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When Eligible Nonviolent Offenders will be referred to the Board of Parole Hearings for Review

At least 35 days before an inmate’s nonviolent parole eligible date, his or her institutional record will be electronically screened to determine if he or she meets certain public safety screening criteria. An inmate meets the public safety screening criteria if all of the following are true:

  • The inmate is not currently serving a Security Housing Unit term and has not been assessed a Security Housing Unit term in the past five years;
  • The inmate has not been found guilty of certain serious rules violations within the past five years;
  • The inmate has not been placed in a restricted work group (Workgroup C) in the past year;
  • The inmate has not been found guilty of two or more serious rules violations within the past year;
  • The inmate has not been found guilty of any rules violations involving drugs and has not refused to provide a urine sample in the past year; and
  • The inmate has not been found guilty of any rules violations involving a security threat group (i.e., gang-related activity) within the past year.

If an inmate meets the public safety screening criteria, he or she will be referred to the board for parole review and possible release. If an inmate does not meet the public safety screening criteria, the inmate will be screened again one year from the date of his or her last public safety screening.

Inmates who are electronically screened will be provided written notice of the outcome of the screening by the California Department of Corrections and Rehabilitation. Referral decisions are subject to appeal by an inmate through the department’s inmate appeals process. Inmates who are referred to the board will be provided a written explanation of the board’s nonviolent offender parole review process, including notification that they have an opportunity to submit a written statement for the board’s consideration when determining whether the inmate should be released. Written statements should be submitted to the board by the inmate within 30 days of the date the inmate is referred to the board.