In Re Ruzicka

We hold that respondent James Randall Ruzicka was denied due process when he was not given a copy of the written record of the Board of Prison Terms’ (hereafter BPT) decision to retain him on parole. To that extent we follow In re Nesper (1990) 217 Cal.App.3d 872 [ 266 Cal.Rptr. 113 ]. We disagree with Nesper’s conclusion, however, that the appropriate remedy is to invalidate the parole-retention determination. Instead, we order that Ruzicka be given a copy of the written record as required by Penal Code section 3001, subdivision (a) so that he may pursue his right to an administrative appeal.

Summary of Facts and Proceedings

Following a 1985 criminal conviction, Ruzicka served a prison term and was paroled by appellant California Department of Corrections (hereafter DoC) on October 1, 1987, for a term of three years pursuant to section 3000, subdivision (a).

On October 20, 1988, Ruzicka’s then-parole agent, D. J. Romero, completed a discharge review. He observed that Ruzicka, “a 28 year old first termer with no previous criminal record” and no pending charges or investigations, had “made a positive adjustment and appears to have well thought out plans for his future.”…