Cal. Code Regs. tit. 15 § 3076.3

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

Section 3076.3 - Recommendation Pursuant to Subdivision (e) of Section 1170 of the Penal Code-Consideration Factors

For incarcerated persons meeting one or more of the recall eligibility requirements of section 3076(b), the Classification and Parole Representative (C&PR), shall consider the following factors as may be applicable when recommending recall of commitment consideration for an incarcerated person:

(a) The incarcerated person's commitment offense.

(b) Whether the incarcerated person has a history of affiliation with organized criminal activity, including, but not limited to, any known disruptive group, street gang, prison gang, terrorist group, or racketeering enterprise.

(c) The incarcerated person is or is not designated as a Public Interest Case by the Classification Staff Representative, or their placement has or has not been ordered by the Departmental Review Board because of an unusual threat to the safety of persons or public interest in the incarcerated person's case.

(d) Whether the court was aware of the incarcerated person's medical condition at the time of sentencing.

(e) Whether the incarcerated person's prior criminal history includes violent acts against persons pursuant to Penal Code (PC) section 667.5(c) or PC section 1192.7(c), or registerable offense pursuant to PC section 290.

(f) Whether there exists a documented victim or next of kin of the incarcerated person's commitment offense in the community who would suffer fear from the release of the incarcerated person back into the community.

(g) Whether the incarcerated person's documented institutional behavior reflects a history of offenses involving force, violence, assault, arson, or predatory sexual behavior.

(h) Whether there are verifiable community resources appropriate, sufficient, and immediately available to provide support and sustenance and to meet the incarcerated person's medical and/or psychological needs upon release.

(i) Whether the incarcerated person has committed any other criminal acts, either prior to or during the current period of incarceration, that indicates they would be a danger to the public if released.

(j) Whether the incarcerated person retains the capacity to commit or to influence others to commit criminal acts that endanger public safety.

Cal. Code Regs. Tit. 15, § 3076.3

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.

1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Renumbering of former section 3076.3 to section 3076.5 and new section 3076.3 filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. Amendment of subsection (c) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
9. Repealer and new section heading filed 12-10-2019 as an emergency; operative 1/1/2020 (Register 2019, No. 50). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.
10. Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.
11. Repealer and new section heading refiled 10-5-2020 as an emergency; operative 10/10/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.
12. Repealer and new section heading refiled 5-6-2021 as an emergency; operative 5/11/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be repealed by operation of law on the following day.
13. Reinstatement of section as it existed prior to 5-6-2021 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 3).
14. Amendment of section heading filed 8-11-2022; operative 10/1/2022 (Register 2022, No. 32).
15. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).