Cal. Code Regs. tit. 9 § 30812

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

Section 30812 - Category 6 Offenses

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

(a) Offenses:

(1) Concealable Firearms (12021, 12025 Penal Code).

(2) Possession of Explosives, Flammable Matter or Fire Bomb (452(a) Penal Code).

(3) Recklessly Causing Fire to Uninhabited Structure or Forest Land (452(c) Penal Code).

(4) Burglary, 2nd Degree (459, 460 Penal Code).

(5) All Felony Offenses Not Listed.

(6) Conspiracy to commit any Category 6 offense (182 Penal Code).

(7) An Attempt of Any Category 5 offense.

(b) Panels, Deviation, and Modification.

(1) All cases in this category may be heard by a referee at the initial hearing and all subsequent hearings. At the initial hearing, the referee may approve a six-month deviation from the prescribed parole consideration date.

(2) A referee may in any annual review year modify an established parole consideration date by six months with the exception of the following:

(A) A referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.

(B) A referee may modify an established parole consideration date upward up to 12 months for DDMS behavior.

(3) A recommendation of a 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 approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date 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 foregoing 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, § 30812

1. Change without regulatory effect renumbering former title 15, section 4956 to new title 9, section 30812 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.