Section 2576 - Certification Hearing(a) The purpose of a certification hearing is to determine whether or not the prisoner/parolee, in fact, meets the criteria required for treatment by the State Department of Mental Health as a condition of parole as set forth in Penal Code section 2962.(b)(1) The standard of proof used by the board at this hearing shall be a preponderance of evidence standard.(2) The burden of proof to establish that the prisoner meets the criteria set forth in Penal Code section 2962 shall be on the person or agency that so certified.(3) The prisoner/parolee shall have the rights specified in §§ 2245-2256.(4) An attorney shall be appointed or retained to represent the prisoner or parolee. Attorney waivers will not be accepted.(5) The prisoner shall be informed that he/she has the right to request an evaluation by two independent professionals from the approved list provided by the State Department of Mental Health and the Department of Corrections. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as defined in Penal Code section 2978.(6) The record of the hearing shall be a tape recording.(7) Written Decision. The prisoner and his or her attorney shall receive a copy of the decision specifying the decision, the information considered, and the reasons for the decision.(8) A prisoner may appeal a certification hearing decision pursuant to § 2050.(9) The hearing shall be conducted by one Deputy Commissioner.(10) The prisoner shall be informed at the hearing of his or her right to request a trial on whether he or she meets the criteria of Penal Code section 2962.(11) The board shall provide a prisoner who requests a trial a petition form and instructions for filing the petition.Cal. Code Regs. Tit. 15, § 2576
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(5) and reference citation, and new subsection (b)(11) filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45). Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2966 and 2978, Penal Code.
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(5) and reference citation, and new subsection (b)(11) filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).