This tool guides psychologists in evaluating various factorssuch as substance use or violent attitudesthat research has found are associated with risk of violence. Forexample, in 2003, Governor Davis reversed about 95percent of parole decisions in murder cases, while Governor Brown reversed about 14percent in2015. Garland is a Democrat. In addition, BPH provides commissioners with training on various topics, such as implicit bias. 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. 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. Purcell was an Attorney at the Law Offices of Terry M. Giles from 1987 to 1989 and an Associate at Gibson, Dunn & Crutcher from 1986 to 1987. Currently, in implementing the CRA, BPH psychologists primarily rely on a tool called the Historical Clinical Risk Management20, Version3 (HCR20V3). If you would like Governor Newsom to consider your pardon application, please submit a new. This position requires Senate confirmation and the compensation is $159,068. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. He earned a Juris Doctor degree from Southwestern University School of Law. We also analyzed data on outcomes of state parole hearings. SACRAMENTO Governor Gavin Newsom today announced the following appointments: John Garcia, 66, of Rancho Cucamonga, has been appointed to the In a 3 1/2-minute message played during a news conference held by Berry in September, Sirhan said he feels remorse every day for his actions. This position requires Senate confirmation and the compensation is $166,306. Potential Institutional Biases of Key Actors. on any lifer (life top sentence) case at least 90 During hearings, commissioners ask candidates questions about their social history, past and present mental state, past and present attitude toward their crime, and plans for work and housing if they are released. This allows BPH psychologists to exercise substantial discretion in three primary ways. She has served as deputy commissioner and administrative law judge with the Board of Parole Hearings since 2018. Get browser notifications for breaking news, live events, and exclusive reporting. Also, submit a completedNotice of Intent to Apply for Clemency(1 page) to the district attorney(s) in the county or counties of the conviction(s) for the offense(s) for which you are requesting a pardon. 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. While in state prison, certain people become eligible for possible release onto supervision in the community. 2023 The Associated Press. She has been an assistant sheriff at the Los Angeles County Sheriffs Department since 2018. Tothe extent that stateappointed attorneys provide less effective legal and/or fewer hearing preparation services to candidates, it raises an equity concern. "They found him suitable for release last time and nothing has changed," Berry said. Kennedy," who Newsom has cited as a political hero. Webmanner, you should contact: Board of Parole Hearings, P.O. Garcia earned a Juris Doctor degree from Western State College of Law. For example, private attorneys sometimes hire an external consultant, such as a psychologist, to provide an expert opinion on a factor relevant to their clients risk. Grounds was a correctional counselor supervisor at the California Correctional Institution from 1996 to 2001 and was a correctional counselor at California State Prison, Lancaster in 1996. However, despite its advantages, discretion creates an entry point for bias in decisionmaking. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. However, a 202021 survey of parole candidates suggests that stateappointed attorneys may not be meeting the minimum expectations for legal services. Forexample, to the extent that the parole hearing process could inequitably disadvantage certain candidates, it would mean that the state is paying to continue to incarcerate them without a public safety need to do so. Making such data publicly available would likely create some new costs for BPH, which we estimate to be minor and likely absorbable for the board. In addition, it is considering offering a less intensive version of the programin the form of shorter workshopsat several other prisons. Consider Limiting Discretion of Parole Commissioners. Peoplewith indeterminate sentencestypically given for severe crimes such as murderhave a prison term that includes a minimum number of years but no specific maximum, such as 30yearstolife. They can only be released from prison if found suitable for release through a parole hearing. 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. Second, we find that there is potentially inequitable access to effective legal and hearing preparation services for parole candidates. 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. If you submitted a direct pardon application to a past Governor and you did not receive notice of a pardon grant, your application is deemed closed. For example, the 201920 budget provided $5million ongoing General Fund for the California Reentry and Enrichment grant, through which CDCR funds programs that focus on insight and accountability. Sirhan Sirhan has waived his right to fight deportation to his native Jordan. Grounds held several positions at the Correctional Training Facility, Soledad from 2009 to 2012, including warden and acting warden. Long, 56, of Tehachapi, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. The People Of The State Of California , filed a (n) Civil - Unlimited case against Board Of Parole Hearings , in the jurisdiction of Sacramento County. 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. Available data indicate that candidates who rely on stateappointed attorneys are (1)less likely to be granted parole and (2)when not granted parole, wait a longer time until their next parole hearing, as compared to candidates who have private attorneys. Consider Reducing Commissioner Discretion and Add Key Safeguards. These hearing preparation services can involve guiding clients through a process of introspection with the goal of building insight into the causes of their behavior, understanding the role of trauma in their lives, and taking accountability for their actions. Taira served as an Administrative Law Judge for the Department of Social Services from 2011 to 2012 and for the Office of Administrative Hearings from 2009 to 2011. These programs engage people in prison through a wide range of modes and topics, including peerled discussion groups and the arts. The 201920 budget provided $4million from the General Fund on a onetime basis for UnCommon Lawa nonprofit organization that provides free legal representation to parole candidatesto implement a pilot program to deliver hearing preparation services to candidates separate from the traditional attorneyclient relationship. This is because attorneys received a relatively significant increase in compensation if a case proceeded to the hearingstage. WebParole Hearings. 