Cal. Code Regs. tit. 9 § 30808

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 30808 - Category 2 Offenses

A parole consideration date interval of four years shall be established for those cases committed to the Youth Authority for offenses in this category.

(a) Offenses.

(1) Voluntary Manslaughter (192 Penal Code).

(2) Rape (in concert or with substantial injury) (261 and all subsections and 264.1 Penal Code).

(3) Sodomy (in concert or with substantial injury) (286 and all subsections Penal Code).

(4) Sexual Assault with a Foreign Object (in concert or with substantial injury) (289 and 264.1 Penal Code).

(5) Oral Copulation (in concert or with substantial injury) (288a and all subsections Penal Code).

(6) Lewd or Lascivious Act on Child Under 14 (Age of defendant in relationship to victim to be considered as possible mitigation) (288 and all subsections Penal Code).

(7) Kidnap for Ransom, Reward or Extortion (209(a) Penal Code).

(8) Kidnap during carjacking (209.5 Penal Code).

(9) Explosion/attempt to explode or ignite a destructive device with the intent to commit murder (12308 Penal Code).

(10) Kidnap for Robbery (209[b] Penal Code).

(11) Conspiracy to commit any Category 2 offense (182 Penal Code).

(12) Attempt of any Offense in Category 1.

(13) Continuous sexual abuse of a child (288.5 Penal Code and all subsections).

(b) Panels, Deviation, and Modification.

(1) All cases in Category 2 shall be heard by a Board panel at the initial hearing and all subsequent hearings with the exception of the following:

(A) Parole consideration hearings shall be conducted by a full panel.

(B) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.

(2) A Board panel or referee may approve a deviation or modification of six months earlier or later than the prescribed or previously established parole consideration date, except that a referee may modify a parole consideration date up to 12 months for DDMS behavior.

(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.

(4) A full Board panel may modify a previously established parole consideration date by a maximum of six months in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.

(5) A recommendation of a full Board panel for deviation or modification in excess of the periods of time cited in (4) of this section shall be submitted to the Full Board En Banc for decision.

(6) The Full Board En Banc is not limited in its ability to deviate or modify.

Cal. Code Regs. Tit. 9, § 30808

1. Change without regulatory effect renumbering former title 15, section 4952 to new title 9, section 30808 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).

Note: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.