For the purposes of this article, the following
definitions shall apply:
(a) An
incarcerated person is an "indeterminately-sentenced nonviolent offender" if
the incarcerated person was sentenced to an indeterminate term and none of the
following is true:
(1) The incarcerated
person is condemned to death;
(2)
The incarcerated person is currently incarcerated for a term of life without
the possibility of parole;
(3) The
incarcerated person is currently convicted of a "violent felony" and is
sentenced to a term of life with the possibility of parole, including a term
for which a violent felony sentence was stayed under Penal Code section
654;
(4) The incarcerated person is currently
serving a determinate term prior to beginning a term of life with the
possibility of parole for a "violent felony;"
(5) The incarcerated person is currently
serving an indeterminate term of incarceration for a nonviolent felony offense
after completing a concurrent or consecutive determinate term for a "violent
felony;"
(6) The incarcerated
person is currently sentenced to a "violent felony" for an in-prison offense;
or
(7) The incarcerated person has
completed an indeterminate term of incarceration and is currently serving a
determinate term for an in-prison offense.
(b) Notwithstanding subsection (a), an
"indeterminately-sentenced nonviolent offender" includes an incarcerated person
who has completed a determinate term of incarceration and is currently serving
an indeterminate term for an in-prison offense that is not a "violent
felony."
(c) "Violent felony" is a
crime or enhancement as defined in subdivision (c) of Section
667.5 of the
Penal Code.
(d) "Primary offense"
means the single crime for which any sentencing court imposed the longest term
of imprisonment, excluding all enhancements, alternative sentences, and
consecutive sentences. For purposes of determining the primary offense under
this section, the term of imprisonment for incarcerated persons sentenced to a
life term under an alternative sentencing scheme for a nonviolent crime shall
be the maximum term applicable by statute to the underlying nonviolent
offense.
(e) "Full term" means the
actual number of days, months, and years for the incarcerated person's primary
offense, not including any sentencing credits.
(f) A "nonviolent parole eligible date" is
the date on which an indeterminately-sentenced nonviolent offender who is
eligible for a parole consideration hearing under Section
3496 has served the full term of
their primary offense, less any actual days served prior to sentencing as
ordered by the court under Section
2900.5 of the
Penal Code and any actual days served in custody between sentencing and the
date the incarcerated person is received by the Department.
Notes
Cal. Code
Regs. Tit. 15, §
3495
Note: Authority cited: Cal. Const., art. 1, sec. 32(b);
and Section
5058, Penal
Code. Reference: Cal. Const., art. 1, sec. 32(a); Section
1170.1(c),
Penal Code; In re Canady (2019) 57 Cal.App.5th 1022; In re Edwards (2018) 26
Cal.App.4th 1181; In re Pope (2010) 50 Cal.4th 777; In re Tate (2006) 135
Cal.App.4th 756; and In re Thompson (1985) 172 Cal.App.3d 256.
Note: Authority cited: Cal. Const., art. 1, sec. 32(b);
and Section
5058, Penal
Code. Reference: Cal. Const., art. 1, sec. 32(a); Section
1170.1(c),
Penal Code; In re Canady (2019) 57 Cal.App.5th 1022; In re Edwards (2018) 26
Cal.App.4th 1181; In re Pope (2010) 50 Cal.4th 777; In re Tate (2006) 135
Cal.App.4th 756; and In re Thompson (1985) 172 Cal.App.3d 256.
1. New article 2 (sections 3495-3497) and section filed 12-26-2018
as an emergency; operative 1/1/2019 (Register
2018, No. 52). Pursuant to Penal Code section
5058.3,
a Certificate of Compliance must be transmitted to OAL by 6-10-2019 or
emergency language will be repealed by operation of law on the following
day.
2. New article 2 (sections 3495-3497) and section refiled
6-6-2019 as an emergency; operative
6/11/2019
(Register
2019, No. 23). Pursuant to Penal Code section
5058.3,
a Certificate of Compliance must be transmitted to OAL by 9-9-2019 or emergency
language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 6-6-2019 order, including
amendments, transmitted to OAL 9-9-2019 and filed 10-21-2019; amendments
effective 10/21/2019 pursuant to Government Code section
11343.4(b)(3)
(Register
2019, No. 43).
4. Amendment of subsections (a)(3) and
(f) and amendment of Note filed 2-28-2022; operative
2/28/2022
pursuant to Government Code section
11343.4(b)(3)
(Register
2022, No. 9).
5. Change without regulatory effect
amending section filed 7-1-2024 pursuant to section 100, title 1, California
Code of Regulations (Register
2024, No. 27).
