Chapter 7 – Adult Case Records Information

74040.3.5 35 Days Prior to Hearing

• Pull the C-File and prepare PCPenal Code 3042 and 3043 notices. Mail notices to the following persons prior to any parole consideration or rescission hearing on a life prisoner:

  • The judge who presided at the trial and conviction of the inmate.

    • Complete BPT Form 1087-A, Notice of Hearing Judge (If the judge is retired, deceased, etc., send the notice to the presiding judge of the committing county.)

  • The DA’s office which prosecuted the case.

    • Complete BPT Form 1087-B, Notice of Hearing DA, and mail to the DA of the county of commitment.

    • Fill in the exact date and time of the hearing in the space provided should the DA wish to attend.

  • The law enforcement agency which investigated the offense.

    • Complete BPT Form 1087-C, Notice of Hearing. Include the location of the offense on the form.

  • The attorney who defended the inmate at the time of trial.

    • Complete BPT Form 1087-C.

  • The AGAttorney General’s Office.

    • Complete BPT Form 1087-C. Include the county case number and victim(s) name. Indicate any change of venue cases.

  • The law enforcement agency which employed the murder victim if the victim was a peace officer.

    • Complete BPT Form 1087-C.

  • Victim, next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel who has requested notice and has provided a current address. (Does not apply to rescission hearing.)

    • Complete BPT Form 1087-D, Victims Notice of Hearing.

  • BPT Form 1006, Advance Information Sheet, shall be attached and sent with the BPT Form 1087-D.

• BPHBoard of Parole Hearings (formerly Board of Prison Terms) and C&PRClassification & Parole Representative Responsibilities

  • The BPHBoard of Parole Hearings (formerly Board of Prison Terms) shall notify the Office of Victim and Survivor Rights and Services (OVSS) of the authorization for the victim next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel to attend the hearing.

  • The OVSS shall notify the respective C&PRClassification & Parole Representative of the authorization and provide the necessary information to process a clearance for the scheduled attendee.

  • Upon notification, the C&PRClassification & Parole Representative shall initiate a gate clearance per institution/facility procedures.

  • A scheduled attendee shall only be excluded from attending a hearing based upon the criteria established in Title 15, Section 3176.3.

  • The Warden/Designee shall immediately notify the Director, Division of Adult Operations, whenever a determination is made to exclude a scheduled attendee.

  • Should a scheduled attendee be denied access, the Victim Services Representative (VSR) shall make personal contact and provide an explanation as to the denial. The VSR shall also provide a written notice to the denied attendee detailing the reasons for denial and the process for appealing the denial.

  • The C&PRClassification & Parole Representative shall be designated as the institution/facility’s VSR, with the Assistant C&PRClassification & Parole Representative as the back-up to the VSR. The Warden may identify additional staff to act as a designee for the VSR.

• Reports

  • Psychiatric reports from the medical department and board reports from the caseworker are due for completion.

    • C&PRClassification & Parole Representative is to be advised of any board reports not completed.

      • Photocopy six copies, one of each to the inmate and one in each of the five hearing packets.

    • Schedule a C-File review upon the request of the inmate’s attorney.

      • Schedule the inmate to review their C-File prior to the attorney review if requested.

    • If the inmate waived the right to an attorney, the caseworker shall arrange a C-File review upon request of the inmate.

    • Remove confidential folder from the C-File and check contents.

      • Complete CDC Form 819, Personal Information Disclosure Log.

      • Place a copy of the form in the confidential section of the C-File.

      • Original to the C-File.

    • Records staff shall review all hearing packets for completeness.

      • Forward one packet each to the DA and the inmate’s attorney by certified mail.

      • When returned, file the certified receipt in the inmate’s C-File.