Tier two early termination petition (Pen. Code 290.5(b)) denied: earliest re-petition (1 year)

12 months after date the 290.5(b) tier-two petition was denied, under Cal. Pen. Code 290.5(b)(2).

Rule text

If the petition is denied, the person may not repetition for termination for at least one year.

Cal. Pen. Code 290.5(b)(2), official source

Calculate this deadline

Deadline
Monday, November 8, 2027
  1. Trigger (Date the 290.5(b) tier-two petition was denied): Friday, November 6, 2026.
  2. Add 12 months: Saturday, November 6, 2027.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, November 6, 2027.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, November 8, 2027.
Rules applied
Cal. Pen. Code 290.5(b)(2)
If the petition is denied, the person may not repetition for termination for at least one year.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • EARLIEST re-petition date. Paragraph designation read from leginfo text; verify before citing.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the 290.5(b) tier-two petition was denied on Monday, March 15, 2027, personal service: due Thursday, March 16, 2028.

  1. Trigger (Date the 290.5(b) tier-two petition was denied): Monday, March 15, 2027.
  2. Add 12 months: Wednesday, March 15, 2028.
  3. The period includes its last day, so the earliest day to act is the next court day: Thursday, March 16, 2028.

Notes

EARLIEST re-petition date. Paragraph designation read from leginfo text; verify before citing.

Related deadlines

All California criminal deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.