(b) Witnesses may include voluntary, adverse, and
confidential witnesses.
(1) Adverse Witnesses. The
ward shall have the right to call adverse witnesses.
(A) When it is known that a staff witness will be
on an extended scheduled leave (longer than three weeks) during the time of the
hearing, the ward shall have the opportunity to interview the witness prior to such
leave. The interview shall be recorded and heard by the fact finder at the fact
finding hearing.
(B) When a staff
witness is on unscheduled sick leave, or is physically unable, staff shall, when
possible, interview the witness, record the statement, and provide a copy to the
ward and the fact finder.
(C) Ward
witnesses shall appear except where their presence would present a danger to
themselves or others.
(2)
Confidential Witnesses. Wards or persons not employed by the Youth Authority may be
designated as confidential witnesses only if their testimony could pose a physical
threat to themselves or others. Staff members shall not be designated as
confidential witnesses.
(A) Where the statement of
a confidential witness is uncorroborated and appears to be the sole basis for a
charged rule or law violation, a polygraph test shall be administered before the
information can be used.
(B) The fact
finder, after hearing or reading the testimony of the confidential witness and
evaluating the reasons supporting the confidentiality, shall determine if
confidentiality is required.
1. If the fact finder
deems that the confidentiality is not appropriate, he shall determine if the witness
will testify at the hearing.
2. If the
testimony meets the standards for confidentiality, the fact finder shall document
the findings and the reasons for its support.
(C) The fact finder shall reveal the substance of
the confidential testimony to the accused ward and/or his representative to the
maximum extent possible without jeopardizing the person giving the
testimony.
(D) If the confidential
witness' statement is uncorroborated and is the sole basis for the fact finding
hearing, the accused ward may request that a staff representative of his choice be
included in any interview with the confidential witness. The staff representative
shall:
1. Not disclose to the accused ward the
identity of the witness or the details of the confidential information.
2. Assure the accused ward that the information
was received and obtained fairly.
(E) The fact finder shall record the degree to
which the confidential evidence was relied upon to reach the final decision. The
degree shall range from "no influence" to "sole basis for
decision."
