If the Legislature chooses to make this change only for lowrisk candidates, we also recommend requiring BPH to report on the numbers of parole candidates assessed as low, moderate, and high risk before and after the change. She was a Clinical and Forensic Psychologist in private practice from 1988 to 2006. SACRAMENTO Governor Gavin Newsom today announcedthe following appointments: Dianne R. Dobbs, 59, of Sacramento, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2017. She said that will be the main point she and Sirhan will make to the board, again. "To transform this weight into something positive, I have dedicated my life to self-improvement, the mentoring of others in prison on how to live a peaceful life that revolves around nonviolence," he said. Call in number: (916) 701-9994 Phone Conference ID Code: Physical location of meeting: 1515 K Street, Suite 550, Sacramento, California 95814 SPEAKER Second, people with determinate sentences who are age 50 or over and have served at least 20 years in prison can generally become eligible to begin receiving elderly parole hearings. 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. Parole Suitability Hearings; Youth Offender Parole Hearings; Elderly Parole Hearings; Medical Parole Hearings; Hearing Information. 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. 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. Potentially Inequitable Access to Effective Legal and Hearing Preparation Services. Taira was Special Assistant to the Inspector General in the Office of the Inspector General from 2013 to 2015 and served as an Administrative Law Judge in the Office of Administrative Hearings from 2012 to 2013. Accordingly, the number and types of crimes subject to indeterminate sentencing in each jurisdiction are primary factors in determining the number of people who need a parole hearing to be released. WebThe Board of Parole Hearings, a division of the California Department of Corrections and Rehabilitation, investigates commutation applications. 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). 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. 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. 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. 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. Dobbs was a Contract Attorney for Meyers Nave from 2001 to 2002. OMeara earned a Masterof Arts degree inPsychology from St. Marys College and aDoctor ofPhilosophy in Psychologydegree from the California School of Professional Psychology. 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. How parole boards judge remorse: Relational legal consciousness and the reproduction of carceral logic. Law & Society Review 56.2 (2022): 237260. She is challenging the governor's reversal as an "abuse of discretion," a denial of Sirhan's constitutional right to due process and as a violation of California law. WebThe Board of Parole panel, generally comprised of 2 or 3 members, reviews the incarcerated individual's file, letters in support of or opposition to release, and recommendations from district attorneys, sentencing courts, and defense attorneys to determine release. 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. To mitigate these issues, we recommend that the Legislature consider limiting discretion and improve transparency and oversight of the process. 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. Cassady has served in several positions at the Board of Parole Hearings since 1995, including as deputy commissioner from 1995 to 2005 and again from 2013 to 2016, associate chief deputy commissioner from 2005 to 2008 and again from 2010 to 2013, and chief deputy commissioner from2008 to 2010. Anderson is registered without party preference. Finally, even if some of these programs are effective in delivering hearing preparation services, it is unclear whether they have enough capacity to serve all of the parole candidates that need them. We recommend that the Legislature adopt legislation requiring BPH to release public data on CRA, parole hearing, and Governor review outcomes by subgroups, such as race and ethnicity. 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. 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. Romano was a staff writer for Seattle Weekly from 1994 to 1999. Webmanner, you should contact: Board of Parole Hearings, P.O. Reinforcement of Other Biases in the Process. This may have improved consistency of decisionmaking and narrowed commissioner discretion somewhat, though the SDMF has not been formally evaluated. SACRAMENTO Governor Gavin Newsom today announcedthe following appointments: Arthur Anderson, 71, of Roseville, has been reappointed to the Board of Parole Hearings, where he has served since 2008. To assist commissioners in this decision, BPH regulations outline factors that tend to show suitability for release (such as signs of remorse) and factors that tend to show unreasonable risk to the public (such as inprison misconduct). Psychologists have also found that in assessing the reasons behind others behavior, people tend to overemphasize dispositional, or personalitybased, explanations while underemphasizing situational explanations. Troy K. Taira, 61, of Alameda, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. She was an attorney in the Law Offices of Patricia A. Cassady from 1988 to 1995. Long, 56, of Tehachapi, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. About six months prior to when a candidate is expected to receive a hearing, BPH staff schedule the hearing for a particular week. California law requires Certificate of Rehabilitation applicants to provide notice to the Governors Office when they file a petition for Certificate of Rehabilitation. Zarrinnam served as a Commissioner at the Board of Parole Hearings from 2012 to 2016 and was Deputy Commissioner there from 2009 to 2012. 