In re Prewitt

In In re Prewitt (1972) 8 Cal.3d 470, the California Supreme Court considered whether an inmate whose unexecuted grant of parole had been rescinded was entitled to disclosure of confidential information relied on by the parole authority in making the rescission decision. The Court held that, at a parole rescission or revocation proceeding, an inmate had a due process right to be provided with copies of confidential documents submitted to the parole authority unless the disclosure of such information would expose the informant to "an undue risk of harm." (Id. at p. 476.) The Court made clear that its holding was limited to parole rescission and revocation proceedings, and expressly declined to address whether the same procedural rights were "applicable to proceedings by the parole authority for fixing the terms of and granting paroles to prison inmates." (Id. at p. 475.) The Court nevertheless cautioned that "certain proceedings in connection with the fixing of terms and granting of paroles may not now conform to due process requirements." (Ibid.) The Court further stated that "when determining whether a procedure involved in the term-fixing or parole-granting process violates due process, 'the reviewing court must consider the objectives sought to be achieved by the challenged procedure, the possible unfairness to the prisoner, and the availability of alternative procedures which are less burdensome to the prisoner.' " (Ibid.)