Section 2449.31 - Jurisdictional Review(a) Within 15 calendar days of a referral from the Department under Section 3497 of Division 3 of this title, a hearing officer shall review the inmate's case and determine whether the board has jurisdiction to schedule the inmate for an initial parole consideration hearing.(b) The board has jurisdiction to schedule the inmate for a parole consideration hearing under Section 2449.32 if both of the following are true: (1) The inmate is eligible for a parole consideration hearing under section 3496 of Division 3 of this title; and(2) The inmate has not previously been scheduled for a parole consideration hearing under any other provision of law and is not eligible for a parole consideration hearing under any other provision of law during the 12 months following the date of the referral screening under Section 3497 of Division 3 of this title.(c) If the hearing officer determines the board does not have jurisdiction to schedule the inmate for a parole consideration hearing, he or she shall issue a written decision that includes a statement of reasons supporting the decision. 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.(d) If the hearing officer determines the board has jurisdiction to schedule the inmate for an initial parole consideration hearing, the board shall schedule the inmate for a parole consideration hearing as provided in Section 2449.32.(e) Inmates may seek review of decisions issued under this section by writing the board in accordance with Section 2449.34 within 30 calendar days of being served the decision. Decisions issued 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, § 2449.31
1. New 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or emergency language will be repealed by operation of law on the following day.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 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency language will be repealed by operation of law on the following day.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). Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a).
1. New 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 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).