ENDNOTES

^{i Cal. Const., art. I, § 32, subd. (a), par. (1).
ii Cal. Code Regs., tit. 15, §§ 2449.1-2449.7, 3490-3491.
iii Penal Code, § 667.5, subd.(c) provides:
For the purpose of this section, “violent felony” shall mean any of the following:}
^{(1) Murder or voluntary manslaughter.} ^{(2) Mayhem.} ^{(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.} ^{(4) Sodomy as defined in subdivision (c) or (d) of Section 286.}
^{(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.} ^{(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.} ^{(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as} ^{provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.}
^{(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.}

^{(15) Assault with the} ^{intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of} ^{violence against the person}.

^{iv Coleman v. Brown, (E.D.Cal. Feb. 10, 2014, No. 2:90-cv-00520-LKK DAD (PC), 2014 WL 2889598, 2014 U.S.Dist. Lexis 17913); Plata v. Brown (N.D. Cal., No. 3:01-cv-01351-TEH).}
^{v Serious rule violations include offenses, which could be punished as a misdemeanor or felony, or that involve force, a breach or hazard to security, a serious disruption to facility operations, or introduction of a controlled substance or dangerous contraband into the facility. (Cal. Code Regs., tit. 15, § 3315.) The Security Housing Unit houses people whose conduct endangers the safety of others, including those found guilty of serious misconduct. (Cal. Code Regs., tit. 15, § 3341.3.)}
^{vi Former Cal. Code Regs., tit. 15, § 3492 (repealed) stated in relevant part:
(c) An inmate is eligible for referral to the Board of Parole Hearings if, on the date of the screening, all of the following are true:}
^{(1) The inmate is not currently serving a Security Housing Unit term;}
^{(2) The Institutional Classification Committee has not assessed the inmate a Security Housing Unit term within the past five years, unless the department assessed the Security Housing Unit term solely for the inmate’s safety;}
^{(3) The inmate has served a Security Housing Unit term in the past five years that was not assessed solely for the inmate’s safety;}
^{(4) The inmate had been found guilty of a serious rule violation for a Division A-1 or Division A-2 offense within the past five years;}
^{(5) The inmate has not been assigned to Work Group C in the past year;
(6) The inmate has not been found guilty of two or more serious Rules Violation Reports in the past year;
(7) The inmate has not been found guilty of a drug-related offense or refused to provide a urine sample in the past year;}
^{(8) The inmate has not been found guilty of any Rules Violation Reports in which a Security Threat Group nexus was found in the past year.}

^{vii In re McGhee (2019) 34 Cal.App.5th 902; In re Edwards (2018) 26 Cal. App. 5th 1181.
viii In re Gadlin (2020) 10 Cal.5th 915; emergency regulations implementing the Gadlin decision were promulgated in April 2021, and all persons who became eligible for parole consideration as a result of the Gadlin decision and who otherwise meet the eligibility requirements for parole consideration under Proposition 57 were referred to the Board by July 1, 2021. (Cal. Code Regs., tit. 15, § 2449.32, subd. (c).)}

^{ix The number of persons referred to the Board each year differs from the number of decisions rendered each year, due to a variety of factors, including delay between the date a person is referred and the date a decision is rendered to allow the incarcerated person, registered victims, and prosecuting agency to be notified and provide an opportunity to submit written statements for the Board’s consideration.}

^{x Cal. Const., art. I, § 32, subd. (a), par. (1).}
^{xi Cal. Code Regs., tit. 15, § 3490, subd. (f).
xii Cal. Code Regs., tit. 15, § 3491, subds. (f), (g).
xiii Cal. Code Regs., tit. 15, § 3492, subd. (a); determinately-sentenced persons who were under the age of 26 at the time of their offense are eligible for a parole consideration hearing as a youth offender once they have served 15 years of incarceration and determinately-sentenced persons who are age 50 and who have served 20 years are eligible for a parole consideration hearing under elderly parole, exceptions apply. (See, Pen. Code, §§ 3051, 3055).
xiv Cal. Code Regs., tit. 15, § 3492, subd. (b).
xv Cal. Code Regs., tit. 15, § 3492, subd. (c).}

^{xvi See, Cal. Code Regs., tit. 15, §§ 2449.1 – 2449.7; Cal. Code Regs., tit. 15, § 3492.}

^{xvii Cal. Code Regs., tit. 15, § 2449.4, subd. (b).
xviii Cal. Code Regs., tit. 15, § 2449.4, subd. (f).
xix Cal. Code Regs., tit. 15 § 2449.5, subds. (b)-(g).}

^{xx Id.
xxi Cal. Code Regs., tit. 15, § 2449.5, subd. (a).
xxii Cal. Code Regs., tit. 15, § 2449.4, subd. (d).
xxiii Cal. Code Regs., tit. 15, § 2449.4, subd. (f).
xxiv Cal. Code Regs., tit. 15, § 2449.7, subd. (a).}
^{xxv Cal. Code Regs., tit. 15, § 2449.7, subd. (b).
xxvi Cal. Code Regs., tit. 15, § 2449.7, subd. (d).
xvii Id.
xviii Cal. Code Regs., tit. 15, § 2449.7, subds. (e), (f).
xxix Cal. Code Regs., tit. 15, §§ 3491-3493.}

^{xxx An EPRD is the date a determinately-sentenced person will be released “on the natural” based on the sentence imposed by the court, less any applicable credits (i.e., pre-sentence, good conduct, educational milestone, rehabilitative achievement, etc.)}

^{xxxi In re Edwards (2018) 26 Cal.App.5th 1181.}

^{xxxii Cal. Const., art. I, § 32, subd. (a), par. (1).
xxxiii Cal. Code Regs., tit. 15, §§ 3495-3497, 2449.30-2449.34.
xxxiv Cal. Code Regs., tit. 15, §§ 3495-3496.}

^{xxxv Cal. Code Regs., tit. 15, § 3497, subd. (b).}

^{xxxvi Cal. Code Regs., tit. 15, § 2449.31.
xxxvii http://www.clrc.ca.gov/CRPC/Pub/Memos/CRPC20-15s1.pdf
xxxvii Cal. Code Regs., tit. 15, § 2449.32, subd. (b).
xxxix Id.}

^{xl In re Gadlin (2020) 10 Cal.5th 915.
xli Cal. Code Regs., tit. 15, § 2449.32, subd. (c).}