(a) The accused ward shall have the right to confront any staff member who has given information against him, and have witnesses with relevant information present (or provide a written witness statement) at the hearing, except when: (1) Such information could pose a danger to another ward or a non-staff member. In such a case, the testimony of the witness may be heard by the fact finder in confidence.(2) The testimony is redundant or irrelevant in the judgment of the fact finder.(b) Witnesses may include voluntary, adverse, and confidential witnesses.(1) Adverse Witnesses. The ward shall have the right to call adverse witnesses. (A) When it is known that a staff witness will be on an extended scheduled leave (longer than three weeks) during the time of the hearing, the ward shall have the opportunity to interview the witness prior to such leave. The interview shall be recorded and heard by the fact finder at the fact finding hearing.(B) When a staff witness is on unscheduled sick leave, or is physically unable, staff shall, when possible, interview the witness, record the statement, and provide a copy to the ward and the fact finder.(C) Ward witnesses shall appear except where their presence would present a danger to themselves or others.(2) Confidential Witnesses. Wards or persons not employed by the Youth Authority may be designated as confidential witnesses only if their testimony could pose a physical threat to themselves or others. Staff members shall not be designated as confidential witnesses.(A) Where the statement of a confidential witness is uncorroborated and appears to be the sole basis for a charged rule or law violation, a polygraph test shall be administered before the information can be used.(B) The fact finder, after hearing or reading the testimony of the confidential witness and evaluating the reasons supporting the confidentiality, shall determine if confidentiality is required. 1. If the fact finder deems that the confidentiality is not appropriate, he shall determine if the witness will testify at the hearing.2. If the testimony meets the standards for confidentiality, the fact finder shall document the findings and the reasons for its support.(C) The fact finder shall reveal the substance of the confidential testimony to the accused ward and/or his representative to the maximum extent possible without jeopardizing the person giving the testimony.(D) If the confidential witness' statement is uncorroborated and is the sole basis for the fact finding hearing, the accused ward may request that a staff representative of his choice be included in any interview with the confidential witness. The staff representative shall:1. Not disclose to the accused ward the identity of the witness or the details of the confidential information.2. Assure the accused ward that the information was received and obtained fairly.(E) The fact finder shall record the degree to which the confidential evidence was relied upon to reach the final decision. The degree shall range from "no influence" to "sole basis for decision."Cal. Code Regs. Tit. 9, § 30709
1. Change without regulatory effect renumbering title 15, section 4645 to title 9, section 30708 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7). Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
1. Change without regulatory effect renumbering title 15, section 4645 to title 9, section 30708 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).