California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 3 - Parole Release › Article 10 - Multijurisdiction Regulations › Section 2367 - Multijurisdiction Prisoners Located Outside California: Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Multijurisdiction prisoners located outside California
					 shall have the following rights:
(a)
				  Notice. A prisoner shall be notified of the week during which the hearing shall
				  be held, as soon as possible, but no later than one month before the week
				  during which the hearing will be held, unless different provisions are made in
				  the section dealing with a specific hearing. As soon as possible but no later
				  than two weeks in advance of the hearing, a prisoner or parolee shall be
				  notified of the specific date of the hearing. Department staff shall provide
				  notification of the hearing.
(b)
				  Attorney. A prisoner shall be entitled to the assistance of a California
				  attorney at telephone hearings (see subsection (d) below) in all cases where
				  the prisoner would be entitled to the assistance of an attorney if the hearing
				  were to be held in California and the prisoner could personally appear before
				  the board.
(c) Disclosure. A
				  prisoner is entitled to review nonconfidential documents in the department
				  central file. The department is responsible for establishing the procedures for
				  such review. A prisoner is responsible for complying with the department
				  procedures for review of the documents. A prisoner shall have the opportunity
				  to enter a written response to any material in the file.
A prisoner who is dissatisfied with the disclosure may
					 appeal pursuant to department procedures. (See Title 15, California
					 Administrative Code, Section
					 3003).
(d) Hearing.
(1) General. The prisoner has a right to
				  either a telephone hearing conducted by the board at the central office
				  calendar through the use of such telephone equipment as will permit him to
				  participate in the entire proceeding or a hearing conducted in the other
				  jurisdiction by officials of that jurisdiction.
(2) Determination. The prisoner shall receive
				  a telephone hearing unless the hearing is being conducted to determine whether
				  the individual has violated a condition of parole or engaged in conduct which
				  may result in the rescission or postponement of a parole date; the issue has
				  not been settled against the prisoner in a criminal prosecution; and:
(A) The prisoner has made a timely request
				  for the presence of friendly witnesses in order to demonstrate essential
				  facts;
(B) The factual issues
				  involved are complex;
(C) The
				  prisoner will have difficulty in developing or presenting the issues,
				  or
(D) The prisoner is unable to
				  effectively communicate due to language difficulties or physical or mental
				  defect.
(3) WICC and ICC
				  Prisoner Hearing Consent. A WICC or ICC prisoner's hearing shall not be held
				  for the board by officials of the other jurisdiction unless the board at the
				  central office calendar has requested and received the written consent of the
				  prisoner, unless consent was previously given. Consent to any single hearing
				  shall be deemed consent to any subsequent hearing considering the same conduct
				  or any decision based on that conduct.
(4) Hearing Dates for WICC and ICC Prisoners.
				  Any hearing or rehearing to which a WICC or ICC prisoner is entitled under the
				  rules in each chapter in this division may be held no later than 120 days after
				  the time specified in the applicable rule.