Section 2580 - Discharge Review and Annual Review Hearings(a) If the P&CSD at the time of the review required by § 2535 recommends that the parolee be retained on parole and to reaffirm the special condition of treatment by the State Department of Mental Health, and the decision of central office calendar is to retain and reaffirm, the parolee is entitled to an Annual Review Hearing conducted under the provisions of subdivision (b) of this section.(b) The purpose of the hearing is to determine whether:(1) The parolee has a severe mental disorder. The parolee's severe mental disorder is not in remission or cannot be kept in remission without treatment.(2) The crime occurred on or after January 1, 1986.(3) The prisoner represents a substantial danger of physical harm to others by reason of his or her severe mental disorder.(4) The parolee can be safely and effectively treated on an outpatient basis if the parolee is still being treated as an inpatient.(c)(1) The standard of proof used by the board at this hearing shall be a preponderance of the evidence standard.(2) The burden of proof shall be on the State Department of Mental Health to establish that the parolee is not in remission or cannot be kept in remission without treatment and requires further treatment.(3) The parolee shall have the rights specified in §§ 2245-2256.(4) An attorney shall be appointed or retained to represent the parolee. Attorney waiver will not be accepted.(5) The record of the hearing shall be a tape recording.(6) Parolees shall be informed that they have a right to request evaluation by two (2) independent professionals from the approved list provided by the Department of Corrections and State Department of Mental Health. 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.(7) The parolee and attorney shall receive a copy of the decision specifying the decision, the information considered, and the reasons for the decision.(8) A parolee may appeal the decision pursuant to § 2050.(9) The hearing shall be conducted by one Deputy Commissioner.(10) The parolee shall be informed at the hearing of his or her right to request a trial under the provisions of law.Cal. Code Regs. Tit. 15, § 2580
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 of 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 subsections (b) and (c) and reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (a), (b)(1), (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 2962, 2964, 2966, 2978 and 2980, 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 of 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 subsections (b) and (c) and reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (a), (b)(1), (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).