Department Operations Manual

74030.30 Revisions Revised December 24, 1992 The Deputy Director, Institutions Division, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate. 74030.31

74030.31 References Revised December 24, 1992 PC §§ 1170.2 and 3041. CCR (15) (2). A RTICLE 17 — P REPARATION OF C ALENDARS Revised March 29, 2006 Updated November 18, 2008 74040.1

74040.1 Policy Department records shall be made available to the Board of Parole Hearings (BPH) at such times and in such form as the BPH may prescribe. 74040.2

74040.2 Purpose This Section sets forth procedures for scheduling, case preparation, and processing of cases for BPH hearings. 74040.3

74040.3 Preparation Preparation of a hearing calendar begins months in advance of the hearings. The processes shall be completed within the specified time frames. 74040.3.1 90-to-120 Days before Month of Hearing A tentative computer listing shall be furnished to facilities by the BPH of life prisoners who should be scheduled for a hearing during a two-month period. • The BPH shall continue to provide new and updated printouts every two months. Facility staff shall review the listings and advise the BPH of the names and departmental identification numbers (CDC numbers) of prisoners who are: • Entitled to a hearing during the period, but not included on the list. • In need of rescheduling from previous months. • On the list, but facility records reflect the inmate should not be scheduled. • Ordered by the BPH to have an extended term hearing. 74040.3.2 90 Days Prior to Hearing Prepare a tentative BPH calendar of those persons scheduled for hearings. The calendar shall include: • Inmate's name. • CDC number. • Type of hearing. • Psychiatric report designation (when appropriate). The tentative calendar shall be widely distributed throughout the facility. The C&PR’s copy of the calendar shall contain the following information: • County of commitment. • Minimum Eligible Parole Date (MEPD). A request for preparation of the appropriate report to the BPH shall be sent to the caseworker of each inmate. 74040.3.3 30-to-60 Days Prior to Hearing The Correctional Counselor shall interview the life term inmate prior to the hearing and shall: • Prepare a BPH report. • Advise the inmate of hearing rights. • Advise the inmate of the right to request an attorney. The BPH shall appoint an attorney if the inmate is indigent. • Advise the inmate of their right to waive a hearing or ask for a continuance. For life term cases, records staff shall prepare a BPT Form 1002, Life Prisoner: Parole Consideration Hearing Notice, and send an original and one copy for the inmate's signature. The caseworker shall verify the trust fund balance to determine if the inmate is indigent or able to pay for an attorney. (See BPH Rule 2256.) If the inmate declines representation, the inmate shall complete a BPT Form 1003, Life Prisoner: Waiver of Attorney or Withdrawal of Request. If the inmate has a private attorney or had a private or State-appointed attorney at the previous hearing, the caseworker shall verify the attorney's availability for the hearing. 74040.3.4 45 Days Prior to the Hearing The C&PR or designee shall prepare and transmit a FAX, or mail a copy of the calendar to the BPH scheduling unit containing the following information: • Inmate's full name. • CDC number. • Attorney designation. • Attorney's name and telephone number. • Previous attorney (if applicable). • County of commitment. Hearings shall be scheduled according to the proximity of the counties from which the inmate has been sentenced. • Schedule inmates from the same county in succession. This shall accommodate the DAs who plan to attend. Restrictions The following restrictions shall be considered: • Microfiche cases shall not be scheduled on Mondays or Fridays. • The Executive Officer or Chairman shall approve the scheduling of three subsequent hearings in one day. • If three hearings are scheduled, ensure that none are microfiche cases. • No more than one initial, rescission, or extended term hearing or any combination of the three shall be scheduled in one day. • Normal starting times for hearings are as follows: • 9:00 a.m. and 2:00 p.m. (two hearings). • 8:30 a.m., 10:45 a.m., and 2:30 p.m. (three hearings). The inmate shall be given copies of BPT Forms 1002, 1003, if applicable, and 1080, Notice of Date, Time, and Place of Hearing. • Records staff shall make five photocopies of each form to be included in hearing packets. Crime partner information shall be photocopied and placed in the miscellaneous section of each packet. 