Chapter 6 – Adult Classification

62080.18.1 Whitaker V. Rushen No. C‑81‑32‑84 SAW

• The hearing shall be held within seven calendar days after arrival at CMFCalifornia Medical Facility. If the hearing cannot be held within seven days, the inmate shall be informed in writing of that fact, the reason for the delay, and an estimated date by which he may expect the hearing. The inmate’s counselor shall be assigned to assist the inmate in gathering evidence and interviewing witnesses and shall be present at the hearing. The hearing shall consist of a classification committee review of the case and shall include the following:

• Inmate Due Process

  • Determination that the inmate received written notice of the transfer to CMFCalifornia Medical Facility stating that the inmate has a right to a hearing and that such hearings are normally held within seven days after arrival at CMFCalifornia Medical Facility.

  • The information relied upon in ordering the transfer to CMFCalifornia Medical Facility shall be disclosed to the inmate. The inmate shall be heard in person and be permitted to present evidence, including witnesses, on his behalf. One of the members of the classification committee shall be a psychiatrist employed by CDCRCalifornia Department of Corrections and Rehabilitation. This person shall be an “independent decision maker” and shall not be the inmate’s treating psychiatrist at either the sending or receiving institution. Following the hearing, the independent decision-maker shall inform the inmate in writing of the committee’s decision and the information relied upon in arriving at the decision (Whitaker v. Rushen). The inmate may appeal the decision, using a CDCRCalifornia Department of Corrections and Rehabilitation Form 602, Inmate/Parolee Appeal; within 30 days of receipt of the hearing documentation. A ruling on the appeal shall be returned within 20 working days.