Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 10 – Legal Status Information

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73010.6.16 DSL Indeterminate Terms

  • Several sentences remain indeterminate since passage of the DSLDeterminate Sentence Law in 1977. The most common is the one-year-and-one-day sentence.

  • DSLDeterminate Sentence Law indeterminate cases will be placed on calendar for an initial parole consideration hearing by the BPHBoard of Parole Hearings (formerly Board of Prison Terms) within 120 days of reception into the Department if the MEPD is within 120 days from the reception date. If the MEPD is more than 120 days from reception, the initial hearing shall be scheduled one month prior to the MEPD (BPT 2273).

  • These cases require special processing following determination by the BPHBoard of Parole Hearings (formerly Board of Prison Terms). The procedures for producing a manually prepared Legal Status Summary as outlined in DOMDepartment Operations Manual 73010.6 will be followed.

  • These procedures shall be followed in preparing, computing, and recording BPHBoard of Parole Hearings (formerly Board of Prison Terms) actions for DSLDeterminate Sentence Law indeterminate terms.

    • DSLDeterminate Sentence Law Indeterminate Term Only

      • Regular ISLIndeterminate Sentence Law procedures shall be followed using the BPT Form 1010 for recording the determination and making the period of confinement computation.

    • DSLDeterminate Sentence Law Indeterminate Controlling Committment with DSLDeterminate Sentence Law Term

      • If the minimum release date for the DSLDeterminate Sentence Law term is later than the statutory maximum for the DSLDeterminate Sentence Law indeterminate term, no BPHBoard of Parole Hearings (formerly Board of Prison Terms) parole hearing is required. If the DSLDeterminate Sentence Law minimum is earlier than the maximum term for the indeterminate offense, the inmate shall be scheduled for an ISLIndeterminate Sentence Law parole hearing. The later release date shall be the controlling release date.

    • DSLDeterminate Sentence Law Indeterminate Controlling Committment with ISLIndeterminate Sentence Law Term

      • Regular ISLIndeterminate Sentence Law procedures shall be followed using the BPT Form 1010 for recording the determination and making the period of confinement computation. In addition, a PCPenal Code 1170.2(a) recalculation shall be made for the ISLIndeterminate Sentence Law terms.

    • DSLDeterminate Sentence Law Indeterminate CSControl Services with DSLDeterminate Sentence Law Term

      • Schedule the DSLDeterminate Sentence Law indeterminate case for the first available ISLIndeterminate Sentence Law parole consideration hearing for determination of the indeterminate case only. A BPT Form 1010 shall be used for this determination. The reception date for the ISLIndeterminate Sentence Law computation shall be the date originally received on the offenses involved.

      • The release date for the DSLDeterminate Sentence Law indeterminate offense shall be the term start date on the DSLDeterminate Sentence Law term. A DSLDeterminate Sentence Law computation shall then be completed for the remaining DSLDeterminate Sentence Law term.

    • DSLDeterminate Sentence Law Indeterminate CSControl Services with ISLIndeterminate Sentence Law Term

      • Schedule an ISLIndeterminate Sentence Law parole consideration hearing on the first available ISLIndeterminate Sentence Law hearing calendar. The ISLIndeterminate Sentence Law portion of the BPHBoard of Parole Hearings (formerly Board of Prison Terms) determination shall be processed in accordance with existing ISLIndeterminate Sentence Law hearing procedures.

    • Combined DSLDeterminate Sentence Law Recalculation and ISLIndeterminate Sentence Law Hearing for the DSLDeterminate Sentence Law Indeterminate Case

      • During the ISLIndeterminate Sentence Law parole consideration hearing, the BPHBoard of Parole Hearings (formerly Board of Prison Terms) hearing panel shall enter in the comments section of the BPT Form 1010, a determination of the amount of time assessed for the DSLDeterminate Sentence Law indeterminate offense for the purpose of determining the CSControl Services factor of the recalculation.

      • A separate BPT Form 1010 shall be used by the specialist to compute the release date for the DSLDeterminate Sentence Law indeterminate case. This BPT Form 1010 shall be attached to the original form with a notation, “see ISLIndeterminate Sentence Law BPT Form 1010 dated ________.” This release date shall be used as the term start date in the computation on the CDC Form 678, Confinement Computation, for the recalculation of the remaining counts or cases.

      • A PCPenal Code 1170.2(b) (extended term) screening shall be made at the time of initial processing to ensure completion prior to 90 days after receipt.

      • Upon completion of the recalculation of the counts or cases, the CDC Form 678 shall be presented to a BPHBoard of Parole Hearings (formerly Board of Prison Terms) panel for signature.