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Attorney Training Overview Guidelines |
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| Introduction
Life Parole Consideration Hearings Mentally Disordered Offender Hearings Sexually Violent Predator Hearings |
Appeals: The BPT has two formal appeal processes. One is referred to as an ADA grievance and is submitted on a BPT Form 1074 (See Attachment D). The other is referred to as a BPT appeal and is submitted on a BPT Form 1040 (See Attachment E). The BPT Form 1074
grievance is designed to address ADA reasonable accommodation issues
related to access and/or effective communication.
There are strict time lines and the grievance is designed to
address issues prior to a scheduled hearing to avoid postponement or
re-hearings. As a result, it
is important that assigned attorneys who wish to file a grievance on
behalf of an I/P, do so well in advance of a scheduled hearing. It should
be noted that the filing of a BPT 1074 does not preclude an I/P from
filing a BPT Form 1040 on the same ADA issue. The BPT Form 1040 Appeal
is designed to address issues related to a BPT decision. The
BPT Form 1040 will normally be filed after a hearing has occurred as that
is when a board decision has been made.
Assigned attorneys are not precluded from assisting I/Ps in the
filing of a BPT Form 1040. |