(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."
