Cal. Code Regs. tit. 15 § 2466

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2466 - Pre-Hearing Procedures

(a) General. Department staff shall ensure that the board at the central office calendar is notified of all cases which are within 20 days of the release date, and all cases of prisoners with criminal prosecution pending and which are held 90 days past the scheduled release date; final rescission hearings are scheduled; written demands for a final hearing are reported to the board at the central office calendar; the prisoner is advised of his rights; prisoner's requests for witnesses are screened; any necessary witnesses are obtained; all documentary and physical evidence is disclosed, unless designated confidential under § 2235; requests for continuances are decided under § 2253; and the case is otherwise prepared for the hearing as necessary.

Life Prisoner Rescission. At least 30 days before a life prisoner rescission hearing, Department staff shall notify the district attorney of the county from which the prisoner was committed for the life offense that a representative of the district attorney's office may attend the hearing. If the prosecutor wishes to participate in the hearing, he shall notify the institution hearing coordinator at least 14 days before the hearing. Department staff shall notify the prisoner's attorney that a prosecutor will attend. The prosecutor may review the prisoner's central file and submit any relevant documents. The prosecutor shall submit any documents at least 14 days before the hearing and the institution hearing coordinator shall ensure that the prisoner and his attorney receive a copy ten days prior to the hearing. The institution hearing coordinator shall also forward to the prosecutor a copy of all documents provided to the prisoner's attorney.

Cal. Code Regs. Tit. 15, § 2466

1. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 0-27-78 (Register 78, No. 43).
3. Amendment of section heading, section and NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.7, Penal Code.

1. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 0-27-78 (Register 78, No. 43).
3. Amendment of section heading, section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).