Section 3499.1 - Elderly Parole Eligible Date (Eped) Determinations(a) An Elderly Parole Eligible Date (EPED) means the date on which an incarcerated person who qualifies as an elderly offender is eligible for release from prison.(b) The department's case records staff shall determine whether an incarcerated person qualifies as an elderly incarcerated person as defined in section 3499(a) for the purpose of calculating an EPED.(c) The department's case records staff shall calculate the EPED within 60 calendar days of an incarcerated person's admission to the department.(d) An EPED is the date an incarcerated person, who meets the criteria to qualify as an elderly incarcerated person for the statutory Elderly Parole Program, reaches 50 years of age and has served 20 years of continuous incarceration.(1) For purposes of calculating an EPED, a break in custody shall include instances where an incarcerated person:(A) Escapes from custody; or(B) Is released on their own recognizance or bail after sentencing for their current term.(2) For purposes of calculating an EPED, a break in custody shall not include instances where an incarcerated person: (A) Is released on their own recognizance or bail prior to sentencing for their current term; or(B) Released from custody in error.Cal. Code Regs. Tit. 15, § 3499.1
Note: Authority cited: Cal. Const., art. I, sec. 32; and Sections 2081.5, 3055, 5054, 5055 and 5058, Penal Code. Reference: Cal. Const., art. I, sec. 32; and Sections 2900, 2900.5, 2901, 3055 and 5054, Penal Code.
Note: Authority cited: Cal. Const., art. I, sec. 32; and Sections 2081.5, 3055, 5054, 5055 and 5058, Penal Code. Reference: Cal. Const., art. I, sec. 32; and Sections 2900, 2900.5, 2901, 3055 and 5054, Penal Code.
1. New section filed 6-13-2023; operative 10/1/2023 (Register 2023, No. 24).
2. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).