Under what condition can a hearing for a transferred inmate occur?

The correct answer is that a hearing for a transferred inmate can occur if there was not an emergency transfer. This condition is important because emergency transfers often take place under urgent circumstances where the usual procedural safeguards may not be applied. In those scenarios, the priority is usually the immediate safety and security of the institution, staff, and inmates, which may preclude the standard hearing process.

When an inmate is transferred under non-emergency conditions, there is generally more opportunity to assess the circumstances of the transfer and the inmate's behavior prior to the transfer, allowing for a fair hearing to evaluate any alleged misconduct. This aligns with the principles of due process, ensuring that inmates have the opportunity to respond to allegations against them in a structured manner.

The other conditions listed, such as whether the inmate requests a hearing, the timing of the transfer, or the severity of the misconduct, do not fundamentally dictate the occurrence of a hearing in the context established by CDCR regulations. Instead, the critical factor is whether the transfer was conducted under emergency conditions or not.