Attorney Training Overview Guidelines
Life Parole Consideration Hearings
Mentally Disordered Offender Hearings
Sexually Violent Predator Hearings
Parole Revocation Hearings:
These hearings are
conducted pursuant to BPT regulations located in Title 15, Division 2, of
the California Code of Regulations. The
Parole and Community Services Division (P&CSD) of the CDC has the
responsibility of serving initial revocation rights, offers, and forms to
I/Ps pending revocation. The
Parole Division also has the responsibility for scheduling and
facilitating the revocation hearings.
The scheduling of hearings requires coordination of DCs, I/Ps,
witnesses, hearing locations, etc. This
makes it highly burdensome to postpone hearings on the day of the
scheduled hearing. As a
result, it is imperative that attorneys assigned to represent an I/P make
every effort to avoid requesting a postponement if the issue can be
resolved prior to the day of the hearing.
The general rule is to request a postponement or accept a screening
offer a minimum of ten days prior to a scheduled hearing because that is
usually when subpoenas are mailed.
Regardless of the reason
for the assignment of an attorney for revocation hearings, all attorneys
assigned to represent I/Ps have the same rights and obligations. First, all I/Ps assigned an attorney have the ability to
accept or reject a screening offer with the assistance of counsel.
Due to logistical problems, there may be one attorney assigned to
consult with the I/P regarding a screening offer and a different attorney
assigned to represent the I/P at a hearing.
The second attorney will not
be allowed to accept a screening offer that was previously rejected by an
I/P with the assistance of counsel. However,
if an attorney was assigned and there has not been an opportunity for the
I/P to accept a screening offer with the assistance of an attorney, then
that attorney may accept a screening offer.
As stated before, it is imperative that attorneys communicate the
decision regarding the acceptance of a screening offer as soon as possible
to avoid a hearing being scheduled and subpoenas being sent out.
It is the responsibility
of the BCPA to ensure a complete revocation packet is made available to an
assigned attorney. This
packet should include the violation report, police reports, any other
information available regarding the violation.
However, since the rights to confront and cross examine witnesses
are limited in an administrative hearing, evidence may be withheld if
disclosure would subject someone to a risk of harm.
The attorney packet should
also include any information regarding the reason for the assignment of an
attorney. Knowing the reason
for assignment is important as the assigned attorney will need to be aware
of any disabilities that may interfere with effective communication and
ensure any necessary accommodation is available when meeting with the I/P.
The reason for the assignment of an attorney will usually be
documented on a BPT
Form 1073(b) Due Process Review (See Attachment B).
If an attorney is assigned, the revocation packet
should also include a blank
BPT 1104(b) Form (See Attachment C).
This form is the Parolee/Attorney Decision Form.
It includes check boxes that indicate whether the I/P wishes to
accept, reject, or optionally waive (i.e. accept the screening offer
assessment pending the adjudication of criminal charges that have been
filed at the time of the screening offer) a screening offer.
The form also provides space for identifying any additional
witnesses that the attorney wishes to request at a hearing.
When selecting witnesses it is important to ensure the potential
witness’s testimony is relevant and non-cumulative (i.e. not a repeat of
what other witnesses will say). BPT
will issue subpoenas for evidentiary witnesses and letters to character
witnesses. And most
importantly, the form has a space for the I/P and the attorney to sign and
date. This is the form that
needs to be completed and returned to the BCPA as soon as possible to
avoid complications with the scheduling of a hearing.