Victims or their representatives, as well as prosecutors from the county that committed the candidate to prison, may choose to attend and speak at the parole hearing. Specifically, BPH does not publish data on the outcomes of scheduled hearings (including grants, denials, waivers, and stipulations) disaggregated by candidate subgroups, such as race or ethnicity. First, to help reduce potential biases, we recommend that the Legislature consider reducing commissioner discretion and add key safeguards on the use of discretion by key actors. In deciding whether candidates are suitable for release, commissioners are guided in large part by case law. We note that hearings may not occur or be completed as originally scheduled for other reasons, such as a candidate being sick on the day of the hearing. Garland was an Administrator at The Welsh School from 1990 to 1991. Statue gives parole candidates the right to an attorney at parole hearings. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. Accordingly, decisions made in the parole hearing process have major implications for the lives of a significant portion of the state prison population and their loved ones, as well as victims and the safety of the general public. The case is ongoing. To ensure equitable access to effective legal and hearing preparation services, we recommend that the Legislature first assess the impact of recent changes intended to improve service quality. The speaker card can be found below under Executive Board Meeting Documents. Michael Romano, 47, of San Francisco, has been appointed chair of the Committee on Revision of the Penal Code. on any lifer (life top sentence) case at least 90 Accordingly, it is possible that some of these programs are effectively providing hearing preparation services to candidates who would otherwise not have access to them. People can be sentenced to LWOP for certain severe crimes, such as murder involving torture. This position requires Senate confirmation and the compensation is $159,068. For example, a 2015 survey of state parole boards and the U.S. Parole Commission (which makes release decisions about federal prisoners) found that while a majority of parole boards reported incorporating some form of risk assessment into their decisionmaking process, there was substantial variation between jurisdictions in the specific assessments used. Attn: Pre-Hearing Correspondence Re: Brandon Fernandez CDCR #V71808 Daniel First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. While the Governor is limited to considering the same factors that the commissioners considered in determining suitability, the Governor has virtually no restrictions with respect to how factors are weighted or the process by which decisions are made. Psychologists then combine the result of the HCR20V3 with any other information they find to be relevant and reliable to produce a single CRA risk level for each candidate. To mitigate these issues, we recommend that the Legislature consider limiting discretion and improve transparency and oversight of the process. Box 4036, Sacramento, California 95812-4036. Garcia is a Democrat. California Board of According to BPH, this was primarily because attorney pay had not kept up with the increasing amount of work that attorneys must do on each caselargely due to more requirements related to documenting a candidates disability accommodation needs. Purcell is a Democrat. In many other cases, programs do not explicitly focus on parole candidates, yet nevertheless incorporate elements that may help candidates prepare for their parole hearings. The board also indicated that the attorney pay structure was problematic as it discouraged stipulations and waivers of parole hearings even if they were in a candidates best interest. Taira served as Administrative Law Judge for the California Public Utilities Commission in 2018 and was a Commissioner for the Board of Parole Hearings from 2016 to 2017. If the commissioners do not agree on a decision, cases are referred to a review by a majority of the boards 21appointedcommissioners. Can I get more information or help for my Youth Offender Parole Hearing? For example, programs often attempt to help participants gain insight into the effects of past traumas on their lives, take accountability for their actions, and build healthy coping skills. Specifically, of the parole hearings that were scheduled to occur in 2021, candidates who were represented by stateappointed attorneys were granted parole at around half the rate of those represented by private attorneys. Thornton earned a Juris Doctor degree from the San Joaquin College of Law. SAN DIEGO -- Nearly two years ago, a California parole board voted to free Robert F. Kennedy's assassin, but the decision was later overturned by the governor. Before the Governor can grant a pardon application to someone who has two or more felony convictions (in different cases), a majority of the California Supreme Court must first recommend a grant of clemency. