Chapter 7 – Adult Case Records Information

BPT hearings shall be scheduled pursuant to BPT regulations.

This section sets forth procedures for scheduling hearings as mandated by the BPT.

The Chairperson of the BPT shall assign commissioners or deputy commissioners to make individual case decisions. A hearing panel is comprised of one or more (usually three) of these members.

The BPT will make individual case decisions affecting release or parole and postponement or recision of parole release dates at hearings conducted at the institutions. The Board may also hold hearings on Department denial of good time/work time credit (BPT Rule 2120).

Other matters which do not require a hearing, including reviewing the case of an inmate who does not participate in a program recommended by the BPT, shall be placed on the Miscellaneous Proceedings Calendar for review by the BPT when a panel convenes for a regularly scheduled hearings at an institution.

Individual case decisions regarding disparate sentence review and review of inmate or parolee behavior to determine the need to order the scheduling of postponement, rescission, revocation or revocation extension hearings, shall be made by the BPT at the Headquarters Calendar.

Individual case decisions regarding revocation of parole shall be made by the BPT at hearings normally conducted in the community near where the alleged violation occurred.

If two of the three BPT members on a life parole consideration hearing panel agree to grant or deny a parole date that is “a proposed decision”.

Any proposed decision setting or denying a parole date for a life prisoner shall become effective 60 days after the decision unless the provisions of BPT Rule 2041 occur (BPT 2043).

All other decisions shall become effective 15 days after signed by the panel member(s) making the decision unless the order states a different effective date for the decision (BPT 2043).

When one member on a hearing panel dissents from a decision setting or denying a parole date, at the time of the decision, that the full BPT meet to consider the case.

Such a request shall be reviewed by the full Board within 45 days of the hearing at which the dissenting decision occurred.

The case shall be referred to the Executive Officer or Chief Deputy Commissioner of the BPT for any preparation that is necessary prior to the En Banc meeting (BPT 2044).

The majority opinion at the En Banc meeting will determine whether the original decision remains in effect. If the full BPT disagrees with the hearing panel’s majority opinion, they shall order a new hearing, the result of which will become the decision in the case.

The BPT decision review committee is composed of three commissioners designated by the Chairperson or Vice-Chairperson.

The committee shall review cases to assure complete, accurate, consistent and uniform decisions.

The review committee is authorized to order a new hearing or to make any decision that does not require a hearing (BPT 2042).

At an initial parole consideration hearing an inmate shall be considered for parole for the first time.

The hearing panel shall first determine whether the inmate is suitable for parole.

If the inmate is found unsuitable, parole shall be denied, and a written statement of the specific factual reasons for the denial shall be given to the inmate.

The hearing panel may recommend to the inmate certain steps that may be undertaken to enhance the possibility of a grant of parole at a future hearing.

If an inmate is found suitable for parole, a tentative parole date shall be set.

The Initial Parole Consideration Hearing for a non-life ISLIndeterminate Sentence Law case shall be scheduled pursuant to BPT 2304 as follows:

• Within 120 days of reception if the Minimum Eligible Parole Date (MEPD) is within 120 days.

• One month prior to the MEPD if the MEPD is more than 120 days after reception.

The Initial Parole Consideration Hearing for non-life PCPenal Code 1168 inmates shall be no later than 60 days after reception (BPT 2271). These hearings are conducted by a panel consisting of two deputy commissioners.

The Initial Parole Consideration Hearing for life cases shall be held during the 13th month prior to the prisoner’s MEPD.

• The MEPD for inmates with 15- and 25-to-life terms may change depending on credit earned or lost.

Any changes in an inmate’s MEPD, which occur within six months of the scheduled hearing date, shall not change the scheduled hearing date.

An inmate who was previously denied parole shall be reconsidered for parole in the same manner as at the Initial Parole Hearing. The hearing panel shall consider the information developed since the last hearing.

This hearing shall be scheduled as provided by PCPenal Code 3041.5 and maybe 12, 24, or 36 months after the most recent hearing as determined by the BPT.

If the inmate has a confirmed Determinate Sentencing Law (DSLDeterminate Sentence Law) release date within 60 days of a scheduled Indeterminate Sentencing Law (ISLIndeterminate Sentence Law) hearing, the parole hearing shall be cancelled and the inmate will be released on the DSLDeterminate Sentence Law date.

Following any parole consideration hearing at which parole has been granted, progress hearings will be scheduled.

• During the fourth month prior to the parole date if parole date is between 10 and 14 months from the date of the last parole consideration hearing.