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. BPH currently maintains some safeguards on the use of discretion. To apply for a direct pardon you must take the following two steps: If you submitted a direct pardon application to a past Governor and you did not receive notice of a pardon grant, your application is deemed closed. These associations tend to be based on stereotypesgeneralized beliefs about a particular group of people, which can be acquired through social influences, media, or personal experiences. 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. 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. In 2019, BPH reported difficulty attracting and retaining competent attorneys and indicated that it had to reprimand or even discontinue appointing some attorneys for providing inadequate representation. Moreover, we find that the current process does not adequately provide safeguards on the use of discretion. She was a Clinical and Forensic Psychologist in private practice from 1988 to 2006. Without access to these services, such a candidate could be inequitably denied release due to their history of victimization in prison. Pardon Application by Direct Request to the Governor:The second path to apply for a pardon is to submit an application directly to the Governors Office. As previously mentioned, parole hearings are typically conducted by two commissioners (one appointed commissioner and one deputy commissioner). Purcell is a Democrat. WebThe mission of the Parole Board is to increase public safety by evaluating an individuals potential for successful reintegration to the community through the use of innovative evidence informed practices. 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. Michael Romano, 47, of San Francisco, has been appointed chair of the Committee on Revision of the Penal Code. 4. WebQuestions? Applicants who are eligible for a Certificate of Rehabilitation are encouraged to use that path to file a pardon application. SAN DIEGO (AP) Nearly two years ago, a California parole board voted to free Robert F. Kennedys assassin, but the decision was later overturned by the governor. Minor is a Democrat. To educate and assist life term prisoners in rehabilitation practices needed to facilitate their finding of suitability for parole by the Board of Parole Hearings. Contact the Public Defenders Office in your county of residence for additional information. How parole boards judge remorse: Relational legal consciousness and the reproduction of carceral logic. Law & Society Review 56.2 (2022): 237260. Discretion could be limited in all cases or just for those who meet certain criteria, such as having been assessed by BPH psychologists to be low risk or remaining discipline free for five years. She was Adjunct Faculty at the University of Phoenix from 2006 to 2012. Berry has said the 78-year-old man, who has spent more than 54 years in prison, is not a danger to society and should be released. You may submit the speaker card any time after the meeting agenda is posted. 2023 CBS Broadcasting Inc. All Rights Reserved. (Forthose who stipulated to unsuitability, denial periods were comparable between candidates with state appointed and those with private attorneys. Qualitative analysis would help reveal the nature of key actors interactions with candidates and how key actors are assessing subjective factors, such as remorse. OMeara has beenRegional Mental Health Administratorat the California Department of Corrections and Rehabilitation since2012, where she has served in several positions since 2006, including Chief Psychologist and Senior Psychologist Specialist at the California Medical Facility. In addition, to the extent BPH psychologists view the board as being inclined or disinclined to release candidates, this could affect how they administer the CRA. Romano has been director of the Justice Advocacy Project at Stanford Law School since 2007. Specifically, people who: In 1994, the California Legislature and voters (with the passage of Proposition184) changed felony sentencing law to impose longer prison sentences on people who have certain prior felony convictions (commonly referred to as the Three Strikes Law). It is extremely important for you to attend the parole hearing in person. For example, research done on a diverse, national sample of juryeligible adults, found that they significantly associated Latino and Black men with danger and white men with safety. He served as assistant commissioner for field operations at the California Highway Patrol from 2004 to 2007, chief of the Valley Division from 2001 to 2004, chief of the Professional Standards Division from 2000 to 2001 and assistant chief of the Golden Gate Division from 1999 to 2000. Regardless of whether they are released after completing their entire sentence or earlier by BPH, people with determinate sentences are supervised in the community for a period of time by either state parole agents or county probation officers, depending on the crime they committed. Since 2019, commissioners have used a Structured DecisionMaking Framework (SDMF) that is intended to help focus their questions to candidates on factors found in research to be most associated with risk of violence, such as candidates risk level as determined by the BPH psychologists and their participation in rehabilitation programs. The speaker card can be found below under Executive Board Meeting Documents. 