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. Purcell was a Judicial Attorney Clerk for the Honorable Malcolm M. Lucas at the California Supreme Court from 1985 to 1986 and a Registered Nurse for the Los Angeles County Mens Central Jail from 1981 to 1982. She held several positions at the Division of Rehabilitative Programs in the Department of Corrections and Rehabilitation from 2009 to 2012, including Deputy Director, Chief and Program Administrator. Written comments for en banc cases must be received by 10:00 a.m. on the day the case is being considered, in order to ensure full consideration by a majority of appointed commissioners. In addition, private attorneys tend to provide hearing preparation services, such as helping clients prepare relapse prevention plans. Accordingly, such people are eligible for youth offender parole hearings after serving 25 years in prison. Assignment of Legal Counsel. Consider Reducing Commissioner Discretion and Add Key Safeguards. About four months before their hearing, candidates are generally interviewed by a BPH psychologist to assess their longterm potential for future violence as well as factors that could minimize their risk of violence if released. No later than 45 days before their parole hearing, candidates may choose to waive their right to a hearing for one to five years. If you would like Governor Newsom to consider your pardon application, please submit a new. She earned a Master of Arts degree in organizational leadership from Woodbury University. Please enter valid email address to continue. If an analysis of recent efforts to improve attorney effectiveness and access to parole hearing preparation services does not reveal adequate improvements, the Legislature could consider pursuing different options. For example, the Legislature could increase the standard that must be metwhich is currently established through case law as some evidenceto a preponderance of evidence or clear and convincing evidence that a candidate poses a current risk. She was an attorney in the Law Offices of Patricia A. Cassady from 1988 to 1995. Hearing Schedules & WebThe Board of Parole Hearings (BPH) conducts parole consideration hearings, parole rescission hearings and parole progress hearings for adult inmates and parolees under US Probation & Parole Office Given the current level of discretion in the parole hearing process, it is important to have safeguards in place that can mitigate the impacts of possible biases in release decisions. While this could indicate that the above changes did not sufficiently improve attorney effectiveness, it is unclear if sufficient time had elapsed to allow the impact of the changes to be observed in the survey data. Risk Assessment by BPH Psychologist. Accordingly, we recommend that the Legislature direct CDCR to report on the extent to which such programs provide hearing preparation services. Among other factors, Newsom said the Christian Palestinian who immigrated from Jordan has failed to disclaim violence committed in his name, adding to the risk that he could incite political unrest. As discussed earlier in this report, sentencing frameworks are often characterized as either determinate or indeterminate. Grounds is a Republican. To the extent that implicit bias affects key actors thinking in the parole hearing process, candidates who are subject to negative implicit biases (such as Black and Latino men) would be disproportionately disadvantaged in the parole hearing process. 4. Are forensic experts biased by the side that retained them? Psychological Science 24.10 (2013): 18891897. Pardon Application by Certificate of Rehabilitation:One way to apply for a pardon is to first petition for and obtain a Certificate of Rehabilitation from the superior court in the county where the applicant lives. the impact of a pardon grant on the applicants family and community, including whether the grant is consistent with public safety and in the interests of justice and, if relevant, any extraordinary circumstances that justify restoration of firearm rights or a pardon in a sex offense case; the age and circumstances of the offense and the age of the applicant at the time; the applicants self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs; and, (2 pages) to the Governors Office. In some cases, programs are explicitly designed to incorporate hearing preparation services. Grounds held several positions at the Correctional Training Facility, Soledad from 2009 to 2012, including warden and acting warden. UnCommon Law is hoping to expand the program to a prison in Northern California sometime in 2023. Gutierrez is registered without party preference. Under general direction of the Board of Parole Hearings, to sit as a member of a panel conducting term fixing, parole consideration, and parole revocation hearings for those felons committed to the custody of the Director of Corrections and Rehabilitation to make decisions in cases heard; to review and schedule cases for hearings; to review To the extent the Legislature finds further improvements are needed, we provide variousoptions. Michele R. Minor, 59, of Galt, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2014. Minor is a Democrat. Long was Vice President of Prison Engagement at Defy Ventures from 2016 to 2018. Psychologists have also found that in assessing the reasons behind others behavior, people tend to overemphasize dispositional, or personalitybased, explanations while underemphasizing situational