Does the SBI policy manual provide an adequate substitute for a hearing in which an inmate is allowed to present witness and documentary evidence?
California, United States of America
The following excerpt is from Inmates of Sybil Brand Institute for Women v. County of Los Angeles, 130 Cal.App.3d 89, 181 Cal.Rptr. 599 (Cal. App. 1982):
Although the procedures set forth in the SBI policy manual reduce to some extent the risk of an erroneous deprivation of the residuum of liberty retained by prisoners, those procedures are not an adequate substitute for a hearing in which an inmate is allowed to present witness and documentary evidence (provided that to do so would not jeopardize institutional safety or correctional goals). Such witnesses and evidence may be more effective in challenging the facts upon which the original report is based than could the testimony of the affected inmate alone. (See Vitek v. Jones
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