74040.3.5 35 Days Prior to Hearing Revised September 25, 2007 Pull the C-File and prepare PC 3042 and 3043 notices. Mail notices to the following persons prior to any parole consideration or rescission hearing on a life prisoner: • The judge who presided at the trial and conviction of the inmate. • Complete BPT Form 1087-A, Notice of Hearing − Judge (If the judge is retired, deceased, etc., send the notice to the presiding judge of the committing county.) • The DA's office which prosecuted the case. • Complete BPT Form 1087-B, Notice of Hearing − DA, and mail to the DA of the county of commitment. • Fill in the exact date and time of the hearing in the space provided should the DA wish to attend. • The law enforcement agency which investigated the offense. • Complete BPT Form 1087-C, Notice of Hearing. Include the location of the offense on the form. • The attorney who defended the inmate at the time of trial. • Complete BPT Form 1087-C. • The AG’s Office. • Complete BPT Form 1087-C. Include the county case number and victim(s) name. Indicate any change of venue cases. • The law enforcement agency which employed the murder victim if the victim was a peace officer. • Complete BPT Form 1087-C. • Victim, next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel who has requested notice and has provided a current address. (Does not apply to rescission hearing.) • Complete BPT Form 1087-D, Victims Notice of Hearing. • BPT Form 1006, Advance Information Sheet, shall be attached and sent with the BPT Form 1087-D. BPH and C&PR Responsibilities • The BPH shall notify the Office of Victim and Survivor Rights and Services (OVSS) of the authorization for the victim next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel to attend the hearing. • The OVSS shall notify the respective C&PR of the authorization and provide the necessary information to process a clearance for the scheduled attendee. • Upon notification, the C&PR shall initiate a gate clearance per institution/facility procedures. • A scheduled attendee shall only be excluded from attending a hearing based upon the criteria established in Title 15, Section 3176.3. • The Warden/Designee shall immediately notify the Director, Division of Adult Operations, whenever a determination is made to exclude a scheduled attendee. • Should a scheduled attendee be denied access, the Victim Services Representative (VSR) shall make personal contact and provide an explanation as to the denial. The VSR shall also provide a written notice to the denied attendee detailing the reasons for denial and the process for appealing the denial. • The C&PR shall be designated as the institution/facility's VSR, with the Assistant C&PR as the back-up to the VSR. The Warden may identify additional staff to act as a designee for the VSR. Reports Psychiatric reports from the medical department and board reports from the caseworker are due for completion. • C&PR is to be advised of any board reports not completed. • Photocopy six copies, one of each to the inmate and one in each of the five hearing packets. • Schedule a C-File review upon the request of the inmate's attorney. • Schedule the inmate to review their C-File prior to the attorney review if requested. • If the inmate waived the right to an attorney, the caseworker shall arrange a C-File review upon request of the inmate. • Remove confidential folder from the C-File and check contents. • Complete CDC Form 819, Personal Information Disclosure Log. • Place a copy of the form in the confidential section of the C-File. • Original to the C-File. • Records staff shall review all hearing packets for completeness. • Forward one packet each to the DA and the inmate's attorney by certified mail. • When returned, file the certified receipt in the inmate's C-File. 74040.3.6 10 Days Prior to Hearing Revised November 18, 2008 Ten days prior to the hearing is the deadline for incorporating or sending material to the DA or the inmate's attorney for inclusion in the hearing packet. • Any material received after this date shall be placed in an envelope to be given to both attorneys on the date of the hearing. • The BPH Forensic Assessment Division’s (FAD) evaluations must be delivered to the inmate whether or not it is received within ten (10) days of the hearing. (When available, the BPH FAD evaluation is delivered with the board report by the correctional counselor.) • Immediately upon notification from BPH FAD that the evaluation has been completed, records staff will print the report from LSTS, attach the CDC Form 128-B, General Chrono, with the inmate name and number already included, and forward to the mail room for priority legal mail service. • Staff serving the BPH FAD evaluation via the legal mail process will have the inmate sign the CDC Form 128-B and return it to the mail room for delivery to the Case Records Board Desk. • Mail Room staff will deliver the CDC Form 128-B within 24 hours to Case Records Board Desk staff for priority filing. • Upon receipt of the CDC Form 128-B, the Board Desk staff will immediately file it in the Central File. 74040.3.7 5-to-7 Days Prior to the Hearing Review hearing packets for completeness. Sign and date the BPT Form 1008, Life Prisoner Parole Consideration Hearing Checklist. Update the master calendar with the names of attorneys who will attend the hearings. 74040.4

