Cal. Code Regs. tit. 15 § 2400
The criteria and guidelines in this article apply to prisoners sentenced to prison for first and second degree murders committed on or after November 8, 1978 and attempted murders where the perpetrator is sentenced for life pursuant to the provisions of Penal Code section 664. The guidelines in this article are based on the public's expressed intent in amending Penal Code sections 190 and 664 that a person convicted of first or second degree murder or attempted murder, as specified, should be incarcerated for an extended period of time.
The prisoner's minimum eligible parole date is established by statute. The amount of good conduct credit that a prisoner sentenced for first or second degree murder may earn to reduce the minimum eligible parole date is established by statute. (Penal Code sections 2930 et seq.) Life prisoners convicted of attempted murder do not earn these credits. The department will determine the minimum eligible parole date. The length of time a prisoner must serve prior to actual release on parole is determined by the board. This article implements Penal Code section 3041 and concerns only the board's exercise of discretion in determining whether a prisoner is suitable for parole and, if so, when the prisoner should be released on parole.
A prisoner committed for first or second degree murder or attempted murder shall have his or her initial parole consideration hearing as provided in § 2268. The prisoner will have documentation hearings as provided in § 2269.1.
Although many of the sections in this article are the same as the sections in Article 5, they are repeated in this article to avoid confusion between the rules applicable to prisoners who committed murders on or before November 7, 1978 and these rules which apply to prisoners who committed murders on or after November 8, 1978, and those who committed specified attempted murders. The suitability criteria are the same for both groups. The provisions for adjusting the terms for other offenses are also different because of the change in Penal Code section 669 which permits courts to impose sentences consecutive to life terms (Stats. 1978, Ch. 579, eff. 1/1/79).
Cal. Code Regs. Tit. 15, § 2400
2. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
5. Change without regulatory effect amending article heading and deleting the words "first degree" where they characterized the criminal offense of attempted murder in order to conform the regulation with the decision of the Supreme Court in People v. Bright (1996) 12 Cal.4th 652, 49 Cal.Rptr.2d 732, in which the court determined that the crime of attempted murder is not divided into degrees, filed 2-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
6. Amendment of article heading, section and NOTE filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of article heading, section and NOTE refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or emergency language will be repealed by operation of law on the following day.
8. Amendment of article heading, section and NOTE refiled 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-6-2005 order transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
10. Change without regulatory effect amending section filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).
Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 182, 190, 664, 2930 et seq., 3040, 3041, 3046 and 5076.1, Penal Code.
2. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
5. Change without regulatory effect amending article heading and deleting the words "first degree" where they characterized the criminal offense of attempted murder in order to conform the regulation with the decision of the Supreme Court inPeople v. Bright (1996) 12 Cal.4th 652, 49 Cal.Rptr.2d 732, in which the court determined that the crime of attempted murder is not divided into degrees, filed 2-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
6. Amendment of article heading, section and Note filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of article heading, section and Note refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or emergency language will be repealed by operation of law on the following day.
8. Amendment of article heading, section and Note refiled 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-6-2005 order transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
10. Change without regulatory effect amending section filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).