Cal. Code Regs. Tit. 9, § 30965 - Use of Polygraph

Polygraph examinations may be used as an aid for gathering pertinent information in investigations.

(a) A polygraph examination shall not be administered without the voluntary written consent of the ward.

(b) A ward suspected of a rule or law violation may request a polygraph examination and, when conducted, only the examiner and the ward shall be present.

(c) A polygraph examination may be approved or disapproved by the superintendent or regional administrator before it is given, except under the conditions cited in Section 30916 (a) (2) (A) and (B).

(d) The result of a polygraph examination shall only be admitted into evidence in any disciplinary or parole rescission/violation proceedings where it supports the ward's claim of innocence or grievance. The ward shall be so advised prior to taking the examination.

(e) A polygraph examination that raises questions about the ward's honesty or credibility shall not be introduced as evidence in institutional disciplinary or parole rescission/violation proceedings.

(f) Examinations shall be given by accredited polygraph examiners. Examiners shall meet one of the following qualifications:

(1) Current member of the California Association of Polygraph Examiners or American Polygraph Association.

(2) Successful completion of a instructional polygraph operation course from an accredited polygraph school.

Notes

Cal. Code Regs. Tit. 9, § 30965

1. Change without regulatory effect adopting article 6 (section 30965) and renumbering title 15, section 4133 to title 9, section 30965, including amendment of subsection (c), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.

1. Change without regulatory effect adopting article 6 (section 30965 ) and renumbering title 15, section 4133 to title 9, section 30965, including amendment of subsection (c), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).