There is no right to judicial review. Although the record is not clear, petitioner's hearing on the sexual assault charge was apparently provided under one of these provisions. A hearing conducted pursuant to Sect. 51 is an administrative adjudicatory proceeding with certain limited due process protections. The prisoner is, for example, entitled to notice, an opportunity to present evidence and to make an oral or written argument before a hearing officer, an opportunity to submit questions for the Department's witnesses, and a decision based on the preponderance of the evidence.
Judicial review is also available.
The Department contends that the court erred in reaching that conclusion. Prisoner eligibility for community status is governed by 1993 AACS, R 791.4410. Once a prisoner is designated as a homosexual predator, the prisoner is ineligible for community placement. Because the designation denies the prisoner community placement eligibility, the determination whether to label the prisoner as a homosexual predator falls squarely within the scope of Sect. According to the Department, because petitioner will not be within 180 days of his minimum sentence until 2002, the decision whether to label petitioner a homosexual predator could not have any impact on his community placement eligibility.