Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 2 - Board of Parole HearingsChapter 3 - Parole Release
Article 4 - Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners
Section 2268 - Initial Parole Hearing

Cal. Code Regs. tit. 15 § 2268

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 2268 - Initial Parole Hearing
(a) Decision. At the conclusion of the hearing the prisoner shall receive a copy of the proposed decision. If the panel's decision is to grant parole, the proposed decision shall state the conditions which must be met in order to be released and the consequences of a failure to meet such conditions. If the panel decision is to deny parole, the proposed decision shall state that parole has been denied.
(b) Denial Lengths. Upon a decision to deny parole, the panel shall schedule the inmate's next parole consideration hearing as follows:
(1) The panel must first consider a fifteen-year denial. The panel shall schedule the inmate's next hearing in fifteen years unless the panel finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim's safety does not require a more lengthy period of incarceration than ten additional years;
(2) If the panel finds by clear and convincing evidence that the inmate does not require a more lengthy period of incarceration than ten years, the panel must next consider a ten-year denial. The panel shall schedule the inmate's next hearing in ten years unless the panel finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim's safety does not require a more lengthy period of incarceration for the inmate than seven additional years;
(3) If a panel finds by clear and convincing evidence that the inmate does not require a more lengthy period of incarceration than seven years, the panel must consider a denial length of seven, five, or three years. The panel shall schedule the inmate's next hearing in three years, five years, or seven years after considering the criteria relevant to the decision denying parole.
(c) Review. All proposed decisions shall be reviewed as provided in Section 2041. If the decision is approved or modified without a new hearing, the board shall send a copy of the decision to the prisoner within 20 days of the hearing. If a decision to deny parole is approved, the approved decision shall include the panel's reasons for the denial of parole, activities which might be of benefit during imprisonment, and when the prisoner can expect to have another parole consideration hearing. If the decision is disapproved and vacated, a copy of the disapproved decision and the reasons for ordering a new hearing shall be sent to the prisoner within 30 days.

Cal. Code Regs. Tit. 15, § 2268

1. Amendment of subsections (a) and (c) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsections (b), (d) and (e) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Amendment of subsection (a) filed 7-31-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 31).
4. Certificate of Compliance filed 10-27-78 as to 7-21-78 emergency amendment of subsections (b), (d) and (e) (Register 78, No. 43).
5. Amendment of subsection (e) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
6. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsections (a)-(d) and relettering of subsection (e) to subsection (a) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Repealer of subsection (a) designation only (no text change) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Designation of subsection (a), new subsection (b), designation and amendment of subsection (c) and amendment of NOTE filed 3-14-95 as an emergency; operative 3-14-95 (Register 95, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-14-95 order, including amendment of subsection (a), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
12. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).
13. Repealer and new subsection (b) and new subsections (b)(1)-(3) filed 3-21-2022; operative 7-1-2022 (Register 2022, No. 12).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7 and 5076.1, Penal Code.

1. Amendment of subsections (a) and (c) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsections (b), (d) and (e) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Amendment of subsection (a) filed 7-31-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 31).
4. Certificate of Compliance filed 10-27-78 as to 7-21-78 emergency amendment of subsections (b), (d) and (e) (Register 78, No. 43).
5. Amendment of subsection (e) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
6. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsections (a)-(d) and relettering of subsection (e) to subsection (a) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Repealer of subsection (a) designation only (no text change) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Designation of subsection (a), new subsection (b), designation and amendment of subsection (c) and amendment of Note filed 3-14-95 as an emergency; operative 3-14-95 (Register 95, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-14-95 order, including amendment of subsection (a), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
12. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).
13. Repealer and new subsection (b) and new subsections (b)(1)-(3) filed 3-21-2022; operative 7/1/2022 (Register 2022, No. 12).