Cal. Code Regs. tit. 15 § 2269.1

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2269.1 - Documentation Hearings

(a) General. All life prisoners shall have hearings prior to the minimum eligible parole date.

In order to identify potential cases of Battered Woman Syndrome (BWS), the deputy commissioner or commissioner conducting a documentation hearing shall refer any case to the executive officer in which the prisoner appears to have suffered the effects of BWS as defined in § 2000(b). The purpose of the investigation is to determine whether it appears the criminal behavior was the result of that victimization.

(b) Panel. This hearing shall be conducted by a one person panel and the panel member shall be a commissioner or deputy commissioner.

(c) Scheduling. This hearing shall be scheduled by department staff. The documentation hearing shall be held during the 36th month after the life term starts. Time during which service of the life term is tolled because the prisoner is serving a determinate term shall not be included in determining the scheduling of documentation hearings.

Cal. Code Regs. Tit. 15, § 2269.1

1. New section filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
2. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment of subsections (a) and (b) filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
4. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
5. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No.5).
6. Amendment splitting former subsection (a) into subsections (a)-(a)(1), new subsection (a)(2), and amendment of NOTE filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
8. Amendment of section and NOTE filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
9. Change without regulatory effect amending subsections (a) and (c) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).

Note: Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sections 3040, 3041, 3041.5, 4801 and 5076.1, Penal Code; and In re Stanley (1975) 54 Cal.App.3d 1030.

1. New section filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
2. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment of subsections (a) and (b) filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
4. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
5. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No.5).
6. Amendment splitting former subsection (a) into subsections (a)-(a)(1), new subsection (a)(2), and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
8. Amendment of section and Note filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
9. Change without regulatory effect amending subsections (a) and (c) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).