Cal. Code Regs. tit. 15 § 2447

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2447 - Parole Consideration Hearings
(a) In considering the suitability for parole of an inmate who is not a youth offender under section 2440 of article 14 of this chapter, but who committed the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment before he or she attained 26 years of age, a hearing panel shall give great weight to the youth offender factors described in section 2446 of article 14 of this chapter:
(1) the diminished culpability of youth as compared to adults;
(2) the hallmark features of youth; and
(3) any subsequent growth and increased maturity of the inmate.
(b) A hearing panel shall conduct a parole consideration hearing for an inmate described in subdivision (a) in compliance with the requirements for initial and subsequent parole consideration hearings described in this chapter and Penal Code sections 3040, 3041, 3041.5, 3041.7, 3042, 3043, 3043.1, 3043.2, 3043.25, 3043.3, 3043.5, 3043.6, 3044, 3046, and 3055.
(c) A hearing panel shall find an inmate described in subdivision (a) suitable for parole unless the panel determines, even after giving great weight to the youth offender factors, that the inmate remains a current, unreasonable risk to public safety. If a hearing panel finds an inmate described in subdivision (a) unsuitable for parole, the hearing panel shall articulate in its decision the youth offender factors present and how such factors are outweighed by relevant and reliable evidence that the inmate remains a current, unreasonable risk to public safety.
(d) If a hearing panel finds an inmate described in subdivision (a) unsuitable for parole, the panel shall impose a denial period in accordance with Penal Code section 3041.5, subdivision (b), paragraph (3).
(e) Nothing in this article is intended to alter the rights of victims at parole consideration hearings.

Cal. Code Regs. Tit. 15, § 2447

1. New article 14.1 (sections 2447-2448) and section filed 11-20-2019; operative 1-1-2020 (Register 2019, No. 47).

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5 and 4801(c), Penal Code; and In re Lawrence (2008) 44 Cal.4th 1181, 1214.

1. New article 14.1 (sections 2447-2448) and section filed 11-20-2019; operative 1/1/2020 (Register 2019, No. 47).