Department of Corrections and Rehabilitation - Operations Manual

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Chapter 1 – General Administration

Article 15 – Information Practices

Revised July 16, 1996

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13030.28 Appeals on Refusal to Amend Records

  • Inmate/Parolee Appeals

    • When an individual disagrees with CDCRCalifornia Department of Corrections and Rehabilitation’s refusal to amend a record, they may request CDCRCalifornia Department of Corrections and Rehabilitation review that decision. Requests submitted by inmates and parolees for CDCRCalifornia Department of Corrections and Rehabilitation to review a decision not to amend a record shall follow the inmate/parolee appeal process, and shall be submitted on CDCRCalifornia Department of Corrections and Rehabilitation Form 602, Inmate/Parolee Appeal (refer to DOMDepartment Operations Manual 54100 for information concerning inmate/parolee appeals).

    • For requests submitted by employees and other than inmates and parolees, the first level of review shall be the Warden, RPARegional Parole Administrator or division head (in headquarters). The second level of review shall be the Director.

    • For appeals from employees and persons other that inmates and parolees, the request shall be in writing and shall include the following:

      • A copy of all previous requests to amend and any prior correspondence concerning amending the record.

      • A copy of all previous CDCRCalifornia Department of Corrections and Rehabilitation responses and any prior correspondence concerning the request to amend the record.

      • A full statement explaining why the individual disagrees with CDCRCalifornia Department of Corrections and Rehabilitation’s denial.

      • Full documentation to support and justify the request to review the refusal to amend the record.

  • Length of Review Period

    • Responses to requests to review a decision denying a correction or amendment to a departmental record shall be made no later than 30 days from the date of receipt within CDCRCalifornia Department of Corrections and Rehabilitation. Upon a showing of good cause, CDCRCalifornia Department of Corrections and Rehabilitation may extend the review period up to 30 additional days (for a total of not more than 60 days from the receipt of the request). The individual requesting a review shall be notified that CDCRCalifornia Department of Corrections and Rehabilitation extended the response time and the reasons establishing good cause to extend the response time.

    • Inmate/parolee appeals shall be handled within the established time limits for appeals.