(a) Request. (1) Prisoner or Parolee Request. The prisoner or parolee may request either evidentiary or dispositional witnesses. The request must be made sufficiently ahead of the hearing to notify the witnesses and to make arrangements to have them present at the hearing. The request shall include the reason for requesting the witness and the expected testimony of the witness.(2) Staff Request. If in reviewing the case prior to a hearing, coordinator staff determine that a particular witness is necessary to provide testimony regarding an event material to the proceeding, attendance of that evidentiary witness shall be requested even though the prisoner or parolee has not requested that witness. In these circumstances, staff shall notify the prisoner, parolee, or his attorney.(b) Coordinator staff shall review the list of requested witnesses prior to the hearing and may refuse to notify or call witnesses. Coordinator staff shall document the reason for any refusal to notify or call a witness, and the parolee, prisoner, or attorney shall be told of the refusal prior to the hearing. (1) Evidentiary Witnesses. Staff shall determine that the testimony of an evidentiary witness is clearly irrelevant before refusing to call the witness. (Examples of irrelevant witnesses include a public official having no knowledge of the violation or witness with no knowledge or evidence in mitigation). A requested evidentiary witness should ordinarily be notified to attend even though the testimony may be cumulative, such as where several persons witnessed the incident.(2) Dispositional Witnesses. Staff may refuse to notify any dispositional witness whose testimony is clearly irrelevant or cumulative. The testimony of dispositional witnesses whose testimony is of a general nature may be presented by means of written statements, letters, or affidavits.(c) Notification.(1) Evidentiary Witnesses. Coordinator staff are responsible for making every effort to assure the attendance of any requested evidentiary witness deemed necessary.(2) Dispositional Witnesses. If the prisoner or parolee is not represented by an attorney, coordinator staff shall provide any needed assistance in notifying dispositional witnesses. If assisted by an attorney, the attorney must be advised that he is responsible for notifying dispositional witnesses who are not confined in prison. The attorney shall notify coordinator staff of witnesses so that arrangements can be made to have them enter custodial facilities.(3) Documentation. All efforts to locate evidentiary witnesses shall be documented. Any efforts made to locate dispositional witnesses for a prisoner or parolee unassisted by counsel shall also be documented. If a witness is located, but refuses to attend, the reason for the refusal shall be documented to give the hearing panel sufficient information to determine whether it is reasonable to excuse the witness' attendance.
(d) Transportation. Evidentiary witnesses who need transportation should be transported to the hearing where feasible. Dispositional witnesses for a prisoner or parolee without counsel may be provided transportation.(e) Fearful Witnesses. Evidentiary witnesses who refuse to attend the hearing either because they would be subject to risk of harm if their identities were disclosed or who, even if their identity is known, fear for their safety should they attend the hearing, shall be interviewed by coordinator staff prior to the hearing and their information documented in writing or on tape. The reasons for their fear shall also be documented. The hearing panel shall determine whether there is good cause to excuse a witness' attendance and shall document the decision, including the reasons.(f) Interviewing Witnesses. A prisoner, parolee, or his attorney has a right to speak to possible witnesses, but it is within the discretion of an individual witness whether to speak to or disclose his whereabouts to a prisoner, parolee, or his attorney. Staff shall not attempt to influence the witness' decision.Cal. Code Regs. Tit. 15, § 2668
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (a)(2) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4). Note: Authority cited: Section 5076.2, Penal Code. Reference: Morrissey v. Brewer (1972) 408 U.S. 471.
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (a)(2) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).