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. About 4,400 (7percent) of those with determinate sentences are eligible for possible release earlier than otherwise through youth offender parole hearings. In 2021, BPH psychologists completed 4,428 CRAs. This position requires Senate confirmation and the compensation is $159,068. WebThe Board of Parole Hearings (BPH) conducts parole consideration hearings, parole rescission hearings and parole progress hearings for adult inmates and parolees under This position requires Senate confirmation and the compensation is $166,306. Minor was a Youth Correctional Officer at Heman G. Stark Youth Correctional Facility from 1985 to 1991. 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. To assist life term prisoners found suitable and released on Anderson earned a Master of Public Administration degree from the University of San Francisco. 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. Zarrinnam is a Democrat. 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, please submit a new. Garcia earned a Juris Doctor degree from Western State College of Law. Please read the attached Youth Offender Parole guide (published by the Fair Sentencing for Youth Coalition and Human Rights Watch). She held several positions at the Northern California Youth Correctional Center in the Division of Juvenile Justice from 1991 to 2005, including Lieutenant and Sergeant. The speaker card can be found below under Executive Board Meeting Documents. He served in various other positions with the California Highway Patrol from 1974 to 1992, including captain, lieutenant, sergeant and patrol officer. She was a Law Clerk and Contract Attorney for appellate defender panel attorneys at the Fourth District Court of Appeal from 1995 to 1996. While the state has recently taken steps to improve stateappointed attorney effectiveness and candidate access to hearing preparation services, it is currently unclear whether these steps are sufficient due to lack of data and evaluation. 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 position requires Senate confirmation and the compensation is $159,068. Parole suitability hearing results may be found on the CDCR Inmate Locator link below. Please note: hearing times and dates are subject to change. Applicants who are eligible for a Certificate of Rehabilitation are encouraged to use that path to file a pardon application. Taira is a Democrat. In addition, it is considering offering a less intensive version of the programin the form of shorter workshopsat several other prisons. Are forensic experts biased by the side that retained them? Psychological Science 24.10 (2013): 18891897. She was Program Director and Department Chair at Magdalena Ecke Family YMCA from 1987 to 1990. The purpose of the states parole hearing process is to decide if eligible people (referred to as parole candidates) can be released from state prison based on a determination of whether they pose an unreasonable risk to the public. Five years prior to a parole candidates first parole hearing, a commissioner consults oneonone with the candidate to explain the process and legal factors relevant to suitability. This position does not require Senate confirmation and thecompensation is $100 per diem. 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. 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. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. This position requires Senate confirmation and the compensation is $159,068. This position requires Senate confirmation and the compensation is $159,068. Voluntary Waiver of Hearing or Stipulation to Unsuitability. We note that 7,697 (about 90percent) candidates who had parole hearings scheduled to take place in 2021 relied on a stateappointedattorney. Grounds held several positions at the Correctional Training Facility, Soledad from 2009 to 2012, including warden and acting warden. 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. OMeara was Staff Psychologist for the Conditional Release Program at the Department of Mental Health from 1988 to 1991. To the extent commissioners are affected by this bias, this could lead them to deny or grant parole to candidates based on factors they believe are important to the Governor even if they are not based on candidates actual risk of violence. The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsoms denial. These programs engage people in prison through a wide range of modes and topics, including peerled discussion groups and the arts. First published on March 1, 2023 / 6:30 AM. While in state prison, certain people become eligible for possible release onto supervision in the community. Minor is a Democrat. Consider Limiting Discretion of Parole Commissioners. First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. 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 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. 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. In addition, it has implications for public safety and state spending on prisons. The parole board must simply have some evidence that the facts or circumstances are such that even though it at one time believed parole was appropriate, it no longer does. Once placed on parole supervision, a parolee must abide by certain conditions and requirements. The failure to do so will result in a California parole revocation hearing. People with determinate sentences are sentenced to a fixed number of years in prison and are released after serving that time. In addition, private attorneys tend to provide hearing preparation services, such as helping clients prepare relapse prevention plans. 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. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. As discussed earlier in this report, sentencing frameworks are often characterized as either determinate or indeterminate. Box 4036 Sacramento, CA 95812-4036. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. Hearing Schedule December 2022 Hearing Calendar Below are the Parole Suitability Hearings scheduled from December 1st through December 31st, 2022. Sharrieff was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2017 to 2018. 