In Re Bell

[645]

Opinion

REGAN, J.

On August 6, 1973, petitioner Herbert Bell, Jr., filed a petition for a writ of habeas corpus alleging that the rescission of his parole date did not conform to the requirements set forth in

Morrissey

v.

Brewer

(1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], We issued an order to show cause.

Petitioner is currently serving sentence at Folsom Prison after conviction of various criminal offenses. On February 8, 1972, petitioner’s parole date was set for August 13, 1973.

On March 12, 1973, petitioner was charged with the violation of two prison rules, namely disobeying orders and being in an unauthorized area. On that same date, he was served with a copy of the rules violation report, which advised him of the charges and the evidence against him and that a disciplinary hearing would be held. The back of this form advises the inmate of his rights with regard to the charges, including his right to summon witnesses, his right to be present, and his right to the assistance of an investigating officer. C. J. Johnson, the correctional officer who served the form on petitioner, declared that it was his custom and practice to inform the inmate that his rights were printed on the back of the form; however, he had no independent recollection of the event.

The matter was referred to a disciplinary committee on March 12, 1973, at which time an investigating officer was assigned to assist petitioner in the preparation of his case, including the interviewing and summoning of witnesses. The investigating officer advised petitioner of his rights to summon witnesses,

1

but petitioner declined to cooperate with the officer. Petitioner told the officer he had witnesses; but refused to give their names.

A disciplinary hearing was scheduled for March 13, 1973, but was continued for further investigation by the petitioner’s investigating officer upon petitioner’s statement that Officer Forrest could clear him of the charges.