What is the process for appealing a decison made by CDCR?
You can challenge a CDCR action or lack of action in these stages by filling out a CDCR Form 602 administrative appeal (see Appendix J, PG. 277 for copy of form) and submitting it to the CDCR’s parole agent.
Possible uses for a 602 appeal include challenging the CDCR’s decision to place a parole hold or find probable cause for a violation, asking for an attorney for the early stage of the revocation process, or challenging a delay by CDCR in filing a formal petition.[720]
There are two reasons for filing a CDCR Form 602 administrative appeal and re-filing it to the highest level necessary:
- First reason—It might solve the problem.
- Second reason—Courts usually require you to “exhaust administrative remedies,” meaning you filed an appeal and completed all three levels of review before filing a case in court.[721]
After completing any required administrative remedies, you can challenge a CDCR or BPH action or decision by filing a state court petition for a writ of habeas corpus. If the judge issues an “order to show cause,” it must appoint a free lawyer to represent you if you request one and show that you do not have enough money to pay for a private lawyer.[722] See Appendix K, PG. 280 for information on when and how to file a state court petition for a writ of habeas corpus.
- 720
Prison Law Office, The Parolee Rights Manual, at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (Aug. 2013). ↑
- 721
See In re Dexter, 25 Cal.3d 921, 925 (1979). ↑
- 722
Prison Law Office, The Parolee Rights Manual, at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf (updated Aug. 2013). ↑