Section 2449.30 - DefinitionsFor the purposes of this article, the following definitions shall apply:
(a) An inmate is an "indeterminately-sentenced nonviolent offender" if the inmate was sentenced to an indeterminate term and none of the following are true: (1) The inmate is condemned to death;(2) The inmate is currently incarcerated for a term of life without the possibility of parole;(3) The inmate is currently serving a term of life with the possibility of parole for a "violent felony;"(4) The inmate is currently serving a determinate term prior to beginning a term of life with the possibility of parole for a "violent felony;"(5) The inmate is currently serving an indeterminate term of incarceration for a nonviolent felony offense after completing a concurrent or consecutive determinate term for a "violent felony";(6) The inmate is currently sentenced to a "violent felony" for an in-prison offense; or(7) The inmate has completed an indeterminate term of incarceration and is currently serving a determinate term for an in-prison offense.(b) Notwithstanding subsection (a), an "indeterminately-sentenced nonviolent offender" includes an inmate who has completed a determinate term of incarceration for a "violent felony" and is currently serving an indeterminate term for an in-prison offense that is not a "violent felony."(c) "Violent felony" is a crime or enhancement as defined in subdivision (c) of Section 667.5 of the Penal Code.(d) "Primary offense" means the single crime for which any sentencing court imposed the longest term of imprisonment, excluding all enhancements, alternative sentences, and consecutive sentences. For purposes of determining the primary offense under this section, the term of imprisonment for inmates sentenced to a life term under an alternative sentencing scheme for a nonviolent crime shall be the maximum term applicable by statute to the underlying nonviolent offense.(e) "Full term" means the actual number of days, months, and years for the inmate's primary offense, not including any sentencing credits.(f) A "nonviolent parole eligible date" is the date on which an indeterminately-sentenced nonviolent offender who is eligible for a parole consideration hearing under Section 3496 of Division 3 of this title has served the full term of their primary offense, less any actual days served prior to sentencing as ordered by the court under Section 2900.5 of the Penal Code and any actual days served in custody between sentencing and the date the inmate is received by the Department.(g) A "hearing officer" is a commissioner, deputy commissioner, associate chief deputy commissioner, or the Chief Hearing Officer.Cal. Code Regs. Tit. 15, § 2449.30
1. New article 16 (sections 2449.30-2449.34) and section filed 12-26-2018 as an emergency; operative 1-1-2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 16 (sections 2449.30-2449.34) and section refiled 6-6-2019 as an emergency; operative 6-11-2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10-21-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
4. Amendment of subsection (f) and amendment of NOTE filed 2-28-2022; operative 2-28-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9). Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a); In re Canady (2019) 57 Cal.App.5th 1022; In re Edwards (2018) 26 Cal.App.4th 1181; In re Tate (2006) 135 Cal.App.4th 756; and In re Thompson (1985) 172 Cal.App.3d 256.
1. New article 16 (sections 2449.30-2449.34) and section filed 12-26-2018 as an emergency; operative 1/1/2019 (Register 2018, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 16 (sections 2449.30-2449.34) and section refiled 6-6-2019 as an emergency; operative 6/11/2019 (Register 2019, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-6-2019 order, including amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments effective 10/21/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
4. Amendment of subsection (f) and amendment of Note filed 2-28-2022; operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).