Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 3 - Adult Institutions, Programs and ParoleChapter 1 - Rules and Regulations of Adult Operations and Programs
Article 6.6 - Department Recommendation to Recall Sentence and Resentence Incarcerated Person
Section 3076.5 - Victim Notification

Cal. Code Regs. tit. 15 § 3076.5

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3076.5 - Victim Notification
(a) Recommendation pursuant to subdivision (a)(1) of Section 1170.03 of the Penal Code.
(1) No more than 10 business days after the Office of Victim and Survivor Rights and Services has been notified of a referral by the Department to the sentencing court pursuant to subdivision (a)(1) of Section 1170.03 of the Penal Code, based on exceptional conduct as described in subsection 3076.1(a)(1) or a law enforcement, prosecutorial, or judicial referral as described in subsection 3076.2, that office shall notify all victims registered with the Department pursuant to subdivision (b) of Section 679.03 of the Penal Code of the Department's action.
(2) No more than 10 business days after the Office of Victim and Survivor Rights and Services has been notified that the sentencing court has scheduled a hearing on a referral pursuant to subdivision (a)(1) of Section 1170.03 of the Penal Code, based on the substantial likelihood of a sentencing discrepancy as described in subsection 3076.1(a)(2) or a change in sentencing law as described in subsection 3076.1(a)(3), that office shall notify all victims registered with the Department pursuant to subdivision (b) of Section 679.03 of the Penal Code of the Department's action.
(b) Recommendation pursuant to subdivision (e) of Section 1170 of the Penal Code. No more than 10 business days after the Office of Victim and Survivor Rights and Services has been notified of a referral by the Department to the sentencing court pursuant to subdivision (e) of Section 1170 of the Penal Code, that office shall notify all victims registered with the Department pursuant to subdivision (b) of Section 679.03 of the Penal Code of the Department's action.
(c) All notifications made pursuant to this section shall include the name and the address of the court that will consider the recall of the incarcerated person's commitment.

Cal. Code Regs. Tit. 15, § 3076.5

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 679.03, 1170.03, 1170(e), 2085.5, 3003, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3053.2, 3058.8, 3605, 5054 and 5065.5, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 679.03, 1170.03, 1170(e), 2085.5, 3003, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3053.2, 3058.8, 3605, 5054 and 5065.5, Penal Code.

1. Renumbering of former section 3076.3 to section 3076.5, including amendment of section and Note, 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.
2. Certificate of Compliance as to 7-7-2011 order, including amendment of section, transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
3. Amendment of section and Note filed 1-3-2017; operative 1/3/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 1).
4. Repealer and new section 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.
5. 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.
6. Repealer and new section 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.
7. Repealer and new section 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.
8. Repeal of emergency regulation by operation of Government Code section 11346.1(g) and reinstatement of section as it existed prior to 12-10-2019 emergency repeal by operation of Government Code section 11346.1(f) (Register 2022, No. 3).
9. Editorial correction restoring section as it existed prior to 12-10-2019 emergency and amending HISTORY 8 (Register 2022, No. 12).
10. Repealer and new section heading and section and amendment of NOTE filed 8-11-2022; operative 10/1/2022 (Register 2022, No. 32).
11. Change without regulatory effect amending subsection (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).