In Re Richards

Respondent, David Dean Richards, was convicted of two counts of first degree burglary, six counts of forcible rape, two counts of attempted forcible sodomy, and two counts of forcible oral copulation. On August 31, 1989, the Los Angeles Superior Court sentenced respondent to a total term of 61 years and 4 months imprisonment. Respondent was given 590 days credit for time actually served.

Respondent entered the state prison system on December 12, 1989. He was rated as a level IV, or maximum security prisoner, due to his high classification score of 79. (See, Cal. Code Regs., tit. 15, §§ 3375 [higher classification score indicates greater security control needs], 3375.1, subd. (a)(4) [score of 79 falls within level IV or highest classification], and 3377 [description of level IV facility].) Consequently, in February of 1990, respondent was transferred to the maximum security facility at Tehachapi.

More than one year later, respondent began to question the manner in which his initial classification score had been determined. On July 26, 1991, respondent initiated an administrative appeal seeking, inter alia, a reduction of his classification score based on his “favorable…