California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 1 - General › Article 6 - Proceedings Conducted in Person and by Videoconference › Section 2051 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to the regulations
					 contained in this article.
(a)
				  "Videoconference" means the simultaneous or near simultaneous transmission of
				  audio and video signals by any means between one or more physical
				  locations.
(b) "Physical presence"
				  or being "physically present" means specified parties are together at a
				  particular time and place so as to be in view or at hand of each
				  other.
(c) "Effective
				  communication" means communication between parties in which each party is able
				  to understand to the best of their abilities both the content and meaning of
				  the other party's statements.
(d)
				  "Hearing officer" means a commissioner or deputy commissioner of the
				  board.
(e) A "victim" is a person
				  who has registered as a victim with the department's Office of Victim and
				  Survivor Rights and Services.
(f) A
				  "victim's next of kin" is a person who has registered as a victim's next of kin
				  with the department's Office of Victim and Survivor Rights and
				  Services.
(g) A "member of the
				  victim's family" is a person identified in subdivision (e) of section
				  3043 of the
				  Penal Code who has registered as a member of the victim's family with the
				  department's Office of Victim and Survivor Rights and Services.
(h) A "victim's representative" is a person
				  designated in writing to the department's Office of Victim and Survivor Rights
				  and Services by the victim, or the victim's next of kin if the victim is
				  deceased or incapacitated, to be their representative.
(i) A "victim's support person" is a person
				  designated by the victim, victim's next of kin, or members of the victim's
				  family to appear and offer support and is identified in advance of the parole
				  hearing to the department's Office of Victim and Survivor Rights and
				  Services.
(j) A "parole hearing"
				  refers to parole consideration, parole reconsideration, and rescission hearings
				  conducted pursuant to sections
				  3000,
				  3000.1, or
				  3041.5 of the
				  Penal Code.
(k) A "medical parole
				  hearing" refers to a hearing conducted pursuant to section
				  3550 of the
				  Penal Code and under
Coleman v. Newsom
(E.D.Cal. Feb. 10,
				  2014, No. 2:90-cv-00520-LKK DAD (PC), 2014 WL 2889598, 2014 U.S. Dist. Lexis
				  17913) and
Plata v. Newsom
(N.D. Cal., No.
				  3:01-cv-01351-TEH).
(l) A "hearing
				  for an offender with a mental health disorder" refers to a hearing conducted
				  pursuant to subdivision (b) of section
				  2964 or subdivision (a) of section
				  2966 of the
				  Penal Code.
(m) A "consultation"
				  refers to a meeting conducted pursuant to paragraph (1) of subdivision (a) of
				  section
				  3041 of the
				  Penal Code.
(n) A "proceeding"
				  includes:
(1) A parole hearing;
(2) A medical parole hearing;
(3) A hearing for an offender with a mental
				  health disorder; and
(4) A
				  consultation.