explanations. This position requires Senate confirmation and the compensation is $166,306. WebIn addition, that office supplies the registration information to the Board of Parole Hearings who in turn is obligated to notify any registered victim or next of kin of any upcoming . People with determinate sentences are sentenced to a fixed number of years in prison and are released after serving that time. To the extent it is caused by the fundamental attribution error, this commissioner tendency could disadvantage candidates who truly have been impacted by situational factors, such as trauma. Insufficient Data to Determine Whether Attorney Effectiveness Is Improving. Potential Cognitive Biases of Key Actors. Gutierrez is registered without party preference. It is possible that key actors may be influenced by their institutional context. A lawyer representing those members of the family is expected to present their arguments at the hearing in opposition to his release. Dobbs was an Attorney and Sole Practitioner at the Law Office of Dianne R. Dobbs from 2006 to 2007 and an Attorney for Sacramento Child Advocates Inc. from 2003 to 2005. Private attorneys that provide free services are often affiliated with nonprofit organizations specializing in parole hearings. In addition, the survey data suggest that many stateappointed attorneys might not be providing basic forms of assistance to their clients. While nearly twothirds of respondents reported allowing candidates attorneys to attend hearings, only about onequarter reported that indigent candidates are provided with attorneys at state expense. She was Program Director and Department Chair at Magdalena Ecke Family YMCA from 1987 to 1990. SPEAKER CARD:If you would like to make a public comment at the meeting, please complete and submit a speaker card before the meeting toBPH.SpeakerCards@cdcr.ca.gov. Accordingly, candidates may see their behavior as a situational response to the failure of the prison system to protect them from violence. Potential Bias From Overly Broad Discretion. Finally,whereas the services of stateappointed attorneys end after hearings conclude, private attorneys often continue working for their clients between hearings if they are denied release. While it is possible that some of the above steps may have improved the services provided by stateappointed attorneys, it is unclear at this time whether they are sufficient. Parole hearings are conducted by commissioners who work for the Board of Parole Hearings (BPH). As noted above, this classification is largely based on the results of the HCR20V3 and any other information that they find to be relevant and reliable. Forexample, in 2003, Governor Davis reversed about 95percent of parole decisions in murder cases, while Governor Brown reversed about 14percent in2015. Written comments for the consent calendar and the discussion item regarding the videoconference regulations must be received by 5:00 p.m. on December 16, 2022. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. Specifically, the report should include information about (1)how many people (and at what prisons) each program serves, (2)how many parole candidates (as opposed to all incarcerated people) the program has served or intends to serve, (3)the program cost per participant, (4)what types of hearing preparation services the program provides, (5)whether the hearing preparation services address the needs of any specific subpopulations such as transgender and nonbinary candidates, and (6)any information available about the effectiveness of the program model or the program itself in providing hearing preparation services. This could create inequities for a variety of different groups, including parole candidates who are impoverished and those who lack the mental capacity or language skills necessary to secure an attorney free of charge. He was associate warden at Salinas Valley State Prison from 2007 to 2009. (We provide information in the box below on how parole processes vary across other states and the federalgovernment.). Scheduling of Hearing. Zarrinnam is a Democrat. In addition, we recommend that the Legislature require BPH to release public data on outcomes by subgroups as well as support periodic quantitative and qualitative studies of the parole process by independent researchers. There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon. Processes in Other Jurisdictions Can Differ. Taira was a Defense Attorney in the Fresno County Public Defenders Office from 1991 to 1992. it requires the Board of Parole Hearings to listen to the entire and uninterrupted testimony of the victim, victims family, and victims representatives, it allows victims, a victims family, and the victims representatives to attend parole board hearings without being questioned by the inmate or his/her attorney, and In many cases, it determines whether or not people will spend the rest of their lives in prison. Though the program experienced significant implementation delays due to the COVID19 pandemic, it is currently serving a cohort of about 30 people at California State Prison Los Angeles County in Lancaster. OMeara was Staff Psychologist for the Conditional Release Program at the Department of Mental Health from 1988 to 1991. People with LWOP sentences are not eligible for parole hearings, with the exception of those who received an LWOP sentence for a crime they committed while under 18 years of age. Cambridge, England: Cambridge University Press. Currently, commissioners can deny parole if they can point to any evidenceeven if based on subjective determinationthat a candidate may pose a current risk of dangerousness. Ruff was a retired annuitant special agent on the Special Projects Team at the California Department of Corrections and Rehabilitation from 2013 to 2016. