Department Operations Manual

74040.6.3 Panel Composition The hearing shall be conducted by two deputy commissioners. 74040.6.4

74040.6.4 Inmate Hearing Rights The inmate shall have the rights specified in PBR C 2110 through 2119 [CCR (15) (2) Reg 76, No. 21, 5/22/76]. 74040.6.5

74040.6.5 Hearing Packets Two hearing packets detailed in DOM 74040.3.7 shall be prepared for these hearings. 74040.7

74040.7 Progress Hearings A progress hearing shall be scheduled periodically after a life-term inmate has had a parole date established. The panel shall determine whether a previously set parole date should be advanced because of the inmate's positive conduct in prison or whether there are changes in circumstances that might lead to an earlier parole date. 74040.7.1

74040.7.1 Panel Composition for Progress Hearings Progress hearings shall be conducted by a panel of three, two of whom shall be commissioners. 74040.7.2

74040.7.2 Hearing Procedures The inmate is not entitled to an attorney. A representative from the DA's office of the committing county shall not attend. No PC 3042 notices are required. Progress hearings are scheduled as "trailers" to the regular lifer calendar or they may be formally scheduled. 74040.7.3

74040.7.3 Procedures Prior to the Hearing Reports required: • BPH reports. • Psychiatric report (when a previous panel has requested one for this hearing). Completion of the report and disclosure to the inmate shall occur 30 days prior to the hearing. Three hearing packets shall be prepared and include the documents listed on the CDC Form 823, Indeterminate Sentencing Law (ISL) Progress Hearing Checklist. Complete the information required on the BPT Form 1007, Life Prisoner Progress Hearing Decision Face Sheet. Complete the required information on the BPT Form 1004. 74040.8

74040.8 Postponement or Rescission of Release The parole date of an ISL inmate or of a life or nonlife PC 1168 inmate may be postponed or rescinded for good cause at a rescission hearing. The BPH shall determine whether to initiate rescission proceedings.

74040.8.1 Procedures for Reporting Staff shall report serious disciplinary behavior to the BPH, headquarters calendar, pursuant to BPH Rule 2451. Cases shall be reported prior to the inmate's scheduled parole date. • If a case has not been referred to the DA for prosecution, the case shall be reported within 15 days. If the case has been referred to the DA, the case shall not be reported to the BPH until: • Within 15 days after refusal to prosecute. • Within 15 days after the criminal prosecution has terminated. • The inmate is within 60 days of their scheduled release date. The BPH shall note the report, take no action, or order the matter placed on calendar. The decision shall be documented by the BPH, headquarters calendar, and a copy sent to the facility. 74040.8.2

74040.8.2 Postponement or Rescission of Release Date If an inmate with a previously established parole date receives a new commitment to prison, the parole date shall be rescinded and no hearing by the BPH is required. The inmate may appeal the rescission only on the grounds that they are not the person sentenced by the new judgment. The CCRM shall process the new commitment, post the CDC Form 112 indicating the parole date has been rescinded. The CDC Form 112 posting shall read: __________ (Date of posting) parole date of (date of parole) rescinded per BPH Rule ________ (indicate applicable BPH Rule number). • BPH Rule 2273 in the case of life inmates. • BPH Rule 2308 for ISL and nonlife PC 1168 inmates. 74040.9

74040.9 Hearings for Inmates with Changes in Legal Status The inmate shall be scheduled for a parole consideration hearing pursuant to BPH Rule 2308(c). • If the new term is for a determinate term, the parole consideration hearing shall be conducted within 60 days of the receipt of the new commitment. • The legal status change shall be considered at the initial parole hearing as regularly scheduled or as would be scheduled considering the change in the legal status. After the initial ISL parole hearing if a legal status change occurs, the inmate shall be scheduled immediately for a progress or subsequent hearing as appropriate. 74040.9.1

74040.9.1 Pre-hearing Procedures An inmate shall have the right to request the presence of friendly and/or adverse witnesses at a rescission hearing, BPT Form 1015, Notice of Right to Rescission Hearing. The witnesses shall be called unless the hearing panel has specified reasons to deny the request. Witnesses shall be screened under the procedures of BPH Rule 2668. An inmate may request, subpoena, or subpoena duces tecum witnesses as provided in BPH Rules 2675 through 2682. If denied, the specific reason(s) for the denial shall be documented and a copy given to the inmate. During the hearing, the inmate has the right under the direction of the hearing panel to question all witnesses. An inmate is entitled to an attorney and may request assistance (BPT Form 1015). PC 3042 notices shall be sent according to procedures outlined in DOM 74040.3.5. 74040.9.2

74040.9.2 Documents Required Prepare five hearing packets containing the following: • A cover sheet with the following information: • Inmate's name. • CDC number. • Reception date. • Offense. • MEPD. • BPH parole date granted and parole date. • PBR parole date granted, if applicable, and parole date. • Dates of progress hearings, if applicable, and new parole dates. • Copies of CDC Form 115s and Department investigative reports only. If the basis for the rescission hearing is psychiatric deterioration, include copies of recent psychiatric chronos or other necessary information. Copies of BPT Form 1080 and CDC Form 833, Record Information Release Authorization, shall be included. Prepare BPT Form 1016, Summary of Rescission Hearing and Decision, with name and CDC number on the bottom of the form. The C-File shall be available in the hearing room. 74040.9.3

74040.9.3 Panel Composition The rescission hearing for life prisoners shall be conducted by a panel of three, at least two of whom shall be commissioners. For ISL inmates, the hearing shall be conducted by two deputy commissioners. 74040.10

74040.10 Extended Term Hearings The CCRM shall refer the case of any inmate for screening as ordered by the BPH. The second screening shall be conducted by deputy commissioners who shall review the case including the retroactive calculation, CDC Form 678, Cumulative Case Summary Confinement Computation. If the panel determines that the inmate shall receive PC 1170.2(a) recalculated Determinant Sentencing Law (DSL) release date that shall be the decision and the inmate shall be notified in writing of the decision, CRB Form 1091, Third Screening Decision. The cases referred for extended term hearings shall be reviewed by two commissioners within 90 days of reception by the Department. Extended term hearings shall be conducted within 120 days of reception by the Department or 120 days from the date the Department received a new or amended abstract or any court order which modifies the original commitment. A prisoner scheduled for an extended term hearing has the rights enumerated in BPH Rules 2245 through 2256. The panel shall be composed of three BPH staff, two of whom shall be commissioners. 74040.10.1

74040.10.1 Previously Retroactively Calculated All legal status changes that might require a re-computation of a previously recalculated term shall be referred to a BPH panel for review. Changes to retroactive PC 1170.2(a) or (b) terms include: • Change in the base term used for the calculation. • Change in the enhancements on the principal term used. • Changes in consecutive (CS) offenses or their enhancements used in the calculation. • Additional commitments, whether concurrent (CC) or CS. Changes that do not affect retroactive term(s) include: • Certification or changes in preprison credits. • Changes in CC terms which are not part of the previously approved PC 1170.2(a) calculation. Legal status changes which may affect the term shall be set forth in the "facts" section of BPT Form 1135, Miscellaneous Decisions. The recommendation section shall contain the recommended action. The BPT Form 1135 and related material shall be presented to a BPH panel for consideration action. The determination of the hearing panel shall be computed by case records staff using CRB Form 1089, Serious Offender Face Sheet. The miscellaneous section of the face sheet shall be used by case records staff to explain the method of computation. Full distribution of the computation shall be completed. The CRB Form 1094, Serious Offender Decision Face Sheet, and BPT Form 1135 shall be stapled together and filed in the addenda. 74040.11

74040.11 Parole Hearing for Inmates Serving Life Terms All inmates serving sentences of life without possibility of parole shall be scheduled for BPH review 30 years after reception by the Department and every fifth year thereafter (BPH 2817). 74040.12

74040.12 Revisions The Director, Division of Adult Institutions, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate. 74040.13

74040.13 References CCR (15) (2) Reg 76, No. 21, 5/22/76. PC §§ 1168, 1170.2(a), 1170.2(b), 3042, and 3043. BPH Rule 2041, 2246 - 2256, 2273, 2308, 2451, 2668, 2675 through 2682, and 2817. A RTICLE 18 — U NASSIGNED A RTICLE 19 — P RE -R ELEASE R EFERRALS Effective August 21, 1989 74060.1

74060.1 Policy Revised June 16, 1995 Prerelease referrals shall be processed within established time frames to assure timely reentry screening and assignment to Parole Agents. PC 6264 requires that each inmate be reviewed for work furlough consideration at least 120 days prior to their scheduled parole date. 74060.2