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Attorney Training Overview Guidelines

 

 

 

Introduction

Authority, rules and case law

Commissioners

Chairperson

Executive Officer

Deputy Commissioners

Parole

Assignment of attorneys

Parole Revocation Hearings

Screening Offers

Hearings

Revocation Extension Hearings

Life Parole Consideration Hearings

Mentally Disordered Offender Hearings

Sexually Violent Predator Hearings

Appeals

Expectations Regarding Conduct

Conclusion

Attachments

Sexually Violent Predator (SVP) Hearings:  

SVP probable cause hearings are conducted pursuant to AB 888 which added Sections 6600-6609 of the Welfare and Institutions Code and has been adopted into Title 15, Division 2, Section 2600.1 of the California Code of Regulations.  AB 888 was passed in an attempt to prevent a continual threat to society by those persons who are identified as “sexual predators” by means of continued treatment within DMH after release from prison.  CDC and BPT staff will identify and screen I/Ps based upon whether they have committed a sexually violent predatory offense against two or more victims. 

The BPT hearing is to determine if probable cause exists based upon the aforementioned criteria.  If probable cause is found, then a parole hold is placed on the I/P pending an SVP hearing in the county of commitment.  If CDC, DMH, BPT, or the DA’s office from the county of commitment determine that no probable cause exists, then the I/P is released on parole.

As with MDO assignments, all I/Ps pending an SVP hearing are assigned an attorney and are not allowed to waive representation.  There is an expectation that assigned attorneys will meet with the I/P in advance of the hearing and review all relevant information in the Central File.  If an I/P waives his right to be present at the hearing, then the hearing will be held in absentia with representation by an attorney.  Please note, that BPT regulations do not provide for the personal appearance of clinical evaluators at these hearings.     

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