Section 2029 - Victims, Next of Kin, and Immediate Family Members at Hearings(a) Notice to Board. Victims or, if the victim has died, the next of kin or immediate family members may, upon request to the Board of Prison Terms, receive notification of any parole consideration hearing, to review or consider the parole suitability for any prisoner in a state prison, so that an opportunity to make a statement is afforded them. The Board shall notify each such person who has informed it of his or her address at least 30 days prior to the hearing date.(b) Notification and Appearance, Next of Kin. The next of kin and immediate family members shall be entitled to notification and to appear under this section in the following order: (6) grandparents If one person qualifies as the next of kin, he or she shall be entitled to notice and appearance under this section.
(c) Notification and Appearance, Immediate Family Members. If there is no next of kin, immediate family members shall be entitled to notification and to appear under this section in the order specified in subsection (b). Up to two persons of the categories in descending order are entitled to notice and to appear. More than two persons may appear with the prior approval of a panel member, the chairman, or the executive officer.
(d) Representation by Counsel. The victim, next of kin, or immediate family members may appear personally or be represented by counsel. If counsel and client both attend the hearing, only one may appear by making a statement or addressing the panel.(e) Support Persons. Victims, next of kin, or immediate family members attending hearings may be accompanied by one support person of his or her own choosing who shall not participate in the hearing nor make comments while in attendance. In order for such person to be admitted to the hearing, the person requesting support shall advise the board of the name of the support person at the time he or she informs the board of his or her intention to attend.(f) Audio or Video Tapes. In lieu of personal appearance, any victim, next of kin, or immediate family member may submit an audio taped (cassette) or video taped (VHS format) statement, not to exceed 15 minutes in length, to the Classification and Parole Representative of the appropriate institution three weeks before the hearing for consideration by the hearing panel. [The Classification and Parole Representative shall advise the executive officer of the receipt of any such tape and transcript.] Material submitted after this deadline need not be considered. A written transcript must accompany an audio or video taped statement. The tape and transcript shall be placed in the prisoner's central file. The person submitting the tape may request at the time of any subsequent hearing that the board reconsider the tape.Cal. Code Regs. Tit. 15, § 2029
1. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
4. Amendment of section heading, subsection (a) and NOTE and new subsections (b)-(f) filed 4-24-92; operative 5-25-92 (Register 92, No. 19).
5. Governor Newsom issued Executive Order N-36-20 (2019 CA EO 36-20), dated March 21, 2020, which temporarily changed certain provisions relating to parole hearings held by videoconference, due to the COVID-19 pandemic.
6. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44). Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3043, 3043.1, 3043.2, 3043.3, 3043.5, 5075 and 5076.1, Penal Code; and Section 11120, Government Code.
1. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
4. Amendment of section heading, subsection (a) and Note and new subsections (b)-(f) filed 4-24-92; operative 5-25-92 (Register 92, No. 19).
5. Governor Newsom issued Executive Order N-36-20 (2019 CA EO 36-20), dated March 21, 2020, which temporarily changed certain provisions relating to parole hearings held by videoconference, due to the COVID-19 pandemic.
6. Change without regulatory effect amending subsection (a) filed 10-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 44).