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. Conversely, to the extent that some inequities could work in favor of certain candidates, it would mean that BPH is releasing them despite the potentially high risk they represent to publicsafety. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. Sirhan Sirhan has waived his right to fight deportation to his native Jordan. Forabout 40percent of people held in Californias prison system, the amount of time they ultimately serve in prisonin many cases including whether or not they will spend the rest of their lives in prisonis determined through the parole hearing process. "By doing this, I ensure that no other person is victimized by my actions again and hopefully make an impact on others to follow.". As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. SACRAMENTO GovernorGavin Newsom today announcedthe following appointments: John Garcia, 66, of Rancho Cucamonga, has been appointed to the Board of Parole Hearings, where he has served as Deputy Commissioner and Administrative Law Judge since 2017. Candidates With State Appointed Attorneys Have Worse Outcomes. For example, transgender people tend to face a high risk of victimization in prison. Our community will continue to honor Justine and fight to ensure her murderers remain where they belong in prison. This case was filed in Sacramento County Superior Courts with James P. Arguelles presiding. Maria R. Gutierrez, 58, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2019. Specifically, commissioners are required to set the next hearing 3, 5, 7, 10, or 15years in the future based on evidence supporting the amount of additional incarceration needed to protect the safety of the public and the victim. Ruff is a Democrat. The Board of Parole Hearings investigates pardon applications for the Governors Office. He earned a Juris Doctor degree from the University of California, Davis School of Law. Applicants who are eligible for a Certificate of Rehabilitation are encouraged to use that path to file a pardon application. Private attorneys also tend to work with their clients over longer periods of timeincluding between parole hearingsrather than just the four months leading up to a hearing. Kathleen OMeara, 66, of Solano, has been appointed to the Board of Parole Hearings. In addition, it is considering offering a less intensive version of the programin the form of shorter workshopsat several other prisons. A., Stark, T. H., & Scott, A. L. Romanowas counsel at Riordan & Horgan from 2005 to 2008, a law clerk for the Honorable Richard Tallman at the U.S. Court of Appeals for the NinthCircuit from 2003 to 2004 and a legal researcher for the Innocence Project from 2000 to 2001. Completed pardon applications may be submitted electronically to pardons@gov.ca.gov, or by mail to Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. Buffer, now 59, lived in Sacramento at the time of the murder and is currently serving his sentence at Folsom State Prison. If this program is shown to be successful and can be scaled to serve the entire prison system, it could improve equity in access to hearing preparation services by increasing their availability to people without private attorneys. Sharrieff is a Democrat. Second, to ensure equitable access to effective legal and hearing preparation services for candidates, we recommend that the Legislature assess the impact of recent changes intended to improve their quality and availability. Please do not send original documents because application materials cannot be returned; and. Catherine Purcell, 65, of Vallejo, has been appointed to the Board of Parole Hearings. He served as a Commissioned Officer and Staff Attorney for the U.S. Coast Guard from 1992 to 2009. This position requires Senate confirmation and the compensation is $159,068. People Previously Sentenced as Minors to LWOP. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. Gutierrez served as Assistant Sheriff in the Los Angeles County Sheriffs Department from 2018 to 2019, where she was Chief of the Court Services Division and Hispanic Affairs Executive from 2016 to 2018. Maria Gutierrez, 56, of Los Angeles, has been appointed to the Board of Parole Hearings. Cassady earned a Juris Doctor degree from the John F. Kennedy University College of Law. WebCalifornia Board of Parole Hearings is located in Sacramento, CA, United States and is part of the Justice, Public Order, and Safety Activities Industry. After weeks of searching, Justines body was found in Applegate, California. Discretion Afforded to Parole Commissioners. Over the past several years, the state has also expanded the availability of programs that generally focus on helping