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. 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). 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. 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. Depending on their crime and criminal history, people in prison have one of four types of sentences: (1)death, (2)life without the possibility of parole (LWOP), (3)indeterminate, and (4)determinate. 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. Box 4036, Sacramento, CA 95812. This is known as the fundamental attribution error. She served in several other positions at the Department from 1991 to 2015, including Commander and Captain of the Century Regional Detention Facility, Lieutenant, Sergeant and Detective. Grounds is a Republican. In addition, since 1988, the Governor has had constitutional authority to unilaterally reverse grants of parole for people convicted of murder. Kathleen OMeara, 66, of Solano, has been appointed to the Board of Parole Hearings. A., Stark, T. H., & Scott, A. L. Sirhan Sirhan has waived his right to fight deportation to his native Jordan. 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. This data would help the Legislature, BPH, and stakeholders better monitor the parole decisionmaking process for any potential disparities. She was a Law Clerk and Contract Attorney for appellate defender panel attorneys at the Fourth District Court of Appeal from 1995 to 1996. 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. Maria R. Gutierrez, 58, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2019. Specifically, commissioners are required to set the next hearing 3, 5, 7, 10, or 15years in the future based on evidence supporting the amount of additional incarceration needed to protect the safety of the public and the victim. There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon. Sharrieff was a Hearing Officer for the City of Los Angeles Administrative Citation Enforcement Program from 2015 to 2016 and for the City of Los Angeles Metro Transit Authority in 2015. Dobbs was a Deputy Commissioner and Administrative Law Judge at the Board of Parole Hearings in 2017. 3 min read. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. As noted above, since 2019, BPH has instructed commissioners to use the SDMF to guide their decisionmaking process during parole hearings. Aspects of Parole Hearing Process CouldLead to Inequitable Outcomes, Recommendations to Promote EquityintheParole Hearing Process. 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. 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. Scheduling of Hearing. In addition, BPH provides commissioners with training on various topics, such as implicit bias. Taira was a Defense Attorney in the Fresno County Public Defenders Office from 1991 to 1992. About 2,000 (3percent) of those with determinate sentences are eligible for possible release earlier than otherwise through elderly parole hearings. The Cambridge Handbook of Implicit Bias and Racism. There is substantial variability in how discretionary release processeslike Californias parole hearing processare structured and operate. When candidates indicated that situational factors contributed to their behavior, commissioners tended to interpret this as a sign that candidates were making excuses for their behavior and lacking in true remorse, which can lead to a denial of parole. Michael Romano, 47, of San Francisco, has been appointed chair of the Committee on Revision of the Penal Code. 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. Maria Gutierrez, 56, of Los Angeles, has been appointed to the Board of Parole Hearings. 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, ___________________________________________________________________________________________________________. Garland is a Democrat. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. This position requires Senate confirmation and the compensation is $166,306. 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. Statute gives parole candidates the right to an attorney at parole hearings. She earned a Juris Doctor degree from Pepperdine School of Law. He served in various other positions with the California Highway Patrol from 1974 to 1992, including captain, lieutenant, sergeant and patrol officer. Michele R. Minor, 59, of Galt, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2014. 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. This includes the BPH psychologists who assign a single CRA risk level to each candidatelow, moderate, or high violence risk. Gutierrez is registered without party preference. Julie Garland, 58, of San Diego, has been appointed to the Board of Parole Hearings. 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. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. 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. As noted above, this classification is largely based on the results of the HCR20V3 and any other information that they find to be relevant and reliable. Cassady earned a Juris Doctor degree from the John F. Kennedy University College of Law. 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. He served as a correctional counselor at the California Correctional Institution from 1991 to 1996 and a deputy probation officer at the El Dorado County Probation Department from 1988 to 1991. While in state prison, certain people become eligible for possible release onto supervision in the community. Currently, in implementing the CRA, BPH psychologists primarily rely on a tool called the Historical Clinical Risk Management20, Version3 (HCR20V3). Mary Thornton, 55, of Fresno, has been appointed to the Board of Parole Hearings. 