Tuesday, March 29, 2022

Elderly Parole law AB3234: new Regulations for Elderly Parole finally enacted [by BPH] under 15 CCR 2449.40

Even though the Elderly Parole law AB3234 became effective last year. BPH is finally getting around to enacting Sections 2449.40 - 2449.43 [of Title 15], governing parole consideration hearings for elderly inmates. 

It may take CDCR a while to review all the inmates that qualify under AB3234 Elderly Law becasue CDCR recently received the Regulations from the Board Of Parole Hearings (BPH). 

The important sections of the new regulations enumerating the Elderly Inmate Factors are under Section 2449.43. The factors will be given Special Considerations during the Elderly Parole Hearings.

They are in summary as follows: 

§ 2449.43. Elderly Inmate Factors. 

 (a) Age. Consideration of an elderly inmate’s age includes the following: 

(1) Cognitive decline and its impact on an elderly inmate’s ability to process information, convert thought to action, the ability to learn, the ability to plan, recall or reorganize information, organize information, control impulses, execute a task, incorporate feedback, alter a strategy, sustain complex attention, or to calm down when emotionally aroused; 

 (2) Physiological changes that decrease the motivation to commit crime or be violent. 

 (b) Time Served. The impact of long term confinement of elderly inmates includes, consideration of the following: 

 (1) Reduced criminal propensity; 

(2) Alteration of attitudes and beliefs over time; 

(3) Evidence of prosocial routines; 

 (4) Social conformity; 

 (5) Detachment from crime producing environments and peers. 

(c) Diminished Physical Condition. The diminished physical condition of elderly inmates includes, consideration of the following: 

(1) The capability of an inmate to physically commit crimes and violence; 

(2) Chronic or terminal illness; 

 (3) Evidence of sensory impairment due to visual, hearing or speech impairment; 

 (4) Inability to ambulate or difficulty in ambulating without an ambulation assistive device; 

(5) Nursing Care Acuity; 

 (6) Diminished mental capacity; 

(7) Assistance with daily living activities that includes but is not limited to, feeding, bathing, dressing, grooming, work, homemaking, or communication; 

(8) Permanent incapacitation due to medical, physical, or mental health condition, or any other condition that results in permanent incapacitation; and 

 (9) Other evidence of diminished physical condition. 




Pursuant to the requirements of Government Code section 11346.8 (c). and section 44 of Title I of the California Code of Regulations, the Board of Parole Hearings is providing notice of changes made to Regulation Number 21-04, proposed sections 2449.40, 2449.41, 2449.42, and 2449.43. Additionally. pursuant to the requirements of Government Code sections 11346.8( d). 11346. 9( a)( 1), and 11347.1. the Board of Parole Hearings is providing notice of the addition of a document to the rulemaking file to make available for public comment and inspection. 

The document added to the rulemaking file is as follows: 

Supplement to the Initial Statement of Reasons  

Regulatory Text Document is available for public inspection at the Board's office located at 1515 K street, 6th Floor, Sacramento. California 95814, from March 10, 2022, through March 25. 2022 between the hours of 9:00 AM and 5:00 PM. This document is also available to view on the board's website at: Regulatory Changes - Board of Parole Hearings ( 

If you have any comments regarding the proposed changes or the Supplement to the Initial Statement of Reasons. the Board will accept written and electronic email comments between March 11, 2022 and March 25, 2022. 

All written and electronic email comments must be submitted to the Board no later than March 25, 2022, and addressed to: 

Chancellor Veal, Staff Attorney 
Board of Parole Hearings 
P.O. Box 4036 Sacramento, CA 95812-4036 

All written comments received by March 25,2022, which pertain to the indicated changes or the Supplement to the Initial Statement of Reasons will be reviewed and responded to by the Board's staff as part of the compilation of the rule making file. Please limit your comments to the modifications to the text and the Supplement to the Initial Statement of Reasons.

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