people in prison understand the impact of crime, build empathy, and develop insight into the causes and consequences of their behavior. If Not Released, When Should Candidates Next Hearing Occur? Parole Hearing. She also alleges that Newsom misstated the facts in his decision. On balance, we found that the current process provides overly broad discretion to decision makers. Box 4036Sacramento, CA 95812-4036, Attn: Pre-Hearing CorrespondenceRe: Brandon Fernandez CDCR #V71808Daniel Bezemer CDCR #V71807, Parole Hearing Date(s): July 28, 2022 / Aug. 10, 2022. Qualitative analysis would help reveal the nature of key actors interactions with candidates and how key actors are assessing subjective factors, such as remorse. If you would like Governor Newsom to consider your pardon application, submit a completedReapplication for Clemency Form(1 page) to the Governors Office. WebParole Hearings for Life Inmates En Banc and Rescission Hearings for Life Inmates Appeals of Parole Denials State and Federal Appeals of Criminal Convictions Civil rights, visiting issues, and custody issues Appeals of Rules Violations Clemency and pardon applications before the Governor Sentencing modifications WebCalifornia Board of Parole Hearings locations 4.0 Sacramento, CA Show all locations Companies California Board of Parole Hearings Find another company Cancel Search Hiring Lab Career Advice Browse Jobs Browse Companies Salaries Find Certifications Browse Schools Indeed Events Work at Indeed Countries About Help Center 2022 Thisis due to U.S. Supreme Court rulings in 2012 and 2016, which prohibited LWOP sentences for such people and required that those who had previously received them be given a meaningful opportunity for release. That's why she said she's also turning to the courts. Consider Limiting Discretion of Parole Commissioners. He served as warden at Salinas Valley State Prison from 2012 to 2014. (TheState Constitution also gives the Governor power to grant reprieves, commutations, and pardons for people convicted of crimes, though these are not the subject of this report.). Ali Zarrinnam, 46, of Los Angeles, has been appointed Commissioner to the Board of Parole Hearings, where he has served as Associate Chief Deputy Commissioner since 2016. People who have been convicted of a crime in California may apply for a gubernatorial (Governors) pardon. She earned a Master of Business Administration and Management degree from Holy Names University and a Juris Doctor degree from the Golden Gate University School of Law. This would ensure that BPH does not respond to this change by altering how psychologists assesses risk (such as by assessing fewer candidates to be low risk). The Governor has statutory authority to refer any decision to grant parole to a review by a majority of the boards 21 appointed commissioners for a possible reversal. Through this assessmentcalled the Comprehensive Risk Assessment (CRA)psychologists classify a candidate as having low, moderate, or high risk of violence. We further recommend using the results of this assessment to inform whether future legislative action is needed. Long served in several positions at Ironwood State Prison from 1995 to 2002, including Sergeant, Lieutenant and Correctional Counselor, and he was a Correctional Officer at Chuckawalla Valley State Prison from 1989 to 1995. Please read the attached Youth Offender Parole guide (published by the Fair Sentencing for Youth Coalition and Human Rights Watch). The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21commissioners who are appointed by the Governor and subject to confirmation by the Senate. In the 2015 survey, 26percent of jurisdictions reported that they had a determinate system, 29percent reported that they had an indeterminate system, and 45percentincluding Californiareported having elements of both. If the telephone number goes to voicemail, please leave the information on the recording so the moderator may appropriately identify you when it is your turn to speak. Parole Suitability Hearings; Youth Offender Parole Hearings; Elderly Parole Hearings; Medical Parole Hearings; Hearing Information. SAN DIEGO -- Nearly two years ago, a California parole board voted to free Robert F. Kennedy's assassin, but the decision was later overturned by the governor. Quantitative analysis should assess whether (1)the CRA and SDMF are being implemented consistently with best practices and between individual psychologists and commissioners and (2)whether certain groups are more or less likely to receive favorable outcomes, even after controlling for relevant factors that legitimately impact outcomes. 2023 The Associated Press. Decisionsare later reviewed by BPHs chief counsel for errors of law or fact. Board of Parole Hearings P.O. This position requires Senate confirmation and the compensation is $159,068. WebFrom Business: Located in Sacramento, the Board of Prison Terms, also known as BPT, is a state unit that is a part of the Board of Parole Hearings, which establishes the terms 3. . ) to 2009 to fight board of parole hearings sacramento, ca to his release, the concerns we discuss below have... To face a high risk of victimization in prison people tend to a! 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