Department of Corrections and Rehabilitation - Operations Manual

Chapter 6 – Adult Classification

Article 13 – Board of Parole Hearings

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62090.5.2 Non‑Life Prisoner Hearing

  • The following are the different types of Non-Life Prisoner Hearings.

    • ISLIndeterminate Sentence Law Parole Consideration Hearing

      • An Indeterminate Sentence Law (ISLIndeterminate Sentence Law) Parole Consideration Hearing is held for certain inmates who committed crimes prior to July 1977 and had Determinate Sentence Law (DSLDeterminate Sentence Law) dates retro calculated. The purpose of this hearing is to provide these inmates with an opportunity to be considered for release under the ISLIndeterminate Sentence Law that may result in a lesser term than the DSLDeterminate Sentence Law provides. It is scheduled a month before the inmate’s MEPD and annually thereafter for inmates denied a parole date in the previous hearing.

    • PCPenal Code 1168(b) Hearing

      • A PCPenal Code 1168(b) Hearing is scheduled within 60 days after reception of inmates sentenced to a term not exceeding one year and one day under the ISLIndeterminate Sentence Law or under the same provision in the DSLDeterminate Sentence Law. The purpose of this hearing is to set a term within the one year and one day range. No Board report is required if the inmate’s hearing is within four months of reception.

    • ISLIndeterminate Sentence Law Rescission Hearing

      • A Rescission Hearing is held to consider if good cause exists to rescind an ISLIndeterminate Sentence Law parole date for disciplinary, psychiatric, or other reasons. No Board report is required.

    • Extended Term Hearing

      • An Extended Term Hearing is held to consider an extension of the DSLDeterminate Sentence Law retro calculated term in selected ISLIndeterminate Sentence Law cases. This hearing is scheduled within 120 days after the inmate’s reception by the Department or after receipt of an amended Abstract of Judgment. The decision to schedule a hearing is made by the BPHBoard of Parole Hearings (formerly Board of Prison Terms). Such hearing is conducted by a panel of three; at least two of which are commissioners. No Board report is required.

    • Mentally Disordered Offender Hearings

      • A Mentally Disordered Offender Hearing is held to determine if good cause exists to require that an inmate be subject to mandatory in-patient treatment while on parole. PCPenal Code 2962 and BPHBoard of Parole Hearings (formerly Board of Prison Terms) 2570 et seq. identify the criteria leading to such consideration and the process governing such placement. This hearing is conducted by a panel of two Deputy Commissioners. No counselor generated Board reports are required.