74040.4 Documentation Hearing The documentation hearing is conducted for the purpose of monitoring and recording the inmate's conduct, adjustment, and progress while incarcerated and occurs prior to the initial parole consideration hearing. 74040.4.1

74040.4.1 Panel Composition The documentation hearing shall be conducted by one deputy commissioner. A facility staff representative, knowledgeable about the individual case and facility programs, shall be available to advise and assist the panel in its evaluation and documentation of the inmate's progress. 74040.4.2

74040.4.2 BPH Hearing — Victim Escort Procedures Revised September 25, 2007 Victims, next of kin, immediate family members as defined in Section 3000 of the Title 15, support person, or counsel upon arrival at the correctional facility shall be processed and escorted to the hearing in accordance with the Department Operations Manual Chapter 6, Article 13, BPH. 74040.4.3

74040.4.3 Inmate Hearing Rights The inmate shall have the rights enumerated in BPH Rules 2246 through 2254. 74040.4.4

74040.4.4 Documents Required The material to be presented at these hearings shall consist of the: • C-File. • BPT Form 1009, Life Prisoner: Documentation Hearing, with the inmate's name, number, facility, sentence information, maximum term, and MEPD typed on the form. • Parole documentation hearing board report. • Psychiatric reports. 74040.4.5

74040.4.5 Post Hearing Procedures The CCRM shall schedule the inmate for a subsequent documentation hearing or parole consideration hearing as appropriate. Documentation hearing results shall be posted to the CDC Form 112, Chronological Inmate History. The BPT Form 1009 shall be completed by the panel at the time of the hearing and shall be effective at that time. A copy shall be given to the inmate. The BPT Form 1004, Life Prisoner: Post-conviction Progress Report, the BPT Form 1009, the psychiatric evaluation, and any other documents designated by the panel shall be incorporated as a part of the "Board Addenda" to ensure availability to the initial parole consideration hearing panel. 74040.5

74040.5 Initial and Subsequent Parole Consideration Hearings If the inmate is found unsuitable, parole shall be denied and a written statement of the specific factual reasons for the denial shall be given to the inmate. At the subsequent hearings, the panel shall consider the information developed since the last hearing. The hearing panel may recommend to the inmate certain steps that may be undertaken to enhance the possibility of a grant of parole at a future hearing. If an inmate is found suitable for parole, a tentative parole date shall be set. 74040.5.1

74040.5.1 Panel Composition Life The panel shall be composed of three BPH staff, two of whom shall be commissioners. Nonlife The panel shall be composed of three BPH staff, two of whom shall be deputy commissioners.

74040.5.2 Inmate Hearing Rights Life The inmate shall have the rights enumerated in BPH Rules 2245 through 2256. Nonlife The inmate shall have the rights enumerated in BPH Rules 2245 through 2252, 2254, and 2255. 74040.5.3

74040.5.3 Required BPT Forms (Life Cases) The following forms shall be available for use for life cases: • BPT Form 1000, Life Prisoner Parole Consideration Worksheet. • BPT Form 1000(a), Setting a Term-Life Prisoner Parole Denied. • BPT Form 1000(b), Setting a Term-Life Prisoner Parole Granted. • BPT Form 1001, Life Prisoner Decision Face Sheet. • BPT Form 1001-A, Life Prisoner Hearing-Extraordinary Action and Decision. • BPT Form 1002. • BPT Form 1003. • BPT Form 1004. • BPT Form 1005, Life Prisoner: Parole Consideration Proposed Decision (BPH 2041). • Life Prisoner: Parole Consideration Proposed Decision. • BPT Form 1008. • BPT Form 1080. • BPT Form 1082, Continuation Sheet. • BPT Form 1087-A, B, C, and D. 74040.5.4

74040.5.4 Hearing Package Preparation Three packages plus the original hearing material listed on the CDC Form 822 shall be prepared for use during the parole consideration hearing for non-life cases. Four packages plus the original hearing material as listed on BPT Form 1008 shall be prepared for use during the parole consideration hearing for life cases. Lifer and non-lifer packages shall contain letter-size dividers with side index tabs, divided into categories. Within each category, documents shall be filed together in reverse chronological order, beginning with the most recent dated document. The packages shall be divided into the following categories: • Case Summary. • BPH report(s) (all). • Psychiatric report(s) (all). • Prior BPH decisions (Adult Authority, Community Release Board [CRB], BPH). • Notices and responses (current hearing) including official letters, fearful letters, and supporting letters. • Legal documents: • POR. • Crime report(s). • Abstracts of judgment/Minute orders. • Charging documents. • Appellate court decisions. • Sentencing transcripts. • Miscellaneous: • Crime partner decision forms, if any. • Notice of hearing rights. • Disciplinary reports since last hearing. • Other pertinent information developed since the last hearing. • Photographic evidence. • For subsequent hearings include the last hearing transcript, not indexed. Prior to Hearing Prior to the hearing, the case records staff shall prepare the following forms: • BPT Form 1000. • BPT Form 1000(a). • BPT Form 1000(b). • BPT Form 1001. • BPT Form 1004. • BPT Form 1005. • BPT Form 1081, if applicable. • BPT Form 1082. 74040.5.5

74040.5.5 Distribution of Packages The following distribution is mandatory: • One for each commissioner. • One for the inmate's attorney. • One for the representative of the DA's office. 74040.6

74040.6 Parole Board Rules Hearings (In re Stanworth) The California Supreme Court held that life prisoners who committed their offenses prior to July 1, 1977, are entitled to have parole dates established under the guidelines in effect prior to July 1, 1977. The court further held that denial of the establishment of parole dates of these prisoners under the earlier guidelines violated the constitutional prohibitions against ex post facto laws. 74040.6.1

74040.6.1 Eligibility A life-term inmate is entitled to a parole consideration hearing under Parole Board Rules (PBR) if: • The offense was committed on or before June 30, 1977, and • The inmate presently has a parole date that was granted under BPH or CRB Rules, but has not received a parole date under PBR. 74040.6.2

74040.6.2 Hearing Guidelines The BPH shall use the parole consideration guidelines in the PBR 2200 through 2360 (CCR (15) (2) Reg 76, No. 21, 5/22/76). 74040.6.3