Chapter 7 – Adult Case Records Information

74030.16 Postponement or Rescission of Release

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Sentence Law inmate or the parole date of a life or non-life PCPenal Code 1168 inmate may be postponed or rescinded for good cause at a rescission hearing.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