AB 365

Under current law, a person is entitled to an administrative hearing on whether

the person's probation, parole, or extended supervision may be revoked. The person

has a right to due process with respect to the revocation hearing, but the rules of

evidence that apply to court proceedings do not necessarily apply to revocation

hearings.

Also under current law, a person who has been charged with committing a

felony is entitled to a preliminary examination at which the court must determine

whether there is probable cause to believe that the defendant committed the felony.

Witness testimony may be taken at both revocation hearings and preliminary

examinations.

This bill provides that, if the Department of Corrections initiates proceedings

to revoke a person's probation, parole, or extended supervision because the person

has committed a new felony, the felony victim's testimony from the preliminary

examination regarding the felony is admissible at the hearing on revocation of

probation, parole, or extended supervision. The bill further provides that, if the

victim testified at a preliminary examination regarding the felony and if a record of

the testimony is available, a party to the revocation hearing may not subpoena the

victim to appear at the revocation hearing unless that party shows good cause for

requiring the victim's appearance.