Chapter 6 – Adult Classification

62020.6 Director’s Recall of Commitment

• The Director may recommend to the court a recall of sentence prior to the BPT’s disparate sentence review when:

  • The inmate is found to be suffering from a critical medical condition which is not likely to improve.

  • The inmate has so changed as a person through their own efforts since being sentenced, that they would be a positive asset to the community.

  • Based on changes in the inmate’s situation or significant new information that was not considered by the court in pronouncing sentence.

  • The commitment is definitely not typical of similarly situated offenders and presents an undue hardship on the inmate.

• After the BPT’s disparate sentence review, the Director may recommend a recall to the court if conditions have changed to the extent that the inmate’s continued incarceration is not in the interest of justice. Diagnostic studies and/or recommendations shall take into consideration the results of the BPT’s disparate sentence review.