Is a police report admissible at a parole hearing?

California, United States of America


The following excerpt is from People v. Lindsey-Jones, E069076 (Cal. App. 2018):

The police report was admissible evidence at this hearing on defendant's eligibility for resentencing under Proposition 64. The eligibility hearing is comparable to other postconviction proceedings such as sentencing, parole violation and probation revocation hearings, and eligibility hearings under Proposition 47. At sentencing hearings, a court may consider "unsworn or out-of-court statements" if there is a "substantial basis for believing the information is reliable." (People v. Lamb (1999) 76 Cal.App.4th 664, 683.) Hearsay evidence is admissible at parole violation and probation revocation hearings if it bears a substantial degree of trustworthiness based on the trial court's assessment of the indicia of reliability, which will not be reversed on appeal

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