Cal. Code Regs. tit. 15 § 3490

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3490 - Definitions

For the purposes of this article, the following definitions shall apply:

(a) An incarcerated person is a "determinately-sentenced nonviolent offender" if the incarcerated person was sentenced to a determinate term and none of the following are true:

(1) The incarcerated person is condemned to death;

(2) The incarcerated person is currently incarcerated for a term of life without the possibility of parole;

(3) The incarcerated person is currently serving a term of life with the possibility of parole;

(4) The incarcerated person is currently serving a determinate term prior to beginning a term of life with the possibility of parole or prior to beginning a term for an in-prison offense that is a "violent felony;"

(5) The incarcerated person is currently convicted of and is sentenced to a term of incarceration for a "violent felony," including a term for which a violent felony sentence was stayed under Penal Code section 654; or

(6) The incarcerated person is currently serving a term of incarceration for a nonviolent felony offense after completing a concurrent determinate term for a "violent felony."

(b) Notwithstanding subsection (a), a "determinately-sentenced nonviolent offender" includes an incarcerated person who has completed a determinate or indeterminate term of incarceration and is currently serving a determinate term for an in-prison offense that is not a "violent felony."

(c) "Violent felony" is a crime or enhancement as defined in subdivision (c) of Section 667.5 of the Penal Code.

(d) "Primary offense" means the single crime for which any sentencing court imposed the longest term of imprisonment, excluding all enhancements, alternative sentences, and consecutive sentences.

(e) "Full term" means the actual number of days, months, and years imposed by the sentencing court for the incarcerated person's primary offense, not including any sentencing credits.

(f) A "nonviolent parole eligible date" is the date on which a nonviolent offender who is eligible for parole consideration under section 3491 has served the full term of their primary offense, less any actual days served prior to sentencing as ordered by the court under section 2900.5 of the Penal Code and any actual days served in custody between sentencing and the date the incarcerated person is received by the department.

Cal. Code Regs. Tit. 15, § 3490

Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Section 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a); Section 1170.1(c), Penal Code; In re Canady (2019) 57 Cal.App.5th 1022; In re Pope (2010) 50 Cal.4th 777; In re Tate (2006) 135 Cal.App.4th 756; and In re Thompson (1985) 172 Cal.App.3d 256.

1. New subchapter 5.5, article 1 (sections 3490-3493) and section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 5.5, article 1 (sections 3490-3493) and section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
3. New subchapter 5.5, article 1 (sections 3490-3493) and section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-18-2017 order, including amendment of section and Note, transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
5. Amendment of subsections (a), (a)(3) and (a)(4) 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.
6. Amendment of subsections (a), (a)(3) and (a)(4) 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.
7. 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).
8. Editorial correction of subsection (a)(4) (Register 2019, No. 49).
9. Amendment of subsections (a)(5) and (f) and amendment of Note filed 2-28-2022; operative 2/28/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 9).
10. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).