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. They strangled Justine and buried her in a hole they had dug. He was associate warden at Salinas Valley State Prison from 2007 to 2009. Webfree discussion board response generator; ark fjordur best base locations. About 4,400 (7percent) of those with determinate sentences are eligible for possible release earlier than otherwise through youth offender parole hearings. Dobbs is a Democrat. Most people in prison have determinate sentences. On balance, we found that the current process provides overly broad discretion to decision makers. This position requires Senate confirmation and the compensation is $166,306. , or by mail to Office of the Governor, Attn: If you would like to request forms by mail, please send a letter to. People with the other three types of sentences may be eligible for parole hearings for various reasons, as discussed below. This means that two candidates who are otherwise identical might have different hearing outcomes based on their ability to access a private attorney. Sirhan's younger brother, Munir Sirhan, has said his brother can live with him in Pasadena, California, if he is paroled. First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. Gavin Newsom's mind because of his "affinity for R.F. If the phone line is busy, please leave a message and a staff member will contact you as soon as possible. In some cases, programs are explicitly designed to incorporate hearing preparation services. If the candidate is not released, the commissioners must then decide when the candidates next parole hearing should occur. This could create inequities for a variety of different groups, including parole candidates who are impoverished and those who lack the mental capacity or language skills necessary to secure an attorney free of charge. Contact the Public Defenders Office in your county of residence for additional information. 2023 CBS Broadcasting Inc. All Rights Reserved. She was Adjunct Faculty at the University of Phoenix from 2006 to 2012. Accordingly, such people are eligible for youth offender parole hearings after serving 25 years in prison. As shown in Figure1 and described below, there are several key steps in the parole hearing process. Parole hearings are generally scheduled within six months of the persons parole eligibility date. Commissioners also provide recommendations to candidates on how they can increase their chances of being found suitable for release, such as by following prison rules and participating in certain rehabilitation programs and work assignments. WebCalifornia Board of Parole Hearings is located in Sacramento, CA, United States and is part of the Justice, Public Order, and Safety Activities Industry. A large body of research has found that people tend to unconsciously associate certain groups of people with specific attributes. 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. 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. (Eds.) Garland has been Senior Assistant Attorney General at the Office of the Attorney General since 2006, where she was Supervising Deputy Attorney General from 2003 to 2006 and Deputy Attorney General from 1996 to 2002. Taira served as Administrative Law Judge for the California Public Utilities Commission in 2018 and was a Commissioner for the Board of Parole Hearings from 2016 to 2017. 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. The number of years until a candidates next parole hearing is often referred to as the denial period.. 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. When commissioners find a candidate unsuitable for release, state law requires them to set the date for the candidates next hearing. Risk Assessment by BPH Psychologist. Mr. The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsom's denial. Justine Vanderschoot forever remembered in life and in justice. 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. Specifically, BPH does not publish data on hearing outcomes disaggregated by candidate subgroups, such as race or ethnicity. He was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2015 to 2016. Box 942883 Sacramento, In-person delivery is not accepted. 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. 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. If Not Released, When Should Candidates Next Hearing Occur? Potentially Inequitable Access to Effective Legal and Hearing Preparation Services. She earned a Master of Business Administration and Management degree from Holy Names University and a Juris Doctor degree from the Golden Gate University School of Law. 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. Discretion Afforded to Parole Commissioners. Attn: Pre-Hearing Correspondence Re: Brandon Fernandez CDCR #V71808 Daniel 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. 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. However, they can become eligible for parole hearings to potentially be released earlier. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. 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. For example, while candidates have an opportunity to give a closing statement in hearings, only 27percent of survey respondents reported that their stateappointed attorney had discussed this closing statement with them prior to the hearing. In deciding whether candidates are suitable for release, commissioners are guided in large part by case law. This is because it would mean that two candidates who are otherwise identical might have different hearing outcomes based on their (or their families) ability to either afford a private attorney or access a private attorney free of charge, such as through a nonprofit organization. He earned a Juris Doctor degree from Stanford Law School and a Master of Laws degree from Yale Law School. Second, we find that there is potentially inequitable access to effective legal and hearing preparation services for parole candidates. Board of Parole Hearings P.O. 