Chapter 6 – Adult Classification

61020.9 Confidential Material Use

• CSRs are designated auditors of confidential information.

• The hearing officer for a rules violation report shall ensure that the use of confidential information pertaining to the violation being adjudicated is properly disclosed and documented.

• No inmate shall be approved for transfer to another institution based on confidential information, which is not properly documented and disclosed on a CDC Form 1030, Confidential Disclosure Form.

• The identity of a confidential source may be kept confidential if disclosure would endanger the source, any person, or institutional security.

• Decisions in disciplinary hearings based upon confidential information shall be supported in a confidential memorandum, incident report, or finding portion of the CDC Form 115 with investigative information and appropriate documentation.

• These documents shall contain:

  • A statement in support of CCRCalifornia Code of Regulations § 3321(c)(1) detailing the past information provided and why the confidential informant is considered reliable for the current incident.

  • Whether the current information is first-hand or hearsay.

  • Whether documentation or other “circumstances surrounding the event” would lead the decision maker to believe the information is true.

  • In the case of multiple confidential sources, the degree of reliability of each source shall include how each statement compares with the other statements, and the circumstances or evidence on which the conclusion of reliability was based.

  • The description of the “circumstances” shall state how it was possible that the events occurred as described by the confidential sources, and include any facts or evidence (who, what, when, and how) which confirm the truthfulness of “some” aspect of the source’s statement.