• On the twelfth month after the hearing at which a parole date was set if the parole date is 15 months or more from the date of the last parole consideration hearing.

• Any time department staff feels an earlier parole date would be appropriate. Staff shall refer the case to the C&PRClassification & Parole Representative to place the case on the institutional Miscellaneous Proceeding Calendar with documentation of the reasons for requesting the progress hearing. The Board may deny the department request or may order a Progress Hearing scheduled.

If the parole date is within 9 months from the date of the last parole consideration hearing, no progress hearing shall be scheduled.

A Progress Hearing shall not be scheduled for an inmate with an ISLIndeterminate Sentence Law parole date which is later than a confirmed DSLDeterminate Sentence Law date if the maximum advancement that could be granted at the progress hearing (four months per year) plus a 60-day advancement would not result in advancing the ISLIndeterminate Sentence Law parole date to a date earlier than the DSLDeterminate Sentence Law date (BPT 2305).

Following any parole consideration hearing, on a life case, at which parole has been granted:

• If the parole date is less than 10 months from the date of the last parole consideration hearing, no Progress Hearing shall be scheduled.

• If the parole date is between 10 and 14 months from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the sixth month after the parole hearing.

• If the parole date is between 14 and 18 months from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the ninth month after the parole consideration hearing.

• If the parole date is between 18 and 26 months from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the twelfth month after the parole consideration hearing.

• If the parole date is between 26 and 34 months from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the eighteenth month after the parole consideration hearing.

• If the parole date is between 34 and 50 months from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the twenty-fourth month after the parole consideration hearing.

• If the parole date is 50 months or more from the date of the last parole consideration hearing, a Progress Hearing shall be scheduled during the thirty-sixth month after the parole consideration hearing.

Any time department or board staff believes an earlier parole date would be appropriate the case may be placed on the Miscellaneous Proceedings Calendar with documentation of the reasons for requesting a Progress Hearing. The Board may deny the request or order a Progress Hearing scheduled (BPT 2269).

A life inmate with new criminal or disciplinary charges pending prior to an Initial or Subsequent Parole Hearing shall be scheduled for that hearing. If it is determined during the course of the hearing that a decision cannot be made because of the pending charges, the hearing panel shall discontinue the hearing (BPT 2272).

Department staff shall then place the case on the Miscellaneous Proceedings Calendar every 90 days from the date of the originally scheduled hearing and include a report of the status on the case. Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.

A non-life or PCPenal Code 1168 inmate with new criminal or disciplinary charges pending immediately prior to a scheduled hearing shall be removed from the calendar (BPT 2307).

Department staff shall place the case on the Miscellaneous Proceeding Calendar every 90 days from the date of the originally scheduled hearing and include a report of the status on the case.

Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.

Staff shall postpone the Progress Hearing of any inmate who has new criminal or serious disciplinary charges pending immediately prior to a regularly scheduled hearing.

Department staff shall place the case on the Miscellaneous Proceedings Calendar every 90 days from the date of the originally scheduled hearing and include a report of the status of the case.

Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.

Changes in legal status include:

• A final court decision altering the inmate’s commitment status.

• Modification of the judgment or Abstract of Judgement.

• New commitments.

Before an Initial ISLIndeterminate Sentence Law Parole Hearings, if an inmate’s legal status changes, the change in legal status shall be considered at the initial parole hearing as regularly scheduled after considering the change in legal status.

If an inmate’s legal status changes after an Initial ISLIndeterminate Sentence Law Parole Hearing, staff shall immediately schedule the prisoner for a progress or subsequent ISLIndeterminate Sentence Law parole hearing as appropriate.

The ISLIndeterminate Sentence Law parole date of an Indeterminate Sentence Law inmate or the parole date of a life or non-life PCPenal Code 1168 inmate may be postponed or rescinded for good cause at a rescission hearing.

Rescission proceedings refer to any proceedings that may result in the postponement or recision of a release date.

The C&PRClassification & Parole Representative shall report to the BPT Headquarters Calendar, any conduct that may result in recision proceedings. The BPT shall determine whether to initiate rescission proceedings.

Conduct that must be reported to the BPT includes:

• Assault with a weapon.

• Escape.

• Physically assaultive Behavior.

• Possession of a weapon without permission.

• Possession of controlled substances without a prescription.

• Attempt to escape.

• Urging others by words or acts, with the intent to cause a riot, at a time and place under circumstances which produce and present an immediate danger of a riot which results in acts of force or violence.

• Active participation in a riot that results in acts of force or violence.

• Intentional destruction of state property valued in excess of $50.00.

