What types of hearings are permitted at the hearing-level stage?:
How is the type of hearing selected:
Depends on Nature of Case/Claim
Generally, the inmate appears in person but at the discretion of the hearing psychiatrist may appear via video-conference, but may not appear by teleconference. The hearing may be conducted via video-conference by a psychiatrist who is not physically located at the institution that currently houses the inmate. When the hearing is conducted via videoconference, the hearing is considered to be held at the location of the inmate, not the
location of the hearing psychiatrist.
The treating/evaluating psychiatrist (a required witness) may appear via video- or teleconference as necessary. Other witnesses may appear via video- and teleconference as necessary or may submit a written statement.
Is witness testimony permitted at hearings?:
Can parties cross-examine witnesses?:
Can third-parties submit amicus briefs and/or evidence?: