1. (a) Hearings for offenders with mental health disorders shall be conducted in person unless circumstances in subsection (b) apply.
2. (b) If a parolee is scheduled for an in-person hearing and exigent circumstances, such as natural disasters or a state of emergency, or circumstances beyond the control of the board, such as the parolee's housing location, prevent conducting the proceeding in person, the board shall conduct the hearing by videoconference, if available. If videoconference is not available, the board shall conduct the hearing by telephone.

3. (c) The parolee's attorney and the interpreter shall be physically present with the parolee during the hearing unless any of the following applies:

   1. (1) The parolee waives their own right to attend the proceeding, upon consulting with their attorney;
   2. (2) The parolee refuses to attend the proceeding;
   3. (3) The board determines that the interpreter shall attend by videoconference due to the interpreter's remote location or availability; or
   4. (4) Exigent circumstances or circumstances beyond the control of the parolee's attorney or the interpreter as outlined in subsection (b) prevent the attorney or the interpreter from being physically present with the parolee during the proceeding.

4. (d) Hearing participants other than the hearing officer, the parolee, the parolee's attorney, and the interpreter may attend the hearing in the following manner:

   1. (1) For hearings conducted in person, they may attend in person, by videoconference if available, or by telephone if available;
   2. (2) For hearings conducted by videoconference, they may attend by videoconference or by telephone;
   3. (3) For hearings conducted by telephone, they may attend by telephone.

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 2964, 2966 and 3041, Penal Code.

History

1. New section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-28-2022 as an emergency, including amendment of section heading and repealer and new section; operative 3-28-2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.

3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-27-2022 order transmitted to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).

5. Amendment of subsection (b) filed 5-31-2024; operative 7-1-2024 (Register 2024, No. 22).