Laws

Legal Provisions

§2269.1: Documentation Hearings

For original text, see the official site for California legislative information.

(a) General. Prisoners committed for first or second degree murders committed on or after November 8, 1978 and prisoners committed pursuant to Penal Code Sections 667.51, 667.7 and 217.1 shall have hearings prior to the minimum eligible parole date.

(1) At these hearings the panel shall review the prisoner's activities and conduct considering the criteria in Section 2410 and document activities and conduct pertinent to granting or withholding postconviction credit. When the Board establishes a parole date the panel shall consider this information and determine whether to grant or withhold postconviction credit for time served prior to the date of the hearing at which parole is granted. Once the parole date is established, these prisoners shall have progress hearings as provided in Section 2269.

(2) In order to identify potential cases of Battered Woman Syndrome (BWS), the Deputy Commissioner or Commissioner conducting a documentation hearing shall refer any case to the Executive Officer in which the prisoner appears to have suffered the effects of BWS as defined in section 2000(b). The purpose of the investigation is to determine whether it appears the criminal behavior was the result of that victimization.

(b) Panel. This hearing is conducted by a panel of one deputy commissioner.

(c) Scheduling. This hearing shall be scheduled by department staff. The first documentation hearing shall be held during the 36th month after the life term starts (See Section 2411(c)). Subsequent documentation hearings shall be held at three year intervals until the initial parole consideration hearing. Time during which service of the life term is tolled because the prisoner is serving a determinate term shall not be included in determining the scheduling of documentation hearings.

NOTE

Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sections 217.1, 3040, 3041, 3041.5, 667.51, 667.7, 4801 and 5076.1, Penal Code; and In re Stanley, 54 Cal.App.3d 1030 (1975).

HISTORY

1. New section filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).

2. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).