• Falsification of a significant record or document.

• Possession of escape tools without permission.

• Manufacture or sale of intoxicants.

• Unauthorized possession or use of alcoholic beverages or any substance which, when inhaled, ingested or breathed, can cause a person to be under the influence of or intoxicated from such substance.

• Urging others by words or acts, with the intent to precipitate a riot, at a time and place under circumstances which present a clear and present and immediate danger of a riot.

• Any inmate whose mental state deteriorates to the point that there is a substantial likelihood that the inmate would pose a danger to himself or others when released and who is within 90 days of release.

• Any new information which indicates that parole should not occur.

• An inability to meet a special condition of parole, such as failure of another state to approve an interstate parole.

• Information significant to original grant of parole was fraudulently withheld from the Board.

• Fundamental errors occurred resulting in the improvident granting of a parole date.

If an inmate with a previously established parole date (life, ISLIndeterminate Sentence Law, non-life PCPenal Code 1168) receives a new commitment to state prison, the parole date shall be rescinded; no hearing or other BPT action is required.

The inmate may appeal the rescission only on the grounds that he/she is not the person sentenced to state prison by the new judgment.

The CCRMCorrectional Case Records Manager, when processing the new commitment, shall post an entry onto the CDC Form 112, Chronological History Page, indicating the parole date has been rescinded.

The CDC Form 112 posting shall read:

• “(Indicate date of posting) Parole date of (indicate date of parole) rescinded per BPT Rule (indicate applicable BPT Rule number)”.

  • BPT Rule 2273 will be cited in the case of life prisoners; and

  • BPT Rule 2308 for ISLIndeterminate Sentence Law and non-life PCPenal Code 1168 prisoners.

The inmate shall be scheduled for a new Parole Consideration Hearing.

• If the new commitment is for a determinate term, the Parole Consideration Hearing shall be conducted within 60 days of receipt of the new commitment.

The C&PRClassification & Parole Representative shall report serious disciplinary behavior to the BPT Headquarters Calendar, for any life, non-life PCPenal Code 1168 or ISLIndeterminate Sentence Law inmate, pursuant to BPT 2451.

All cases shall be reported to the BPT prior to the inmate’s scheduled parole date.

• If a case has not been referred to the DA for prosecution, the case shall be reported within 15 days.

If the case has been referred to the DA for prosecution, the case shall not be reported to the BPT until:

• Within 15 days after the DA has refused to prosecute; or

• Within 15 days after the criminal prosecution has terminated; or

• The prisoner is within 60 days of his/her parole date.

The BPT, Headquarters Calendar, shall either note the report and take no action or shall order the matter scheduled for recession proceedings.

The date and title of any reports relied on in making the decision shall be noted.

The decision shall be documented by the BPT, Headquarters Calendar, and a copy shall be sent to the institution.

If the inmate is scheduled to be released within 20 days, a criminal prosecution is pending, and the criminal prosecution will not terminate before the scheduled release date, department staff shall schedule a Pre-recession Hearing. The inmate may waive the Pre-rescission Hearing.

An inmate who has had or has waived a Pre-rescission Hearing on any one charge that alone is sufficiently serious to postpone or rescind the release date is not entitled to a Pre-rescission Hearing on any other charges.

Pre-rescission Hearings should occur before the scheduled release date. Any delay beyond the scheduled release date must be authorized by the BPT, normally at the Headquarters Calendar.

If no criminal prosecution is pending, the inmate shall be scheduled for a Rescission Hearing prior to the parole date or within 60 days of the incident or discovery of the information.

When a criminal prosecution is pending, a Rescission Hearing shall be scheduled within 60 days of the termination of the criminal prosecution.

The C&PRClassification & Parole Representative shall notify the BPT Headquarters Calendar anytime an inmate submits a written demand for a rescission hearing.

The BPT may order a hearing as appropriate.

The decision to order, or not to order, a hearing scheduled shall be documented and reported to the institution.

Each case shall be referred to the institutional hearing coordinator, with appropriate reports, who shall telephone the Headquarters Calendar to secure appropriate actions.

Such actions shall be recorded on a BPT form and forwarded immediately to the institution. All normal postings, duplicating and distribution shall be handled by the case records office staff.

CCRMCorrectional Case Records Manager shall identify and recalculate an ISLIndeterminate Sentence Law term as if sentenced under the DSLDeterminate Sentence Law. The case shall then be referred to the BPT Headquarters for determination of whether the case should be scheduled for an Extended Term Hearing.

Extended Term Hearings shall be heard within 120 days of reception by the department or the date the department received a new or amended abstract, or any court order which modifies the original commitment.

