As shown in Figure1 and described below, there are several key steps in the parole hearing process. 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. Ratliff, K. A., & Smith, C. T. Lessons from two decades of Project Implicit. In Krosnick, J. Setting Conditions The continuing leverage of releasing authorities: Findings from a national survey. (2016). Assignment of Legal Counsel. 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. These tend to include ensuring that candidates procedural rights are protected, objecting to factual errors or legal issues, and making a closing statement during the hearing to argue why candidates are suitable for parole. 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. Efforts to Improve StateAppointed Attorney Services. (While a comparable statistic on private attorneys was not available, we understand it to be a common practice for private attorneys to talk with their clients about the closing statement.). As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. Case law requires that the Governors decision to reverse a grant of parole be based on some evidence that the candidate would pose an unreasonable risk to the public. 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. 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. Hearing Schedule December 2022 Hearing Calendar Below are the Parole Suitability Hearings scheduled from December 1st through December 31st, 2022. She was a Law Clerk and Contract Attorney for appellate defender panel attorneys at the Fourth District Court of Appeal from 1995 to 1996. If you would like Governor Newsom to consider your pardon application, please submit a new. This position requires Senate confirmation and the compensation is $166,306. She also alleges that Newsom misstated the facts in his decision. This includes about 700 people (1percent) sentenced to death; 5,100 (5percent) sentenced to LWOP; 31,000 (32percent) with indeterminate sentences; and 59,000 (62percent) with determinate sentences. Contact the Public Defenders Office in your county of residence for additional information. On the one hand, discretion allows decision makers to interpret information in a more nuanced way than a formulaic approach. However, they can become eligible for parole hearings to potentially be released earlier. Similarly, hearing preparation services that are potentially being provided by other communitybased organizations that have partnered with CDCR have not been evaluated. For example, a BPH commissioner could assess the details of a disciplinary infraction and conclude that the issue should be disregarded as it was due to unique circumstances in prison unrelated to how the candidate would behave if released. This can lead them into fighting to defend themselves from those victimizing them, which can be interpreted and recorded by prison staff as misconduct. Garcia is a Democrat. Specifically, overly broad discretion afforded to key actors could allow biases to influence the outcomes of hearings. Minor was a Retired Annuitant at Richard A. McGee Correctional Training Center from 2013 to 2014. WebLocated 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 and conditions of 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. This can occur in two ways. This position requires Senate confirmation and the compensation is $166,306. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. If the phone line is busy, please leave a message and a staff member will contact you as soon as possible. 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. This position requires Senate confirmation and the compensation is $159,068. 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. 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 program, which is currently being implemented, delivers services through group workshops and individual counseling with the goal of helping participants (1)understand and express how their traumatic experiences contributed to their actions in harming others and (2)develop new thinking patterns and coping skills. 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. Lawrence Nwajei, 60, of Los Angeles, has been appointed to the Board of Parole Hearings, where he has served as Deputy Commissioner and Administrative Law Judge since 2020. A large body of research has found that people tend to unconsciously associate certain groups of people with specific attributes. Assess Impact of Recent Steps to Improve Effectiveness of Legal and Hearing Preparation Services. The Executive Board meetings of the Board of Parole Hearings are open to the public. Potential Bias From Overly Broad Discretion. SACRAMENTO Governor Gavin Newsom today announced the following appointments: Dianne R. Dobbs, 59, of Sacramento, has been reappointed Garland earned a Masterof Education degree in Special Education from the University of Arizona and a Juris Doctor degree from Thomas Jefferson School of Law. On balance, we found that the current process provides overly broad discretion to decision makers. Taira is a Democrat. 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. Ruhland, Ebony, et al. Randolf Grounds, 64, of San Juan Capistrano, has been reappointed to the Board of Parole Hearings, where he has served since 2016. 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. 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. First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. When commissioners find a candidate unsuitable for release, state law requires them to set the date for the candidates next hearing. 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. "By doing this, I ensure that no other person is victimized by my actions again and hopefully make an impact on others to follow.". (Eds.) Cassady earned a Juris Doctor degree from the John F. Kennedy University College of Law. 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. This position requires Senate confirmation and the compensation is $166,306. OMeara was Staff Psychologist for the Conditional Release Program at the Department of Mental Health from 1988 to 1991. While state law requires the sentences described above, courts can, under certain circumstances, choose not to consider prior felonies during sentencingresulting in shorter prison sentences than required under the Three Strikes Law. On the other hand, discretion allows decisions to be influenced by the idiosyncrasies, values, or conscious or unconscious biases of decision makers. 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. Moreover, we find that the current process does not adequately provide safeguards on the use of discretion. While some steps have recently been taken to address this problem, it is unclear whether these steps are sufficient. 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. 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. 