structure the board's and division's policies in relation to this program,
designed to afford certain relatively young, nonviolent offenders an
opportunity to learn self discipline and control.
(b) Due to the nature of the shock incarceration program, wherein an
eligible inmate may be paroled prior to the expiration of the minimum
period of imprisonment imposed by the court upon successful completion of
the program, special rules shall apply to such persons, and they shall be
treated as a separate category of offender while within the jurisdiction
of the division.
Section 8010.2 Parole release.
(a) The Legislature mandated that the shock incarceration program be
available only to specially selected, nonviolent eligible inmates, and the
program incorporates a highly structured routine of discipline, intensive
regimentation, exercise and work therapy, together with substance abuse
therapy, education, and pre-release and self-improvement counseling. The
board, after consideration of the eligibility criteria established by the
Legislature, and the extensive, stringent criteria established by the
Department of Correctional Services for program selection and retention,
believes that an inmate who is selected and who thereafter successfully
completes the entire shock incarceration program will normally represent
an excellent candidate for release onto parole. Therefore, an inmate's
successful completion of the program, and receipt of a certificate of
earned eligibility, shall create a presumption in favor of parole release.
(b) An eligible inmate participant in the shock incarceration program
shall be considered for release onto parole prior to such inmate's
completion of the program, except as otherwise specified in paragraph
(g)(1) of this section. A decision to grant or deny release onto parole
will be made by at least two members of the board, and will be premised on
reports prepared and/or compiled by the division concerning the inmate
participant. At the time of such review by members of the board, the board
will assume that the inmate will successfully complete the program and be
awarded a certificate of earned eligibility by the Department of
Correctional Services. Upon the completion of its review, the board will
either: (1) issue a conditional grant of parole, conditioned on the
inmate's successful completion of the shock incarceration program and the
issuance of a certificate of earned eligibility to the inmate; or (2) deny
release. If release is denied, the inmate shall be informed in writing,
within two weeks of the board's rendition of its decision, of the factors
and reasons for such denial. An inmate denied parole release shall
thereafter appear at least one month prior to the expiration of the
minimum period of imprisonment fixed by the court, in accordance with the
provisions of Part 8002 of this Title.