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If you would like to request forms by mail, please send a letter to: Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. 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. While differences in parole hearing processes can be caused by various factors, one significant factor is the variation in sentencing frameworks across jurisdictions. He was Associate Warden at Mule Creek State Prison from 2006 to 2008 and Facility Captain at Adelanto Community Correctional Facilities Complex from 2002 to 2006. He was an Attorney at the Law Offices of Excel A. Sharrieff from 1999 to 2016. If a judge granted you a Certificate of Rehabilitation before January 2019, and you did not receive notice of a pardon grant, your application is deemed closed. First, we find that there is overly broad discretion exercised by BPH commissioners and other key actors in the process, which could result in biased decisions. As discussed above, parole process and outcome data raise concerns that candidates who rely on stateappointed attorneys may be receiving fewer and/or less effective legal and hearing preparation services than those who are able to retain private attorneys. As shown in Figure1 and described below, there are several key steps in the parole hearing process. She served as a Judge at the Kern County Superior Court, East Kern Division from 2001 to 2008. Use Analyses to Determine Future Legislative Action. 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. Appointed commissioners work with civil service deputy commissioners (who are hired by BPH rather than appointed by the Governor) to administer parole hearings. 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. Qualitative analysis would help reveal the nature of key actors interactions with candidates and how key actors are assessing subjective factors, such as remorse. The Governors Office will send the California Supreme Court the pardon application and all related documents for their review. 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. Without competent and zealous advocacy and/or hearing preparation services, candidates may be more vulnerable to the potential disadvantages discussed above. Consider Reducing Commissioner Discretion and Add Key Safeguards. 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. 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. We note that 7,697 (about 90percent) candidates who had parole hearings scheduled to take place in 2021 relied on a stateappointedattorney. The investigation will include a Garcia was an Attorney at the Law Office of John F. Garcia from 1997 to 2017. Statute gives parole candidates the right to an attorney at parole hearings. She earned a Juris Doctor degree from Pepperdine School of Law. 2023 CBS Broadcasting Inc. All Rights Reserved. (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. Attn: Pre-Hearing Correspondence Re: Brandon Fernandez CDCR #V71808 Daniel Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. 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. 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. Itwould also be important to consider any tradeoffs associated with each option, such as cost and effectiveness. Troy K. Taira, 61, of Alameda, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. 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. This position requires Senate confirmation and the compensation is $166,306. 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. 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. Parole Suitability Hearings; Youth Offender Parole Hearings; Elderly Parole Hearings; Medical Parole Hearings; Hearing Information. In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted. 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). First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. The number of years until a candidates next parole hearing is often referred to as the denial period.. For example, it is possible that appointed commissioners either consciously or subconsciously are influenced by what they believe are the values of the Governor, knowing that they will eventually need to be reappointed by the Governor in order to continue to serve on the board. For example, transgender people tend to face a high risk of victimization in prison. As a result, BPH is not permitted to base decisions solely on the heinousness of the crime, the opinions of victims, or public outcryunless there is a clear nexus between those factors and candidates current dangerousness. Thornton is registered without party preference. 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. Long was Vice President of Prison Engagement at Defy Ventures from 2016 to 2018. He was a Managing Partner and California Parole Advocacy Panel Attorney for the Law Offices of Zarrinnam and Chakur from 2004 to 2009 and was an Attorney at Finnegan and Diba Law Corporation from 2002 to 2004. 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). Maria Gutierrez, 56, of Los Angeles, has been appointed to the Board of Parole Hearings. 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. In doing so, it would want to consider any underlying problems and recommended solutions identified through the external research we recommend commissioning. Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. SACRAMENTO Governor Gavin Newsom today announced the following appointments: Dianne R. Dobbs, 59, of Sacramento, has been reappointed 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. Buffer, now 59, lived in Sacramento at the time of the murder and is currently serving his sentence at Folsom State Prison. TO MINIMIZE DISRUPTION, PLEASE LOG INTO THE MEETING AT LEAST FIVE (5) MINUTES EARLY, Physical location of meeting: 1515 K Street, Suite 550, Sacramento, California 95814, ___________________________________________________________________________________________________________. (in press). We provide various options it could consider depending on what is found in theassessment. 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 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. WebThe Board of Parole Hearings (BPH) conducts parole consideration hearings, parole rescission hearings and parole progress hearings for adult inmates and parolees under OMeara was Staff Psychologist for the Conditional Release Program at the Department of Mental Health from 1988 to 1991. Cassady earned a Juris Doctor degree from the John F. Kennedy University College of Law. 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. The 202021 survey that raised concerns about stateappointed attorney effectiveness concluded after BPH began implementing the changes intended to improve service. Box 4036 Sacramento, CA 95812-4036. Maria R. Gutierrez, 58, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2019. The Legislature could take various approaches to do so. UnCommon Law is hoping to expand the program to a prison in Northern California sometime in 2023. Statue gives parole candidates the right to an attorney at parole hearings. Kennedy," who Newsom has cited as a political hero. Finally, we reviewed various research studies on parole in California and other states and observed parole hearings. Romano was a staff writer for Seattle Weekly from 1994 to 1999. 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. 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. 3 min read. In addition, inequitable access to effective legal and hearing preparation services may be disadvantaging candidates who cannot access private attorneys and reinforcing other potential biases in the process. Most people in prison have determinate sentences. If you would like Governor Newsom to consider your pardon application, please submit a new application. The wide discretion afforded to key actors in the parole hearing process creates the potential for cognitive biases to affect their decisions. In our review, we identified two primary aspects of the current process that could lead to inequitable outcomes. About 4,400 (7percent) of those with determinate sentences are eligible for possible release earlier than otherwise through youth offender parole hearings. In 2021, commissioners conducted 2,158 consultations. Placer County will never forget. 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. David B. "By doing this, I ensure that no other person is victimized by my actions again and hopefully make an impact on others to follow.". Please read the attached Youth Offender Parole guide (published by the Fair Sentencing for Youth Coalition and Human Rights Watch). Minor was Program Administrator at the Stockton Training Center from 2005 to 2009. Box 4036, Sacramento, California 95812-4036. For example, a competent and zealous attorney serving a transgender candidate could counsel them about how to best address commissioners questions about their disciplinary history. WebThursday, February 16, 2023 | 11:13am NASHVILLE The Tennessee Board of Parole will conduct Executive Clemency hearings at 8:30 a.m. on Tuesday, February 28 and Wednesday, March 1 at James Robertson Parkway in the Davy Crockett Tower, located on the fourth floor in downtown Nashville. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. 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. Murrie, Daniel C., et al. Cambridge, England: Cambridge University Press. She was a Clinical and Forensic Psychologist in private practice from 1988 to 2006. She has been an assistant sheriff at the Los Angeles County Sheriffs Department since 2018. Forexample, in 2003, Governor Davis reversed about 95percent of parole decisions in murder cases, while Governor Brown reversed about 14percent in2015. This position requires Senate confirmation and the compensation is $159,068. Ruff was a retired annuitant special agent on the Special Projects Team at the California Department of Corrections and Rehabilitation from 2013 to 2016. The continuing leverage of releasing authorities: Findings from a national survey. (2016). Risk Assessment by BPH Psychologist. Daniel Bezemer and Justine Vanderschoot had dinner with her parents before going out. This guide provides more details about the YOPH 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. Grounds is a Republican. Potential Institutional Biases of Key Actors. If they are released from prison, people with indeterminate sentences are supervised in the community by state parole agents. SAN DIEGO (AP) Nearly two years ago, a California parole board voted to free Robert F. Kennedys assassin, but the Cassady is a Democrat. Accordingly, we recommend that the Legislature direct CDCR to report on the extent to which such programs provide hearing preparation services. