- (a) Request. A person ordered returned to the California Rehabilitation Center or branch thereof has the right to request representation by an attorney at a prereturn or return hearing. If attorney representation is granted and the inpatient is unable to pay for such representation, it will be provided by the state.
- (b) Determination. The person designated to make a determination of an individual's request for counsel shall review the reasons for the request, review the violation report, interview the person charged and then determine whether to approve the request. A request shall be approved if the person charged needs the assistance of counsel in order to be treated in a fundamentally fair manner in view of the charges brought and the individual's ability to respond adequately to those charges. Generally, such a request shall be approved if the person charged has a colorable (plausible) claim that he did not violate the conditions of release or if there are substantial mitigating circumstances. However, in every case these factors shall be weighed against the person's ability to present his own case.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); In Re Love, 11 Cal.3d 179 (1974); and Gagnon v. Scarpelli, 411 U.S. 778 (1973).
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).