Do I have a right to appear at the discharge review hearing before the Board of Parole Hearings (BPH)?

No. You do not have a right to appear in person at the BPH review hearing.[399] But, if CDCR staff makes a “mistake of fact”[400] in the report that goes to BPH (see definition above on PG. 154), then you can file a CDCR Form 602 administrative appeal asking for reconsideration, and clarifying the mistake that has been made.[401] See the steps for filing a 602 appeal on PG. 178.

  1. 399

    15 Cal. Code Regs. 2535(c).

  2. 400

    A mistake of fact is an error caused someone’s unawareness or ignorance of the circumstances of an event.

  3. 401

    15 Cal. Code Regs. §§ 3721-3723.