Menefield

*390 This case is about the validity of a regulation governing a circumstance the Board of Parole Hearings (the board) can consider when determining whether a person convicted of a crime punishable with an indeterminate life sentence is unsuitable for parole: California Code of Regulations, title 15, section 2402, subdivision (c)(6) (hereafter, section 2402(c)(6) ). Section 2402(c)(6) provides that an inmate's "serious misconduct in prison or jail" can tend to show his or her unsuitability for parole.

*391 In challenging the validity of the regulation, petitioner first contends the regulation lacks clarity because it does not define "serious misconduct," and thus also fails to inform prisoners they may be denied parole for committing minor or administrative infractions. Second, petitioner contends he should be permitted to amend his petition for a writ of mandate to include a claim that the regulation is unconstitutionally vague.

We affirm the judgment of the trial court, which dismissed petitioner's writ petition on the basis that he failed to state a claim for relief because the regulation at issue does not lack clarity. We also conclude that petitioner has not stated…