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