Section 2367 - Multijurisdiction Prisoners Located Outside California: RightsMultijurisdiction 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.(e) Interview. At any hearing the prisoner has the right to speak on his own behalf and to ask and answer questions. A prisoner refusing to participate in a hearing shall be advised that a decision may be made without his participation. No panel shall consider information not available to the prisoner or his attorney unless the information is designated confidential (see Section 2235).(f) Presentation of Documents. A prisoner shall have the rights specified in Section 2249. The department is responsible for establishing procedures for the presentation of documents by prisoners located outside California. The prisoner is responsible for complying with the department procedures and for submitting any documents within a sufficient time prior to the hearing date so that they may be considered by the panel.(g) Impartial Panel. The prisoner shall have the rights specified in Section 2250.(h) Assistance. The prisoner shall have the rights specified in Section 2251. The department is responsible for establishing procedures for providing a prisoner located outside California with appropriate assistance during the hearing.(i) Department Representative. The prisoner shall have the rights specified in Section 2252.(j) Continuance. The prisoner shall have the rights specified in Section 2253.(k) Record of Hearing. The prisoner shall have the rights specified in Section 2254.(l) Written Statement of Decision. The prisoner shall have the rights specified in Section 2255.Cal. Code Regs. Tit. 15, § 2367
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-14-78 as an emergency; effective upon filing (Register 78, No. 28).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43). Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1389.7, 3041.5, 11190 and 11193, Penal Code.
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-14-78 as an emergency; effective upon filing (Register 78, No. 28).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).