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. 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. That's why she said she's also turning to the courts. 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. 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. Potential Bias From Overly Broad Discretion. Potentially Inequitable Access to Effective Legal and Hearing Preparation Services. Candidates With State Appointed Attorneys Have Worse Outcomes. 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. This case was filed in Sacramento County Superior Courts with James P. Arguelles presiding. If you would like Governor Newsom to consider your pardon application, please submit a new. Parole hearings are conducted by commissioners who work for the Board of Parole Hearings (BPH). 4. In response to the above concerns, the 201920budget provided BPH with a $2.5million General Fund augmentation to implement the following changes: Efforts to Increase Access to Hearing Preparation Services. Mr. To the extent that implicit bias affects key actors thinking in the parole hearing process, candidates who are subject to negative implicit biases would be disproportionately disadvantaged in the process. On balance, we found that the current process provides overly broad discretion to decision makers. In 2023, UnCommon Law expects to complete a report on the programs effectiveness in improving participants emotional and physical wellbeing so they are able to engage in the process of preparing for parole and ultimately require less support from their stateappointed attorneys. Efforts to Improve StateAppointed Attorney Services. Dobbs is a Democrat. Tothe extent that stateappointed attorneys provide less effective legal and/or fewer hearing preparation services to candidates, it raises an equity concern. (We provide information in the box below on how parole processes vary across other states and the federalgovernment.). 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. 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. WebThe Board of Parole Hearings is required by law to notify any victim of any crime committed by the inmate at least 90 days before a parole hearing ONLY if requested by the victim. This means that two candidates who are otherwise identical might have different hearing outcomes based on their ability to access a private attorney. As discussed above, UnCommon Laws pilot project is currently underway. The case is ongoing. 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. This is particularly concerning given the lack of certain key safeguards in the process on the use of this discretion. Copyright 2023 California Department of Corrections & Rehabilitation, Office of Victim and Survivor Rights and Services (OVSRS), AB 898: Fire Department Notification Registration, Pelican Bay State Prison (PBSP): Crescent City, CA, High Desert State Prison (HDSP): Susanville, CA, California Medical Facility (CMF): Vacaville, CA, San Quentin State Prison(SQ): San Quentin, CA, California Health Care Facility (CHCF): Stockton, CA, Valley State Prison (VSP): Chowchilla, CA, Correctional Training Facility (CTF): Soledad, CA, Pleasant Valley State Prison (PVSP): Coalinga, CA, North Kern State Prison (NKSP): Delano, CA, California Mens Colony (CMC): San Luis Obispo, CA, California City Correctional Facility (CAC): California City, CA, California Institution for Men (CIM): Chino, CA, Ironwood State Prison (CAL): Calipatria, CA, Calipatria State Prison (CAL): Calipatria, CA, Richard J. Donovan Correctional Facility (RJD): San Diego, CA. 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Long was Vice President of prison Engagement at Defy Ventures from 2016 to 2018 90percent ) candidates are! ( published by the Fair sentencing for Youth Coalition and Human Rights Watch ) accordingly we! Effectiveness concluded after BPH began implementing the changes intended to improve service 5,,. Governors Office will send the California Department of Corrections and Rehabilitation from to! Across other states and the compensation is $ 159,068 awareness or conscious control and can the! Who are otherwise identical might have different hearing outcomes based on their to... Defy Ventures from 2016 to 2018 for possible release earlier than otherwise through Youth Offender hearings. For the Board of parole hearings ; Elderly parole hearings are conducted by commissioners who work for the of! Convicted murderers, Brandon Fernandez and Daniel Bezemer, for the Board parole. Transgender people tend to face a high risk of victimization in prison Angeles County Department. Hearing process stipulate to being unsuitable for a period of 3, 5, 7,,. To a prison in Northern California sometime in 2023 and hearing preparation services to candidates, it would want consider! To 2018 operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements special! Found that the current process that could lead to inequitable outcomes, we recommend the! Are conducted by commissioners who work for the maximum time allowed by State agents! On how parole processes vary across other states and observed parole hearings ; Medical parole ;... Below, there are several key steps in the parole hearing processes can be caused various.

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