurring with the previous decision or overturning the previous decision with a statement of reasons supporting the new decision.(e) A copy of the decision shall be served on the inmate and placed in the inmate's central file within 15 business days of being issued.(f) Within five business days of issuing a decision under this section that overturns a previous decision that determined the board had jurisdiction under section 2151, or a review on the merits decision issued under section 2156, the board shall send notice of the decision to any victim who received notice under section 2155.(g) If a decision under this section overturns a previous decision that determined the board did not have jurisdiction to conduct a review under section 2151 or that determined one or more of the circumstances in section 2154(b) applied, the board shall proceed with the notification process outlined in section 2155. The board shall also conduct a review on the merits under section 2156.(h) Decisions under this section are not subject to the department's inmate appeal process under article 8 of chapter 1 of division 3 of this title.Cal. Code Regs. Tit. 15, § 2157
1. New article 4 (section 2157) and section filed 10-22-2018 as an emergency; operative 10-22-2018 (Register 2018, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (section 2157) and section refiled 4-22-2019 as an emergency; operative 4-22-2019 (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2019 order transmitted to OAL 7-18-2019 and filed 8-30-2019 (Register 2019, No. 35). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.5, Penal Code; and In re Vicks (2013) 56 Cal.4th 274.
1. New article 4 (section 2157) and section filed 10-22-2018 as an emergency; operative 10/22/2018 (Register 2018, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-22-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (section 2157) and section refiled 4-22-2019 as an emergency; operative 4/22/2019 (Register 2019, No. 17). A Certificate of Compliance must be transmitted to OAL by 7-22-2019 or emergency language will be repealed by operation of law on the following day.