An inmate serving concurrent ISLIndeterminate Sentence Law and DSLDeterminate Sentence Law terms shall be scheduled for an ISLIndeterminate Sentence Law parole consideration only if the minimum recalculated DSLDeterminate Sentence Law release date on the ISLIndeterminate Sentence Law term is:

• Later than the release date on the DSLDeterminate Sentence Law term, and earliest eligible release date (EERD). (See BPT 2310.)

• More than 60 days later than the MEPD on the ISLIndeterminate Sentence Law term.

An inmate serving consecutive ISLIndeterminate Sentence Law and DSLDeterminate Sentence Law terms shall be scheduled for an ISLIndeterminate Sentence Law Parole Consideration Hearing only if the minimum DSLDeterminate Sentence Law release date on the combined recalculated ISLIndeterminate Sentence Law and DSLDeterminate Sentence Law term is:

• Later than the release date on the DSLDeterminate Sentence Law term considered alone [as if it were concurrent (CCCorrectional Counselor)], and

• More than 60 days later than the earliest eligible parole date computed by adding the ISLIndeterminate Sentence Law MEPD and the minimum DSLDeterminate Sentence Law release date on the DSLDeterminate Sentence Law term standing alone.

All legal status changes that might require a recomputation of a previously calculated retroactive term under PCPenal Code 1170.2(a) or 1170.2(b)) shall be referred to a BPT panel for review and disposition.

Changes to retroactive PCPenal Code 1170.2(a) or (b) terms include:

• Change in the base term for the base offense used in the calculation.

• Change in the enhancements on the principle offense used.

• Changes in consecutive (CSControl Services) offense or their enhancements used in the calculations.

• Additional commitments whether CCCorrectional Counselor or CSControl Services.

Changes that do not affect retroactive term include:

• Certification or changes in PCPenal Code 2900.5 credit or other such credit.

• Changes in CCCorrectional Counselor terms which are not part of the previously approved PCPenal Code 1170.2(a) recalculated term.

The legal status changes which may affect the term shall be set forth in the “facts” section of BPT Form 1135, Miscellaneous Decision.

The Recommendation Section shall contain the recommended action.

The BPT Form 1135 and related material shall be presented to a BPT panel for consideration and action.

The determination made by the hearing panel shall be recomputed by case records staff using a BPT Form 1094, Serious Offender Decision Face Sheet.

The Miscellaneous Section of the Face Sheet shall be used by case records staff to explain the method of computation. Full distribution of the computation must be completed. BPT Forms 1094 and 1135 shall be stapled together and filed in the Permanent Addenda.

All inmate’s serving sentences of life without possibility of parole (LWO) shall be scheduled for BPT “review” 30 years after reception by the Department and every fifth year thereafter (BPT 2817).

Cases with 25-life or 15-life terms: During the 36th month following receipt in the Department, without regard for pre-prison credit.

Cases with 25-life or 15-life terms consecutive to enhancements and/or a DSLDeterminate Sentence Law term: During the 36th month after commencement of the life term. In those cases in which the pre-prison credit exceeds the terms for the enhancement and/or the DSLDeterminate Sentence Law term, the Documentation Hearing will be scheduled as above (BPT 2269.1).

Inmates committed as habitual offenders under PCPenal Code 667.7 shall be scheduled for Documentation Hearings in accordance with BPT 2269.1. The initial Documentation Hearing shall be held during the 36th month after the life term begins.

Subsequent Documentation Hearings shall be held at three-year intervals until the Initial Parole Consideration Hearing.

If the latest Documentation Hearing falls within one year of the scheduled Initial Parole Consideration Hearing, then the Documentation Hearing shall not be required. This may in some cases require the Initial Parole Consideration Hearing panel to consider a four-year in-prison conduct review instead of the normal three-year span of time for Documentation Hearing reviews.

Revocation Hearings are normally held in the community near where the alleged violation occurred, except in the case of institutions operating Parole Violator processing units, unless the parolee has been transferred to an institution for custodial reasons or because of county jail overcrowding.

Revocation Hearings shall be held within court mandated time frames from date of arrest or date of hold. Pre-revocation Hearings may be held as provided in BPT 2646.

Upon receipt of the violation report, case records staff shall determine if the case must be forwarded to the Revocation Screening Calendar.

Parolees, except those scheduled for psychiatric attention and return, are permitted to waive the Revocation Hearing.

