Attorney Training Overview Guidelines
Life Parole Consideration Hearings
Mentally Disordered Offender Hearings
Sexually Violent Predator Hearings
Assignment of Attorneys:
There are two different
reasons an attorney may be assigned to represent an I/P at a hearing.
The first reason is based on a disability or diminished cognitive
ability and is referred to as either a “Mandatory” or a
“Presumptive” assignment via the BPT 1073 process.
If an I/P meets the
criteria for “Mandatory” assignment of an attorney, it generally means
he/she is currently receiving treatment at the Enhance Outpatient (EOP)
level of care in the CDC Mental Health Delivery System (MHDS) or he/she
has been diagnosed by CDC as having a developmental disability.
These I/Ps are not allowed to waive representation by an attorney.
If an I/P meets the criteria for “Presumptive” assignment of an attorney, it generally means he/she is currently receiving treatment at the Correctional Clinical Case Management System (CCCMS) level of care in the CDC MHDS, has a TABE reading score or Grade Placement Level (GPL) of 4.0 or less, or has a serious hearing, sight, or speech impairment. The decision to assign an attorney for these categories of I/Ps is done by a BPT staff person known as a Board Coordinating Parole Agent (BCPA). The I/Ps in this category are able to waive assignment of an attorney if the BCPA determines that the I/P is able to make a knowing, voluntary, and intelligent waiver.
The second reason for assignment is primarily utilized in the parole revocation/revocation extension process. It is based on general due process requirements and usually involves cases with complex issues, colorable claims of innocence, and/or mitigating circumstance that make it difficult for the average I/P to properly represent themselves. This reason is referred to as assignment via the BPT 1083 process.