Cal. Code Regs. tit. 15 § 2256

Current through Register 2024 Notice Reg. No. 42, October 18, 2024

Section 2256 - Attorney

(a) General. A prisoner or parolee may be represented by an attorney at specific hearings. The sections concerning particular hearings and the prisoner's or parolee's rights at those hearings specify whether the prisoner or parolee may be represented by an attorney.

(b) Waiver. If a prisoner or parolee is entitled to representation by an attorney at a hearing, the prisoner or parolee may waive the right to an attorney. Department staff shall document the waiver.

(c) Indigents. If a prisoner or parolee is entitled to be represented by an attorney at a hearing, an attorney will be provided at state expense if the prisoner or parolee cannot afford to retain private counsel. A prisoner or parolee is presumed able to afford an attorney if the prisoner or parolee has one thousand five hundred dollars ($1,500.00) or more in cash, institutional trust account, savings account, checking account or any combination of cash and accounts. A prisoner or parolee with one thousand five hundred dollars ($1,500.00) must show that he or she has been unable to obtain an attorney for that amount before an attorney will be appointed at state expense.

Cal. Code Regs. Tit. 15, § 2256

1. Renumbering of former Section 2253 to Section 2254 and new section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2253 to Section 2256 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Governor Newsom issued Executive Order N-36-20 (2019 CA EO 36-20), dated March 21, 2020, which temporarily changed certain provisions relating to parole hearings held by videoconference, due to the COVID-19 pandemic.

Note: Authority cited: Section 5076.2, Penal Code. Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973); Sections 1170.2 and 3041.7, Penal Code.