An Unconditional Waiver includes a waiver of any right to a personal appearance before the BPT to contest the charges against the parolee but shall not be an admission of guilt. The parolee shall not later request a hearing, but may appeal the amount of time assessed by the BPT.

A parolee who is undergoing criminal prosecution may conditionally waive the Revocation Hearing, but retains the option to later request a hearing.

Upon receipt of a signed Optional Waiver, the BPT shall determine whether there is good cause to revoke parole. This determination shall be made without a hearing or personal appearance by the parolee.

If the BPT orders parole revoked and the parolee returned to custody, the parolee then may request a Revocation Hearing following adjudication of criminal charges.

A hearing request shall be submitted no later than two months before expiration of the revocation period.

Upon receipt of the BPT Form 1103, case records staff shall review the action including eligibility/ineligibility to earn applicable credit for accuracy and post it to CDC Form 112.

The Revocation Release Date (RRDRevocation Release Date), Projected Release Date (PRRDProjected Revocation Release Date), Discharge Review Date (DRDDischarge Review Date), Controlling Discharge Date (CDDControlling Discharge Date), and the Projected Controlling Discharge Date (PCDD) shall be computed and posted to the CDC Form 112, BPT Form 1103, and the CDC Form 144.

One copy of the BPT Form 1103 and one copy of the first page of the BPT Form 1103 shall be sent to the Parole Agent. The Parole Agent shall provide a copy of the first page of the BPT Form 1103 to the affected parolee.

One copy of the BPT Form 1103 and a copy of the violation report shall be sent to research. The canary copy of the BPT Form 1103 shall be sent to the BPT.

Once any action is taken by the BPT, case records staff shall post the action to the CDC Form 112. The PRRDProjected Revocation Release Date, RRDRevocation Release Date, DRDDischarge Review Date, and the CDDControlling Discharge Date shall be computed and posted to the CDC Form 112, the BPT Form 1104, and the CDC Form 144.

Two copies of the BPT Form 1104 shall be sent to the Parole Agent, one copy of the BPT Form 1104 shall be sent to the BPT, and one copy of the BPT Form 1104 and one copy of the violation report shall be sent to research.

If the BPT takes action to schedule the matter for revocation, post the action to the CDC Form 112 and wait for the revocation results (BPT Form 1103).

If the BPT revokes parole for a specified amount of time, hold the BPTForm1104 until a signed Unconditional Waiver is received.

Upon receipt of the BPT Form 1101 and if parolee accepts offer, then post the action to the CDC Form 112.

Compute the RRDRevocation Release Date, PRRDProjected Revocation Release Date, DRDDischarge Review Date, PCDD, and the CDDControlling Discharge Date and post to the CDC Form 112, BPT Form 1104, and CDC Form 144.

If parolee rejects the offer, post the date of the rejection and the schedule for revocation proceedings on the CDC Form 112.

Dates shall be recomputed upon receipt of the BPT Form 1103.

Approximately three days prior to the scheduled meeting of the BPT, a final Call Sheet shall be prepared showing the order of calendar appearance of each inmate.

Distribution shall be as follows:

• Original to AWAssociate Warden, Custody.

• Balance as required by local procedures.

The Call Sheet, listing the order of calendar appearance, psychiatric referral cases, caseload identification, and other related data is used as an administrative tool by both the BPT and facility staff.

If a calendared case does not appear as scheduled due to an emergency transfer, hospitalization, refusal to appear, etc., the name shall be lined out on the panel’s copy and the reason for the nonappearance listed.

In such cases, the Cumulative Case Summary shall be removed to preclude its unnecessary review by the panel.

However, if an “absentia determination” is to be made, the Cumulative Case Summary will be left for that purpose. (Specific information pertaining to the case may be obtained from the C-File if required.)

The C&PRClassification & Parole Representative shall inform the officers handling the BPT line to inform the panel whenever an inmate may not be able to appear in regular calendar order.

This notification shall be given to the panel at least one case in advance of the absent inmate’s scheduled appearance in order to prevent an unnecessary review of the case.

In all cases where an inmate refuses to appear on a BPT Calendar, a CDC Form 110–A, Waiver of Release Consideration, shall be prepared. Whether or not signed by the inmate, this form shall provide the inmate’s stated refusal to appear and the reason if known.

If signed by a staff member, it shall denote the fact that the inmate has been contacted in person and has refused to appear, stating the reason if known.

This form shall be presented to the BPT panel before any determination is made and shall be subsequently filed in the inmate’s C-File.

The Deputy Director, Institutions Division, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.

PCPenal Code §§ 1170.2 and 3041.

CCRCalifornia Code of Regulations (15) (2).