Cal. Code Regs. tit. 9 § 30810

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

Section 30810 - Category 4 Offenses

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

(a) Offenses:

(1) Vehicular Manslaughter (192(c) Penal Code).

(2) Involuntary Manslaughter (192(b) Penal Code).

(3) Robbery (Armed With Dangerous or Deadly Weapon or With Substantial Injury) (211 Penal Code).

(4) Assault with Caustic Chemicals (244 Penal Code).

(5) Assault with a Deadly Weapon or Force Likely to Produce Great Bodily Injury (with substantial injury) (245(a)(1) Penal Code).

(6) Assault with Firearm (with substantial injury) (245(a)(2) Penal Code).

(7) Assault with Intent to Commit Rape, etc. (220 Penal Code).

(8) Child Cruelty Likely to Produce Great Bodily Injury or Death (273a(1) Penal Code).

(9) Extortion (518 and 520 Penal Code).

(10) Grand Theft Person (armed with dangerous or deadly weapon or with substantial injury) (487(2) Penal Code).

(11) Burglary (armed with dangerous or deadly weapon or with substantial injury) (459 and 460 Penal Code).

(12) Shooting at Inhabited Dwelling House, Occupied Building or Vehicle (246 Penal Code).

(13) Arson (451 Penal Code).

(14) Recklessly Causing a Fire of any Structure, Forest Land, or Property (with substantial injury) (452 Penal Code).

(15) Sale, Possession for Sale, Transportation, or Furnishing of Controlled Substance, Narcotics, Marijuana.

(16) Maintaining Place for Selling, Using of Certain Controlled Substances or Specified Narcotics (11366 Health and Safety Code).

(17) Any other felony including attempted felony not listed in Categories 1 through 3 (with substantial injury).

(18) Conspiracy to commit any Category 4 offense (182 Penal Code).

(19) Discharging a Firearm from a Motor Vehicle (12034(c), Penal Code)

(20) Attempt of any offenses in Categories 2 and 3.

(21) Recommitment for any offense listed in Category 5 and 6 with a prior commitment for any offense in Categories 1 through 6.

(b) Panels, Deviation, and Modification.

(1) All cases in this category may be heard by a referee at the initial hearing. The referee may approve a six-month deviation from the prescribed parole consideration date. A referee may recommend further deviation from the prescribed parole consideration date by submitting the matter to a full Board panel for decision. All subsequent hearings shall be heard by a Board panel with the exception of the following:

(A) 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 in any annual review year modify an established parole consideration date by six months with the exception of the following:

(A) A Board panel or referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.

(B) A referee may modify an established 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 approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date 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 foregoing 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, § 30810

1. Change without regulatory effect renumbering former title 15, section 4954 to new title 9, section 30810 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).

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