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. Romano was a staff writer for Seattle Weekly from 1994 to 1999. All people with indeterminate sentences are eligible for parole hearings once they serve the minimum term in their sentences. Zarrinnam served as a Commissioner at the Board of Parole Hearings from 2012 to 2016 and was Deputy Commissioner there from 2009 to 2012. Whilenot the focus of this report, we note that BPH has various other responsibilities, such as advising the Governor on applications for clemency. Thiscould give insight into why certain groups might have higher or lower grant rates after controlling for relevant factors as well as how to address such issues. Thornton earned a Juris Doctor degree from the San Joaquin College of Law. Statue gives parole candidates the right to an attorney at parole hearings. For example, private attorneys may review the hearing transcript to ensure that any errors are corrected as well as meet with their clients to debrief and discuss next steps to prepare for the subsequent hearing. He was Lead Hearing Officer for Amtrak in 2017 and served as a Judge Pro Tem for the Los Angeles County Superior Court from 2016 to 2017. He was an Attorney at the Law Offices of Excel A. Sharrieff from 1999 to 2016. (We provide information in the box below on how parole processes vary across other states and the federalgovernment.). 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. If clear and convincing evidence is required, then decisions to deny release would need to be backed by evidence showing that candidates are substantially more likely to be an unreasonable risk to public safety than not. This is known as the fundamental attribution error. 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. However, until the project is completed and evaluated, it is not clear whether the model is effective. Assignment of Legal Counsel. You may also call(916) 322-4752 to register your speaker information. While some steps have recently been taken to address this problem, it is unclear whether these steps are sufficient. 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. If the candidate is not released, the commissioners must then decide when the candidates next parole hearing should occur. He served in various other positions with the California Highway Patrol from 1974 to 1992, including captain, lieutenant, sergeant and patrol officer. In contrast, to the extent that the fundamental attribution error causes commissioners to underweight situational explanations, commissioners may see the behavior as misconduct and interpret candidates attitudes toward it as an indicator that they lack remorse and deny them release, even if this is not warranted based on their risk. The results of this assessment can then be used to inform potential future legislative action. Accordingly, we recommend the Legislature (1)assess the impact of recent changes and (2)use the results of this assessment to guide its future actions. Murrie, Daniel C., et al. The Governors Office can only accept these notices by email (pardons@gov.ca.gov) or mail (Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814). In our review of Californias parole hearing process, we identified two aspects of the process that could lead to inequitable outcomes. In addition, the survey data suggest that many stateappointed attorneys might not be providing basic forms of assistance to their clients. People With Indeterminate Sentences. Likewise, candidates who do not point to situational factors (such as a history of trauma, victimization, or mistreatment as a partial cause of their behavior) could be more likely to be found genuinely remorseful by decision makers and released even if they have similar risk levels to people who are not released. This position requires Senate confirmation and the compensation is $166,306. For example, transgender people tend to face a high risk of victimization in prison. This position requires Senate confirmation and the compensation is $159,068. Dobbs is a Democrat. Psychologists have also found that in assessing the reasons behind others behavior, people tend to overemphasize dispositional, or personalitybased, explanations while underemphasizing situational explanations. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. Thornton is registered without party preference. For example, if the Legislature were to require decisions to be supported by a preponderance of evidence, decisions to deny release would need to be backed by evidence showing that candidates are more likely than not to be an unreasonable risk to public safety. That their daughter was never coming home. Risk Assessment by BPH Psychologist. Box 942883 Sacramento, 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. Maria R. Gutierrez, 58, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2019. In addition to the basic legal services that stateappointed attorneys are required to provide, private attorneys typically provide additional legal services. The purpose of parole hearings is to decide whether to release certain people (referred to in this report as parole candidates) from state prison. Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California's pivotal Democratic presidential primary in 1968. It is possible that some of the above disparities are driven by actual differences in risk of violence between the two groups. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. parole hearing . Statute specifies that these appointed commissioners should reflect, as nearly as possible, a cross section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state. 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. In deciding whether to grant a pardon, the Governors Office will carefully review each application and consider: Pardon applicants will be notified if the Governor takes action on their application. In doing so, it would want to consider any underlying problems and recommended solutions identified through the external research we recommend commissioning. 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. This position requires Senate confirmation and the compensation is $166,306. Public comment may also be emailed to BPHEXE.BRDMEETING@cdcr.ca.gov. Potential legislative optionsinclude: The parole hearing process has significant implications for a substantial share of the state prison population. 