California Penal Code section 2932(c)(1)(A)
In In re Estrada (1996) 47 Cal.App.4th 1688, a prison inmate was found guilty of a prison rules violation for conspiring to commit a battery on an inmate.
The violation was based solely on information supplied by confidential informants. The inmate was not given written notice of the date, time and place of the conspiracy.
The trial court granted the inmate's petition for writ of habeas corpus.
The appellate court reversed, concluding that the charging petition which set forth the date, time and place of the battery was sufficient under a due process analysis and that implementation of Penal Code section 2932 was subject to legitimate administrative and security needs of the institution.
Penal Code section 2932, subdivision (c)(1)(A) states:
"(c) Any procedure not provided for by this section, but necessary to carry out the purposes of this section, shall be those procedures provided for by the Department of Corrections for serious disciplinary infractions if those procedures are not in conflict with this section.
"(1)(A) The Department of Corrections shall, using reasonable diligence to investigate, provide written notice to the prisoner. The written notice shall be given within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, except that if the prisoner has escaped, the notice shall be given within 15 days of the prisoner's return to the custody of the Director of Corrections. The written notice shall include the specific charge, the date, the time, the place that the alleged misbehavior took place, the evidence relied upon, a written explanation of the procedures that will be employed at the proceedings and the prisoner's rights at the hearing. The hearing shall be conducted by an individual who shall be independent of the case and shall take place within 30 days of the written notice."