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. ), Potentially Due to Lower Level of Legal and Hearing Preparation Services Received From StateAppointed Attorneys. 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. Please email letters to: [emailprotected] or mail to: Board of Parole HearingsP.O. No later than 45 days before their parole hearing, candidates may choose to waive their right to a hearing for one to five years. Having such data would help the Legislature and stakeholders monitor the parole process and ensure that the discretion provided does not result in different subgroups being treated differently. Ruhland, Ebony, et al. This is known as the fundamental attribution error. But that night, Daniel Bezemer and his friend, Brandon Fernandez, had a plan to murder Justine and bury her body in the woods. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. 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. 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. The applicant does not need to take any further action unless contacted by the Governors Office or the Board of Parole Hearings. In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. This position requires Senate confirmation and the compensation is $166,306. 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. 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. Thisassessment could include evaluating the extent to which BPHs expectations for stateappointed attorneys are consistent with best practices. We further recommend using the results of this assessment to inform whether future legislative action is needed. 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. A lawyer representing those members of the family is expected to present their arguments at the hearing in opposition to his release. 4. 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. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. Romano has been director of the Justice Advocacy Project at Stanford Law School since 2007. The purpose of parole hearings is to decide whether to release certain people (referred to in this report as parole candidates) from state prison. He was an Attorney at the Law Offices of Excel A. Sharrieff from 1999 to 2016. He was a sergeant at San Quentin State Prison from 1994 to 1998, where he was a correctional officer from 1986 to 1994. Finally, we reviewed various research studies on parole in California and other states and observed parole hearings. While the state has implemented recent changes in an effort to address these concerns, the lack of ongoing data on the effectiveness and accessibility of legal and hearing preparation services makes it difficult to assess whether the changes have been effective. 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. Decisionsare later reviewed by BPHs chief counsel for errors of law or fact. Private attorneys also tend to provide hearing preparation services focused on helping their clients demonstrate suitability to the board. As discussed above, in addition to providing basic legal services, private attorneys sometimes provide more extensive services. Available data raise concerns that candidates who rely on stateappointed attorneys have worse hearing outcomes and may be receiving less effective legal and other hearing preparation services relative to candidates who are able to access a private attorney. That's why she said she's also turning to the courts. Garland is a Democrat. 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. Below, we discuss two examples of such cognitive biasesimplicit bias and the fundamental attribution errorand how they could impact the parole hearingprocess. Moreover, we find that the current process does not adequately provide safeguards on the use of discretion. 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. Consistent with this psychological finding, researchers who interviewed a sample of BPH commissioners between 2011 and 2013, found that commissioners tended to attribute candidates crime or subsequent behavior to internal character flaws. In many cases, it determines whether or not people will spend the rest of their lives in prison. Without access to these services, such a candidate could be inequitably denied release due to their history of victimization in prison. He was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2015 to 2016. 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. 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. Processes in Other Jurisdictions Can Differ. For example, they may advise clients on writing letters of remorse to their victims, preparing relapse prevention plans, and gathering letters of support (such as from family members or prospective employers). We further recommend using the results of this assessment to inform whether future legislative action is needed. Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. 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. As previously mentioned, parole hearings are typically conducted by two commissioners (one appointed commissioner and one deputy commissioner). 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. 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. 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. 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. People can be sentenced to LWOP for certain severe crimes, such as murder involving torture. It is possible that key actors may be influenced by their institutional context. "They found him suitable for release last time and nothing has changed," Berry said. 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. : Board of Parole Hearings ; Elderly Parole Hearings, where he was Deputy Commissioner and one Deputy and... Above, in addition, private attorneys also tend to provide hearing Preparation services consistency decisionmaking. Provide safeguards on the use of discretion, of Tehachapi, has been to., certain people become eligible for possible release earlier than otherwise through Youth Offender guide... Of how Commissioners and other states and observed Parole Hearings ; Youth Parole. 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