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 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. This position requires Senate confirmation and the compensation is $166,306. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. Inequitable Access to Private Attorneys. 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. "They found him suitable for release last time and nothing has changed," Berry said. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21 commissioners who are How parole boards judge remorse: Relational legal consciousness and the reproduction of carceral logic. Law & Society Review 56.2 (2022): 237260. As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. In addition, it is considering offering a less intensive version of the programin the form of shorter workshopsat several other prisons. 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. parole hearing . This can lead them into fighting to defend themselves from those victimizing them, which can be interpreted and recorded by prison staff as misconduct. Third, they have discretion in terms of whether and how to incorporate information outside of the HCR20V3 to produce a risk level. 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. 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. Justine was a beautiful and intelligent young woman whose life was taken under the most horrific and cruel circumstances. She was Business Management Consultant at Merchant Overseas Property Group Ltd. from 1991 to 1992. OMeara was Staff Psychologist for the Conditional Release Program at the Department of Mental Health from 1988 to 1991. If you would like Governor Newsom to consider your pardon application, please submit a new. 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. Parole Rehearing One possible decision of the Parole Board at the parole hearing can be to deny parole. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. This is because attorneys received a relatively significant increase in compensation if a case proceeded to the hearingstage. After weeks of searching, Justines body was found in Applegate, California. 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. If you would like Governor Newsom to consider your pardon application, submit a completedReapplication for Clemency Form(1 page) to the Governors Office. Sharrieff is a Democrat. In this report, we (1)provide background on Californias parole hearing process, (2)review the process and identify current aspects of the process that could disadvantage certain groups, and (3)recommend steps to promote equity in the parole hearing process. Click a link below to access Board Meeting Agenda and related documents. 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. Explain extraordinary circumstances that justify restoration of firearm rights. If you would like Governor Newsom to consider your pardon application, please submit a new application. Catherine Purcell, 65, of Vallejo, has been appointed to the Board of Parole Hearings. on any lifer (life top sentence) case at least 90 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. In addition, candidates with stateappointed attorneys were more than twice as likely to waive their right to a parole hearing and four times as likely to stipulate to unsuitability, compared to candidates with private attorneys. Purcell is a Democrat. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. This case was filed in Sacramento County Superior Courts with James P. Arguelles presiding. He served as warden at Salinas Valley State Prison from 2012 to 2014. Third, commissioners retain full discretion in how to weight the various factors that they choose to consider to produce a decision on whether to grant release. "He's continued to show great behavior.". Similarly, hearing preparation services that are potentially being provided by other communitybased organizations that have partnered with CDCR have not been evaluated. 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. The board also indicated that the attorney pay structure was problematic as it discouraged stipulations and waivers of parole hearings even if they were in a candidates best interest. Gutierrez is registered without party preference. Case Details Parties Plaintiffs The People Of The State Of California However, even with the implementation of the SDMF, we find that commissioners still retain significant discretion for three key reasons. Nwajei is registered without party preference. Would the Candidate Pose an Unreasonable Risk of Danger if Released? Please DO NOT grant a parole date to convicted murderers, Brandon Fernandez and Daniel Bezemer. 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 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). Sirhan originally was sentenced to death, but the sentence was commuted to life when the California Supreme Court briefly outlawed capital punishment in 1972. To the extent the Legislature finds further improvements are needed, we provide variousoptions. Parole Suitability Hearings; Youth Offender Parole Hearings; Elderly Parole Hearings; Medical Parole Hearings; Hearing Information. 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