Cal. Code Regs. tit. 9 § 30809

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 30809 - Category 3 Offenses

A parole consideration date interval of three years shall be established for those cases committed to the Youth Authority for offenses in this category.

(a) Offenses:

(1) Sexual Assault with a Foreign Object (289(a) Penal Code).

(2) Rape (261 and all subsections Penal Code).

(3) Sodomy (286 and all subsections Penal Code).

(4) Oral Copulation (288a and all subsections Penal Code).

(5) Kidnap (207 Penal Code).

(6) Robbery (armed with dangerous or deadly weapon and with substantial injury) (211 Penal Code).

(7) Robbery of an inhabited dwelling (212.5 Penal Code).

(8) Robbery-Operator of Transportation Vehicle For Hire (212.5 Penal Code).

(9) Assault with Deadly Weapon or Force Likely to Produce Great Bodily Injury upon a peace officer, fireman, custodial officer, transportation worker or school personnel (245(a), (b), 245.2 and 245.3 Penal Code).

(10) Assault with Firearm (on a peace officer/fireman) (245(a)(2) and 245(c) Penal Code).

(11) Grand Theft Person (armed with dangerous or deadly weapon and with substantial injury) (487(2) Penal Code).

(12) Burglary (armed with dangerous or deadly weapon and with substantial injury) (459 and 460 Penal Code).

(13) Shooting at Inhabited Dwelling House, Occupied Building or Vehicle (with substantial injury) (246 Penal Code).

(14) Arson (that causes great bodily injury) or is Committed During a State of Insurrection or Emergency (451 and 454 Penal Code).

(15) Mayhem (203 Penal Code).

(16) Vehicular Manslaughter (with gross negligence) (192(c) Penal Code).

(17) Gross Vehicular Manslaughter While Intoxicated (191.5 Penal Code).

(18) Carjacking (215 Penal Code).

(19) Kidnap with the Intent to Commit Rape, Oral Copulation, Sodomy or Rape by Instrument (208(d) Penal Code).

(20) Discharging a Firearm from a Motor Vehicle with substantial injury (12034(c), Penal Code).

(21) Conspiracy to commit any Category 3 offense (182 Penal Code).

(b) Panels, Deviation, and Modification.

(1) All cases in Category 3 shall be heard by a Board panel at the initial hearing and all subsequent hearings with the exception of the following:

(A) Parole consideration hearings shall be conducted by a full Board panel.

(B) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.

(2) A Board panel or referee may approve a deviation or modification of six months earlier or later than the prescribed or previously established parole consideration date, except that a referee may modify a parole consideration date up to 12 months for DDMS behavior.

(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.

(4) A full Board panel may modify a previously established parole consideration date by a maximum of six months in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.

(5) A recommendation of a full Board panel for deviation or modification in excess of the periods of time cited in (4) of this section shall be submitted to the Full Board En Banc for decision.

(6) The Full Board En Banc is not limited in its ability to deviate or modify.

Cal. Code Regs. Tit. 9, § 30809

1. Change without regulatory effect renumbering former title 15, section 4953 to new title 9, section 30809 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).

Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.