Section 2057 - Participation at Parole Hearings and Medical Parole Hearings(a) Whether a hearing is conducted in person or by videoconference, the inmate's attorney and the interpreter shall be physically present with the inmate during the hearing unless any of the following applies:(1) The inmate waives the physical presence of their attorney;(2) The inmate waives their own right to attend the hearing;(3) The inmate refuses to attend the hearing;(4) The board determines that the interpreter shall attend the hearing by videoconference due to the interpreter's remote location or availability; or(5) Circumstances beyond the control of the inmate's attorney or the interpreter, such as the inmate's medical condition or the housing location, prevent the attorney or the interpreter from being physically present with the inmate during the hearing.(b) Hearings Conducted In Person. If the board determines that the hearing shall be conducted in person, as determined in section 2054 of this division, then the inmate, the inmate's attorney, and the interpreter shall be physically present with the inmate during the hearing, unless one of the exceptions in subsection (a) applies. The following individuals may attend in person, by videoconference, or by telephone: (1) Every victim appearing personally or by counsel, victim's next of kin appearing personally or by counsel, victim's family member appearing personally or by counsel, designated representative of a victim or victim's next of kin appearing personally or by counsel, and support person for a victim, victim's next of kin, or victim's family member provided that person has informed the department's Office of Victim and Survivor Rights and Services of their intention to attend the hearing at least 15 days prior to the hearing;(2) A staff member from the department's Office of Victim and Survivor Rights and Services to act as a support person, if requested by a victim, victim's next of kin, or victim's family member;(3) An institution's classification and parole representative assigned as the victim service representative;(4) A representative of the prosecuting agency;(5) Witnesses called to testify at rescission hearings.(c) Hearings Conducted by Videoconference. If the board determines that the hearing shall be conducted by videoconference, as determined in sections 2053, 2054, 2055, and 2056 of this division, then the inmate, the inmate's attorney, and the interpreter shall be physically present with the inmate during the hearing, unless one of the exceptions in subsection (a) applies. The following individuals may attend the hearing by videoconference or by telephone: (1) Every victim appearing personally or by counsel, victim's next of kin appearing personally or by counsel, victim's family member appearing personally or by counsel, designated representative of a victim or victim's next of kin appearing personally or by counsel, and support person for a victim, victim's next of kin, or victim's family member provided that person has informed the department's Office of Victim and Survivor Rights and Services of their intention to attend the hearing at least 15 days prior to the hearing;(2) A staff member from the department's Office of Victim and Survivor Rights and Services to act as a support person, if requested by a victim, victim's next of kin, or victim's family member;(3) An institution's classification and parole representative assigned as the victim service representative;(4) Representatives of the prosecuting agency;(5) Witnesses called to testify at rescission hearings.(d) In lieu of attending the hearing, victims, victim's next of kin, members of the victim's family, and victim representatives may submit a written or electronically recorded statement in accordance with section 2029 of this division to be considered by the hearing officers.(e) Visitors and observers approved under section 2029.1 of this division, and media representatives approved under sections 2031 and 2032 of this division, shall attend the hearing in a manner approved by the board, which may include in person, by videoconference, or by telephone. Media representatives shall only attend in person if the hearing is conducted in person.Cal. Code Regs. Tit. 15, § 2057
Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3000.1, 3041.1, 3041.5, 3041.6, 3041.7, 3043, 3043.2 and 3043.25, Penal Code.
Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3000.1, 3041.1, 3041.5, 3041.6, 3041.7, 3043, 3043.2 and 3043.25, Penal Code.
1. New section filed 9-27-2021 as an emergency; operative 9/27/2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-28-2022 as an emergency, including amendments; operative 3/28/2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6/27/2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-27-2022 order, including amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022; amendments effective 11/7/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 45).
5. Amendment of subsections (b)(1) and (c)(1), repealer of subsections (b)(2)-(3) and (c)(2)-(3), new subsections (b)(3) and (c)(3) and subsection renumbering filed 5-31-2024; operative 7/1/2024 (Register 2024, No. 22).