About 200 (4percent) of those sentenced to LWOP are receiving or expected to receive youth offender parole hearings because they committed their crime before the age of 18. In our review, we identified two primary aspects of the current process that could lead to inequitable outcomes. 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. It was the first time Sirhan's voice had been heard publicly since a televised parole hearing in 2011, before California barred audio or visual recordings of such proceedings. Dobbs was an Attorney and Sole Practitioner at the Law Office of Dianne R. Dobbs from 2006 to 2007 and an Attorney for Sacramento Child Advocates Inc. from 2003 to 2005. Anderson earned a Master of Public Administration degree from the University of San Francisco. Candidates With State Appointed Attorneys Have Worse Outcomes. Hearing Schedule December 2022 Hearing Calendar Below are the Parole Suitability Hearings scheduled from December 1st through December 31st, 2022. Most people in prison have determinate sentences. That their daughter was never coming home. He served as a Commissioned Officer and Staff Attorney for the U.S. Coast Guard from 1992 to 2009. As previously mentioned, parole hearings are typically conducted by two commissioners (one appointed commissioner and one deputy commissioner). 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. About 4,400 (7percent) of those with determinate sentences are eligible for possible release earlier than otherwise through youth offender parole hearings. California Board of 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. Sharrieff was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2017 to 2018. Garland was an Administrator at The Welsh School from 1990 to 1991. 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. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. Hearing Schedules & 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. Click a link below to access Board Meeting Agenda and related documents. Potentially Inequitable Access to Effective Legal and Hearing Preparation Services. 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 position requires Senate confirmation and the compensation is $159,068. Tothe extent that stateappointed attorneys provide less effective legal and/or fewer hearing preparation services to candidates, it raises an equity concern. 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. 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. Please enter valid email address to continue. 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. He was denied parole 15 times until 2021, when the board recommended his release. 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. Grounds held several positions at the Correctional Training Facility, Soledad from 2009 to 2012, including warden and acting warden. But that night, Daniel Bezemer and his friend, Brandon Fernandez, had a plan to murder Justine and bury her body in the woods. If you would like Governor Newsom to consider your pardon application, please submit a new. In other words, they can choose to essentially delay their parole hearing. 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. Long is a Republican. WebAIR RESOURCES BOARD ALCOHOL AND DRUG PROGRAMS, DEPARTMENT OF (see: Health Care Services, Department of) ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD (see: General Services, Department of) ARTS COUNCIL, CALIFORNIA (see: General Services, Department of) AUDITOR'S OFFICE, 2023 The Associated Press. However, CDCR does not collect information about the extent to which hearing preparation services are currently being provided through other existing programs. This position does not require Senate confirmation and thecompensation is $100 per diem. 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. Specifically, only about 8percent of survey respondents confirmed that their stateappointed attorney had met all of the minimum expectations outlined in BPH policies, such as meeting with the candidate at least once for 1 to 2 hours within 30 days of being appointed. 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. Ruff is a Democrat. Taira was a Defense Attorney in the Fresno County Public Defenders Office from 1991 to 1992. As discussed above, some amount of discretion in the parole hearing process is valuable as it allows decision makers flexibility to accommodate individual circumstances and to interpret nuanced information in ways that preset rules or formula cannot. While differences in parole hearing processes can be caused by various factors, one significant factor is the variation in sentencing frameworks across jurisdictions. The results of this assessment can then be used to inform potential future legislative action. Of those who were denied parole, candidates with stateappointed attorneys received denial periods that were six months (15percent) longer on average than candidates with private attorneys. If the candidate is not released, the commissioners must then decide when the candidates next parole hearing should occur. 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. She was a Law Clerk and Contract Attorney for appellate defender panel attorneys at the Fourth District Court of Appeal from 1995 to 1996. The wide discretion afforded to key actors in the parole hearing process creates the potential for cognitive biases to affect their decisions. 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. 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. On the one hand, discretion allows decision makers to interpret information in a more nuanced way than a formulaic approach. Ratliff, K. A., & Smith, C. T. Lessons from two decades of Project Implicit. In Krosnick, J. parole hearing . 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. A., Stark, T. H., & Scott, A. L. She was Staff Psychologist at the Department of Mental Health from 1985 to 1988. Peoplewith indeterminate sentencestypically given for severe crimes such as murderhave a prison term that includes a minimum number of years but no specific maximum, such as 30yearstolife. They can only be released from prison if found suitable for release through a parole hearing. In addition, BPH provides commissioners with training on various topics, such as implicit bias. Zarrinnam served as a Commissioner at the Board of Parole Hearings from 2012 to 2016 and was Deputy Commissioner there from 2009 to 2012. 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. Psychologists have also found that in assessing the reasons behind others behavior, people tend to overemphasize dispositional, or personalitybased, explanations while underemphasizing situational explanations. 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. 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. This tool guides psychologists in evaluating various factorssuch as substance use or violent attitudesthat research has found are associated with risk of violence. 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. She was Program Director and Department Chair at Magdalena Ecke Family YMCA from 1987 to 1990. WebFrom Business: Located in Sacramento, the Board of Prison Terms, also known as BPT, is a state unit that is a part of the Board of Parole Hearings, which establishes the terms 3. She served as a deputy district attorney at the Kings County District Attorneys Office from 2013 to 2015. He earned a Juris Doctor degree from Pepperdine School of Law. We also find that the Governor has significant discretion in being able to unilaterally overturn commissioners decisions for candidates convicted of murder. In addition, while there have been a few limited studies done at the discretion of external researchers, 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 in the parole hearing process. Deadly toxins: A national empirical study of racial bias and future dangerousness determinations. Georgia Law Review 56 (2021):225. The Board of Parole Hearings investigates pardon applications for the Governors Office. As shown in Figure1 and described below, there are several key steps in the parole hearing process. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. This allows BPH psychologists to exercise substantial discretion in three primary ways. Below, we discuss certain types of bias that could be affecting decisions made in the parole hearing process given the overly broad discretion currentlyprovided. Thiscreates the potential for decisions to be arbitrary or biased. Michele R. Minor, 59, of Galt, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2014. 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. 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. WebParole Hearings for Life Inmates En Banc and Rescission Hearings for Life Inmates Appeals of Parole Denials State and Federal Appeals of Criminal Convictions Civil rights, visiting issues, and custody issues Appeals of Rules Violations Clemency and pardon applications before the Governor Sentencing modifications Specifically, BPH does not publish data on hearing outcomes disaggregated by candidate subgroups, such as race or ethnicity. She said that will be the main point she and Sirhan will make to the board, again. Finally, we reviewed various research studies on parole in California and other states and observed parole hearings. 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. Minor was Program Administrator at the Stockton Training Center from 2005 to 2009. Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. The hearing concludes when the commissioners issue their decision regarding the candidates suitability for release. If Not Released, When Should Candidates Next Hearing Occur? 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. 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. 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. If they are released from prison, people with indeterminate sentences are supervised in the community by state parole agents. Kathleen OMeara, 66, of Solano, has been appointed to the Board of Parole Hearings. 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). The applicant does not need to take any further action unless contacted by the Governors Office or the Board of Parole Hearings. People can be sentenced to LWOP for certain severe crimes, such as murder involving torture. While it is possible that some of the above steps may have improved the services provided by stateappointed attorneys, it is unclear at this time whether they are sufficient. The People Of The State Of California , filed a (n) Civil - Unlimited case against Board Of Parole Hearings , in the jurisdiction of Sacramento County. 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. Dobbs was a Contract Attorney for Meyers Nave from 2001 to 2002. On the other hand, discretion allows decisions to be influenced by the idiosyncrasies, values, or conscious or unconscious biases of decision makers. Purcell was a Judicial Attorney Clerk for the Honorable Malcolm M. Lucas at the California Supreme Court from 1985 to 1986 and a Registered Nurse for the Los Angeles County Mens Central Jail from 1981 to 1982. 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. According to BPH, this was primarily because attorney pay had not kept up with the increasing amount of work that attorneys must do on each caselargely due to more requirements related to documenting a candidates disability accommodation needs. Excel Sharrieff, 51, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. Aspects of Parole Hearing Process CouldLead to Inequitable Outcomes, Recommendations to Promote EquityintheParole Hearing Process. Levinson, Justin D., G. Ben Cohen, and Koichi Hioki. Statute gives parole candidates the right to an attorney at parole hearings. 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. This level of discretion could result in biased decisions in various ways. A lawyer representing those members of the family is expected to present their arguments at the hearing in opposition to his release. 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. 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. 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. WRITTEN COMMENTS:If you would like to submit a written statement prior to the board meeting, statements may be addressed to the Board of Parole Hearings, Attn: Executive Board Meeting,P.O. 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. For example, the Legislature could increase the standard that must be metwhich is currently established through case law as some evidenceto a preponderance of evidence or clear and convincing evidence that a candidate poses a current risk. All completed CRAs are reviewed by senior BPH psychologists. In deciding whether candidates are suitable for release, commissioners are guided in large part by case law. Please email letters to: [emailprotected] or mail to: Board of Parole HearingsP.O. Processes in Other Jurisdictions Can Differ. 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. 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. Potential Institutional Biases of Key Actors. Message From the Parole Board Chair Welcome to your Colorado Board of Parole web-site. 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. As noted above, since 2019, BPH has instructed commissioners to use the SDMF to guide their decisionmaking process during parole hearings. 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. 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. It is extremely important for you to attend the parole hearing in person. 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. There is substantial variability in how discretionary release processeslike Californias parole hearing processare structured and operate. Case Details Parties Plaintiffs The People Of The State Of California We recommend that the Legislature consider changing statute to reduce this discretion somewhat, such as by increasing the standard that commissioners must meet to deny parole. Kennedy," who Newsom has cited as a political hero. Decisionsare later reviewed by BPHs chief counsel for errors of law or fact. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21 commissioners who are Sirhan's younger brother, Munir Sirhan, has said his brother can live with him in Pasadena, California, if he is paroled. Get browser notifications for breaking news, live events, and exclusive reporting. (We provide information in the box below on how parole processes vary across other states and the federalgovernment.). 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. "They found him suitable for release last time and nothing has changed," Berry said. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. Please first try troubleshooting your issues by referencing the Public Comment Videoconference Tips for Success and Troubleshooting document below. Even if the board rules that Sirhan is suitable for release a second time, his lawyer, Angela Berry, said she doesn't expect it to change Gov. WebCalifornia Board of Parole Hearings is located in Sacramento, CA, United States and is part of the Justice, Public Order, and Safety Activities Industry. Catherine Purcell, 65, of Vallejo, has been appointed to the Board of Parole Hearings. 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