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. He was a special agent in charge at the Office of Correctional Safety from 2007 to 2013 and senior special agent there from 2003 to 2007. He wounded five others during the shooting at the Ambassador Hotel in Los Angeles. (The remaining portion are generally released automatically from state prison onto supervision in the community.) Attn: Pre-Hearing Correspondence Re: Brandon Fernandez CDCR #V71808 Daniel People Previously Sentenced as Minors to LWOP. Specifically, a person who is convicted of a felony and who previously has been convicted of one or more specific felonies classified as violent or serious is currently sentenced as follows: As of September 2022, there were about 21,900 second strikers and 5,700 third strikers in state prison. Following is a sample parole opposition letter for copy/paste/signature purposes. If Not Released, When Should Candidates Next Hearing Occur? Her father remembers Placer County Sheriff's detectives, accompanied by a chaplain, arriving at the family's Christian Valley home at 11 p.m. that evening to deliver the news that no parent should ever have to hear. 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 As mentioned above, a report by UnCommon Law on the implementation of its pilot program is forthcoming. Dobbs was a Deputy Commissioner and Administrative Law Judge at the Board of Parole Hearings in 2017. If a judge granted you a Certificate of Rehabilitation before January 2019. you did not receive notice of a pardon grant, your application is deemed closed. This is notable given that CDCR data indicate almost threefourths of people who receive parole hearings are Hispanic or Black, as shown in Figure2. 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. 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. 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. Catherine Purcell, 65, of Vallejo, has been appointed to the Board of Parole Hearings. In other words, even if most information suggests that a candidate is not dangerous, as long as one piece of information provides some evidence of possible of dangerousness, commissioners have the discretion to deny release. 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. 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. David B. Psychologists have identified various common, systematic errors in thinking that tend to arise when people are processing and interpreting information in the world around them. Public File for KMAX-TV / Good Day Sacramento. Mr. First,people with determinate sentences who were under the age of 26 when they committed their crime are generally eligible to begin receiving youth offender parole hearings after serving15yearsinprison. Meetings are generally held the third Tuesday of the month. As discussed earlier in this report, sentencing frameworks are often characterized as either determinate or indeterminate. All completed CRAs are reviewed by senior BPH psychologists. For example, as previously mentioned, all CRAs must be reviewed by a senior psychologist, which, in turn, likely promotes consistency in the assessment of a candidates risk of violence. He served as a senior airman in the U.S. Air Force from 1982 to 1985. 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. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. 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 The 202021 survey that raised concerns about stateappointed attorney effectiveness concluded after BPH began implementing the changes intended to improve service. He earned a Juris Doctor degree from the University of California, Davis School of Law. Ratliff, K. A., & Smith, C. T. Lessons from two decades of Project Implicit. In Krosnick, J. Hearing Schedules & The person in prison will be Recent California laws also required the parole panel to consider that Sirhan committed the offense at a young age - 24 - and that he is now an older prisoner. Gavin Newsom's mind because of his "affinity for R.F. While these practices likely promote quality and consistency in parole decisionmaking, as well as seek to limit the potential for bias, we find that the current process does not adequately provide safeguards on the use of discretion. The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsoms denial. In addition, about half of the boards in other jurisdictions reported using some kind of decisionmaking tool like the Board of Parole Hearings Structured DecisionMaking Framework. Specifically, overly broad discretion afforded to key actors could allow biases to influence the outcomes of hearings. About four to five months before their hearing, BPH appoints an attorney for candidates who do not hire a private attorney or receive free services from a private attorney. 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. Case Details Parties Plaintiffs The People Of The State Of California Nwajei was Staff Attorney at Baron & Budd from 2018 to 2020 and has served as Judge Pro Tem in the Los Angeles Superior Court since 2019. Similarly, it could mean that parole candidates who are unconsciously associated with positive attributes are being released from prison at a higher rate than justified by their assessed level ofrisk. WebThe Governors Office can only accept these notices by email (pardons@gov.ca.gov) or mail (Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite Aspects of Parole Hearing Process CouldLead to Inequitable Outcomes, Recommendations to Promote EquityintheParole Hearing Process. GovernorNewsom Announces Appointments 2.28.23, Governor Newsom Marks End of Californias COVID-19 State of Emergency, Governor Newsom, Attorney General Bonta and CPPA File Letter Opposing Federal Privacy Preemption, GovernorNewsom Announces Appointments 2.24.23, 6 Ways California is Capturing & Storing Water from Storms. Copyright 2023 California Department of Corrections & Rehabilitation, Office of Victim and Survivor Rights and Services (OVSRS), AB 898: Fire Department Notification Registration, Public Comment Videoconference Tips for Success and Troubleshooting, How to Join the Executive Board Meeting through Microsoft Teams. To reverse Newsoms denial there from 2009 to 2012 the process that could lead to inequitable outcomes people... 2012 to 2016 and was deputy Commissioner there from 2009 to 2012 Governor reversed. While Governor Brown reversed about 14percent in2015 he served as a political hero the Los Angeles may not meeting... 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