Board of Parole Hearings
NON-VIOLENT, NON-SEX-REGISTRANT, SECOND-STRIKE (NVSS) Review Results


NVSS review results are updated on the first working day following each week.

Weekly NVSS Results:

Monthly NVSS Results:

Annual NVSS Results

Approve = Credit Approved
Denied = Credit Denied
Dismissed = No Jurisdiction/Ineligible for Credit
Pending = Referral Received, Decision Pending


NVSS OVERVIEW

On February 10, 2014, the Three Judge Panel in the Plata/Coleman class action lawsuit ordered the California Department of Corrections and Rehabilitation (CDCR) to create and implement “a new parole determination process through which non-violent second-strikers will be eligible for parole consideration by the Board of Parole Hearings (board) once they have served 50% of their sentence.” The new process will begin January 1, 2015.

Eligibility

Inmates whose terms doubled pursuant to Penal Code section 667(b)-(i) or Penal Code section 1170.12 and who have served 50 percent of their actual sentence, or who are within 12 months of having served 50 percent of their actual sentence are eligible for review for possible release. Inmates are not eligible if they are required to register as sex offenders pursuant to Penal Code section 290 based on a current or prior conviction. Inmates are also not eligible if they have a current violent offense pursuant to Penal Code section 667.5(c). In addition, certain inmates will be ineligible based on specified negative institutional behavior.

Inmates will be screened for eligibility at their annual unit classification committee review once they have served 50 percent of their actual sentence or are within 12 months of having served 50 percent of their actual sentence, as determined by case records personnel.

Inmates may request to review their central file prior to their annual classification committee review, consistent with existing policies and procedures for requesting review of central files (DOM section13030.16 et seq.) If an inmate is deemed eligible, the inmate will be referred to the board for review for possible release.

At the conclusion of the unit classification committee, the chairperson of the classification committee will inform the inmate whether or not he or she has been deemed eligible for referral to the board. If eligible, they will also be informed that they may submit a written statement to the board regarding his or her release, if he or she wishes to do so.

Input from Inmates, District Attorneys, Victims, and the Public

Inmates will have 30 days from the date of the referral to submit a written statement. The board will notify the District Attorney of the inmate’s county of commitment and any victims registered with CDCR’s Office of Victim and Survivor Rights and Services about the referral and request that they submit any written statement they wish to have the board consider within 30 days.

Access to Inmate Central Files

The Division of Adult Institutions has authorized District Attorneys to review inmate central files, with advanced notice, at any institution regardless of where the inmate is housed for purposes of the non-violent, non-sex registrant, second strike inmate parole process. Also, as mentioned above, inmates may request to review their central file prior to their annual classification committee review, consistent with existing policies and procedures for requesting review of central files (DOM section 13030.16 et seq.)

Risk Assessments

The board will not prepare risk assessments for non-violent, non-sex-registrant, second-strike inmates being considered for release.

Hearing Officers and Procedure

A deputy commissioner will conduct an administrative review to determine if the inmate’s release would pose an unreasonable risk to public safety. There will be no hearing. The review will occur within 50 days from the date the unit classification committee referred the inmate to the board, or if the inmate has not yet served 50 percent of his or her sentence, the board will conduct the review once the inmate is within 60 days of serving 50 percent of his or her sentence.

The deputy commissioner will review all relevant and reliable information, including the inmate’s criminal history, institutional behavior, rehabilitation efforts, and any written statements received. The deputy commissioner will document his or her decision on a Non-Violent Second Striker Decision Form (BPH Form 1047(C)), a copy of which will be provided to the inmate by institutional staff. In addition, the board will send a letter to the District Attorney from the inmate’s county of commitment and any victims registered with CDCR’s Office of Victim and Survivor Rights and Services informing them of the outcome of the board’s review.

A referral to the board may be rescinded by a classification committee at any time prior to the inmate’s release if the inmate’s case factors change such that he or she is no longer eligible for release as a non-violent, non-sex-registrant, second-strike inmate. For example, if an inmate is found guilty of a rules violation that makes them ineligible for referral to the board, the inmate will be scheduled for a classification committee review to determine if the referral to the board remains appropriate. If the committee determines the referral is no longer appropriate, the referral will be rescinded. If the board has already rendered a decision, it will be vacated and the inmate, District Attorney, and registered victims will be notified.

In addition, the board will be notified of any disciplinary action taken against an inmate who has been referred to the board for consideration for release. If a decision has already been rendered, the board may affirm or vacate the decision based on the information provided. If the decision is vacated, the inmate, District Attorney, and registered victims will be notified.

If the board decides not to release an inmate, the inmate will be reviewed again for possible referral at his or her next annual unit classification committee review.

Decision Review

The board’s decisions concerning the release of non-violent, non-sex-registrant, second-strike inmates are subject to review, upon request, within 20 days of the date of the board’s decision. Persons requesting review should identify why they believe the board’s decision was in error and submit their request in writing to:

Attention: Non-Violent Second Strikers
Board of Parole Hearings
Correspondence – NVSS
P.O. Box 4036
Sacramento, CA 95812-4036

Reviews will be conducted by an Associate Chief Deputy Commissioner. The board will process a request to review a decision and issue a decision upholding or vacating the original decision. The person requesting decision review will be notified of the outcome of the review. In addition, the District Attorney and registered victims will be notified if the review results in a reversal of the original decision.

Release of Inmate

An inmate who is approved for release by the board will be released to state parole or post release community supervision as required by statute no later than 50 days after the board’s decision. All notifications to law enforcement and victims required by statute will be prepared by the institution’s case records staff. No inmate will be released prior to serving 50 percent of his or her actual term as determined by case records staff.