Cal. Code Regs. tit. 15 § 2465

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2465 - Prisoner Rights

At the rescission hearing, the prisoner shall have the rights specified in §§ 2245-2255, and the following rights:

(a) Notification of the Charges and the Supporting Evidence. The prisoner shall receive a copy of the charges, and any supporting evidence unless designated confidential pursuant to § 2235.

(b) Attorney. A life prisoner has the right to be represented by an attorney at the rescission hearing. If the life prisoner is indigent, an attorney shall be appointed at state expense. An ISL or non-life prisoner has the right to request the assistance of an attorney. (See §§ 2690-2701.)

(c) Witnesses. The prisoner shall have the right to request the presence of evidentiary witnesses at a rescission hearing. The witnesses shall be called unless the hearing panel has specific reason to deny the request. Witnesses shall be screened in accordance with the procedures of § 2668. The prisoner may request subpoenas or subpoenas duces tecum as provided in §§ 2675-2682. If denied, the specific reasons for denial shall be documented and a copy of the document given to the prisoner. During the hearing, the prisoner has the right, under the direction of the hearing panel, to question all witnesses.

(d) Notice of the Hearing. The prisoner shall be provided with notice of the hearing at least 30 days prior to the hearing date.

(e) Record. The record of the hearing shall be a stenographic transcript.

Cal. Code Regs. Tit. 15, § 2465

1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5. Amendment of section and NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
6. Amendment of section and NOTE filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5, 3041.7 and 5076.3, Penal Code; In re Carroll (1978) 80 Cal. App. 3d 22.

1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
6. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).