Chapter 5 – Adult Custody and Security Operations

54100.14 Interviews

• In order to provide the appellant the opportunity to clarify his or her issue(s) and the reviewer to ask questions, at least one face-to-face interview with the inmate or parolee shall be conducted at the first level of review, unless:

  • The inmate or parolee waives the interview by initialing the appropriate box on the CDCRCalifornia Department of Corrections and Rehabilitation Form 602. An appellant’s waiver of the interview shall not preclude staff from conducting an interview in the event of a staff determination that an interview is necessary.

  • The first level review is bypassed, in which case a personal interview will be conducted at the second level unless waived by the inmate on the CDCRCalifornia Department of Corrections and Rehabilitation Form 602.

  • The appeal is a request for a Computation Review Hearing in which case the initial interview shall occur at the second level of review.

  • The reviewer has decided to grant the appeal in its entirety.

  • The appellant is not present at the institution or parole region where the appeal was filed.

    • In such case, a telephone interview with the appellant shall meet the requirement of a personal interview.

    • The response must note that the interview was conducted by telephone, explain the extraordinary circumstances that required it, and state why a face-to-face interview was not possible under the circumstances described.

    • If the appellant is not available for a telephone interview, the reviewer may request that an employee in that jurisdiction where the appellant is located conduct the interview on behalf of the appeal coordinator and provide a report.

    • If the appeal concerns a disciplinary action and the appellant has transferred, the telephone interview may be waived if the appeals coordinator determines an interview would not provide additional facts.

• Regardless of any inmate waiver, if additional clarification is needed, interviews may be conducted at the first or any subsequent level of review when the appeals examiner determines that the issue under appeal requires further clarification.

  • In addition, one or more of the participating inmates/parolees shall be interviewed as necessary to clarify issues when group or multiple appeals are processed.

  • Interviews may be conducted at the third level as necessary to obtain information not elicited at lower levels or to clarify the appeal issue(s), when the first and second level has been bypassed.