Cal. Code Regs. tit. 15 § 2030

Current through Register 2023 Notice Reg. No. 44, November 3, 2023
Section 2030 - Prosecutor Participation
(a) Hearings in Which Prosecutors May Participate.
(1) General. Except as otherwise provided in this section, the Chairman or Executive Officer may permit a representative of the office which prosecuted a prisoner or parolee to participate in any board hearing when the prisoner or parolee is represented by an attorney.
(2) Extended Term Hearings. A representative of the Attorney General or the district attorney of the county from which the prisoner was committed may participate in any extended term hearing for that prisoner.
(3) Parole Consideration and Rescission Hearings for Life Prisoners. A representative of the district attorney of the county from which a life prisoner was committed may participate in any parole consideration or rescission hearing for that prisoner. If the Attorney General prosecuted the case for the county, or if the district attorney cannot appear because of a conflict, the Attorney General may appear and participate in the hearing for the district attorney.
(b) Notification Requirements. Notice that a hearing will be held shall be given to the prosecutor at least 30 days before the hearing. If the prosecutor wishes to participate in the hearing he shall, at least two weeks before the hearing, notify the institution hearing coordinator that a representative will attend. The prisoner's attorney shall be notified that a prosecutor will attend.
(c) Prehearing Procedures. The prosecutor may review the prisoner's central file and submit any relevant documents including the Appellant's and Respondent's Statements of the Case and Statements of Facts filed in any appeal that may have been taken from the judgment. Any information which is not already available in the central file shall be submitted in writing to department staff not later than ten days before the hearing. Failure to submit new information as provided in this section may result in exclusion of the information at the hearing.

As soon as administratively feasible department staff shall forward to the prisoner or his attorney copies of any documents submitted by the prosecutor. Department staff shall forward to the prosecutor copies of all documents provided to the prisoner or his attorney.

(d) Hearing Procedures.
(1) Procedures. The presiding hearing officer shall specify the hearing procedures and order in which testimony will be taken. The hearing officer shall ensure throughout the hearing that unnecessary, irrelevant or cumulative oral testimony and statements are excluded.
(2) Role of the Prosecutor. The role of the prosecutor is to comment on the facts of the case and present an opinion about the appropriate disposition. In making comments, supporting documentation in the file should be cited. The prosecutor may be permitted to ask clarifying questions of the hearing panel, but may not render legal advice.

Cal. Code Regs. Tit. 15, § 2030

Note: Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 1170.2 and 3041.7, Penal Code.

1. New section filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
3. Amendment of subsection (a)(3) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of subsections (c) and (d)(1) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).