A new (3/25/2020) Executive Order (EO) N-36-20 from the Executive Department of the State Of California, delineated the new way of doing business (due to COVID-19) and the impact to the parole suitability hearings.
In order to enforce the Social Distancing [due to COVID-19] the Board of Parole Hearings (BPH) is coordinating to execute Parole Hearings via VIDEO/AUDIO to avoid the need to access the prison. In our Opinion, this will run afoul of the right to appear at your parole Hearing. BPH/CDCR has decided this and will be enforcing it via the Executive Order N-36-20 (see link below for the full Order)Inmates and their attorneys can elect to Postpone (or waive) their hearing under the provision that it shall be rescheduled for the earliest practical date.
==================================================================
According to the new Executive Order N-36-20 from the Executive Department of the State Of California -The California Department of Corrections and Rehabilitation (CDCR) has infectious disease management plans in place to address communicable disease outbreaks such as influenza, measles, mumps, norovirus, and varicella, and CDCR has taken a series of additional proactive steps to
reduce the risk of introducing and spreading COVID-19 in CDCR facilities.
Following is an EXCERPT of the Executive Order- as it relates to inmates and attorneys:
5. For the next 60 days, and for the term of any extensions, to the extent that
any law or regulation gives any person the right to be present at a parole
hearing, that right is satisfied by the opportunity to appear by
videoconference. Specifically:
a. For inmates who choose to go forward with their parole hearing by
videoconference during the next 60 days, and during the term of
any extensions, the inmate's right to be present and to meet with a
Board of Parole Hearing's panel under Penal Code sections 3041,
subdivision (a) (2),3041.5, subdivision (a) (2), and California Code of
Regulations, title 15, section 2247, is satisfied by appearance
through videoconference.
b. For inmates who choose to go forward with their parole hearing by
videoconference during the next 60 days, and during the term of
any extensions, Penal Code section 3041.7 and California Code of
Regulations, title 15, section 2256, which provide that an inmate has
the right to be represented by an attorney at parole hearings, will
be satisfied by the attorney appearing by videoconference and by
providing for privileged teleconferencing between the inmate and
attorney immediately before and during the hearing. Such inmates
will also be provided reasonable time and opportunity for privileged
communications by telephone with their retained or appointed
counsel prior to the hearing at no charge to either party.
c. For hearings conducted by videoconference during the next 60
days, and during the term of any extensions, the right of victims,
victims' next of kin, members of the victims' family and victims'
representatives to be present at a parole hearing will be satisfied by
the opportunity to appear by videoconference, teleconference, or
by written or electronically recorded statement, consistent with
California Constitution, Article I, section 28, subdivision (b) (7), Penal
Code section 3043, subdivision (b) (1) and California Code of
Regulations, title 15, section 2029, and as provided in Penal Code
sections 3043.2 and 3043.25.
d. For hearings conducted by videoconference during the next 60
days, and during the term of any extensions, Penal Code section
3041.7 providing that the prosecuting attorney may represent the
interests of the people at the hearing will be satisfied by the
opportunity to appear by videoconference, teleconference, or a
written statement.
The Full BPH Executive Order is posted on the Law Office of Diane Letarte website regarding AUDIO/VIDEO Parole Hearings Orders, as a substitute for an Appearance at the Parole Hearing.
No comments:
Post a Comment