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. At each parole hearing, BPH commissioners must decide whether the parole candidate would pose an unreasonable risk of danger if released from prison. 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. 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. 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. California Board of About 2,000 (3percent) of those with determinate sentences are eligible for possible release earlier than otherwise through elderly parole hearings. Ifreleased from prison, these people are supervised in the community by state parole agents. This is referred to as implicit bias. Ruff is a Democrat. It is possible that key actors may be influenced by their institutional context. Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California's pivotal Democratic presidential primary in 1968. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. In addition, the survey data suggest that many stateappointed attorneys might not be providing basic forms of assistance to their clients. Accordingly, such people are eligible for youth offender parole hearings after serving 25 years in prison. (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. 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. Call in number: (916) 701-9994 Phone Conference ID Code: Physical location of meeting: 1515 K Street, Suite 550, Sacramento, California 95814 SPEAKER Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. Second, commissioners can consider factors that are not explicitly included in the SDMF, such as whether and how the candidate expresses remorse about the crime. The purpose of the states parole hearing process is to decide if these people can be releasedbased on a determination of whether they pose an unreasonable risk to the public. 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. 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. 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. Itwould also be important to consider any tradeoffs associated with each option, such as cost and effectiveness. Once a court grants a petition for a Certificate of Rehabilitation, the court is required to send the order to the Governors Office, where it becomes an automatic application for a pardon. Michele R. Minor, 59, of Galt, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2014. 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. Sirhan Sirhan will appear before the board in a hearing at a federal prison in San Diego County His lawyer said she does not expect it to change Governor Gavin To address this concern, we recommend that the Legislature take a twopronged approach by (1)considering limiting the discretion of parole commissioners and (2)creating greater transparency and oversight of how commissioners and other key actors use their discretion. Gavin Newsom's mind because of his "affinity for R.F. 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. For example, candidates with a better chance of release may be more willing to pay for an attorney. 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. Parole hearings are conducted by commissioners who work for the Board of Parole Hearings (BPH). Specifically, BPH does not publish data on hearing outcomes disaggregated by candidate subgroups, such as race or ethnicity. The results of this assessment can then be used to inform potential future legislative action. Mr. Purcell has served as Presiding Judge at the State Bar Court of California since 2014, and as Review Judge there since 2008. 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. This is known as the fundamental attribution error. This position requires Senate confirmation and the compensation is $159,068. He served as a senior airman in the U.S. Air Force from 1982 to 1985. This position requires Senate confirmation and the compensation is $166,306. The Governors Office can only accept these notices by email (. ) 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. Statute specifies that commissioners should have broad backgrounds in criminal justice with varied professional and educational experience in fields such as corrections, sociology, law, law enforcement, health care, or education. 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. She served as a Judge at the Kern County Superior Court, East Kern Division from 2001 to 2008. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding. 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. Message From the Parole Board Chair Welcome to your Colorado Board of Parole web-site. Inaddition, there is no regular external monitoring of the extent to which there are differences in release rates between groups that are likely the result of bias. This is particularly concerning given the lack of certain key safeguards in the process on the use of this discretion. He was a sergeant at San Quentin State Prison from 1994 to 1998, where he was a correctional officer from 1986 to 1994. He wounded five others during the shooting at the Ambassador Hotel in Los Angeles. Placer County will never forget. 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. 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. 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. Stateappointed attorneys are required to provide basic legal services to their clients. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. Second, psychologists have flexibility in how to weigh the various factors in the HCR20V3 to produce a single risk level. This data would help the Legislature, BPH, and stakeholders better monitor the parole decisionmaking process for any potential disparities. 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. In addition, BPH provides commissioners with training on various topics, such as implicit bias. Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. Please DO NOT grant a parole date to convicted murderers, Brandon Fernandez and Daniel Bezemer. We note research on other criminal justice risk assessments that, like the CRA, involve substantial subjectivity has found that administering psychologists tend to assign higher risk scores if they believe they are working for the prosecution as opposed to the defense in a givencase. In preparing this report, we consulted with leaders who oversee the parole hearing process, attorneys who represent people who receive parole hearings, researchers, and other stakeholders. You may but are not required to submit additional information or copies of relevant documents in support of your application, such as letters of support or certificates of achievement. Long is a Republican. 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). Thiscreates the potential for decisions to be arbitrary or biased. 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