When can witnesses be excused from appearing at my parole revocation hearing?

Witnesses may not be required to testify in front of you at your parole revocation hearing if they are considered to be fearful or confidential.[702] Before your hearing, talk with your lawyer about all potential witnesses — those for you and those against you.

    “Fearful witnesses” are witnesses whose identity is known to you but who: (1) have indicated that they are at a risk of harm if they testify in your presence; or (2) have requested that their contact information be withheld from you. Testimony of a fearful witness can be taken outside the parolee’s presence, but your attorney must be present.
    “Confidential witnesses” are witnesses, whose identity is not known to you, and who would be at a risk of harm if their identity were disclosed.[703] However, if confidential information is used as part of the evidence that you violated parole, you can ask the District Attorney (prosecutor) to show you this information. If the District Attorney refuses to show you this information, then he or she must prove that showing you this information would create a risk of harm to the informant.
  1. 702

    Morrissey v. Brewer, 408 U.S. 471, 487 (1972). ↑

  2. 703

    See U.S. v. Comito, 177 F.3d 1166 (9th Cir. 1999); In re Melendez, 37 Cal. App. 3d 967, 973 (1974); In re Prewitt, 8 Cal. 3d 470, 477-78 (1972); In re Love, 11 Cal. 3d 179 (1974) (due process violation in failure to disclose contents of “confidential” report where disclosure would not endanger any informant). ↑