The speaker card can be found below under Executive Board Meeting Documents. This guide provides more details about the YOPH 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. This is known as the fundamental attribution error. Second, we find that there is potentially inequitable access to effective legal and hearing preparation services for parole candidates. We further recommend using the results of this assessment to inform whether future legislative action is needed. 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. Garland was an Administrator at The Welsh School from 1990 to 1991. Kennedy," who Newsom has cited as a political hero. 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. 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 may have improved consistency of decisionmaking and narrowed commissioner discretion somewhat, though the SDMF has not been formally evaluated. OMeara earned a Masterof Arts degree inPsychology from St. Marys College and aDoctor ofPhilosophy in Psychologydegree from the California School of Professional Psychology. Romano has been director of the Justice Advocacy Project at Stanford Law School since 2007. He was an Attorney at the Law Offices of Excel A. Sharrieff from 1999 to 2016. 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 continue to have issues, contact Tara Doetsch by calling(916) 224-4615oremailingTara.Doetsch@CDCR.CA.GOV. Long was Vice President of Prison Engagement at Defy Ventures from 2016 to 2018. Would the Candidate Pose an Unreasonable Risk of Danger if Released? 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. , or by mail to Office of the Governor, Attn: If you would like to request forms by mail, please send a letter to. 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. You may submit the speaker card any time after the meeting agenda is posted. 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. About 4,400 (7percent) of those with determinate sentences are eligible for possible release earlier than otherwise through youth offender parole hearings. Michael Romano, 47, of San Francisco, has been appointed chair of the Committee on Revision of the Penal Code. Assignment of Legal Counsel. The People Of The State Of California , filed a (n) Civil - Unlimited case against Board Of Parole Hearings , in the jurisdiction of Sacramento County. HELP LINE: The board will set up a help line during the meeting to assist with any Microsoft Teams issues. WebThe Board of Parole Hearings, a division of the California Department of Corrections and Rehabilitation, investigates commutation applications. All Rights Reserved. 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. 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. Setting Conditions 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. Attn: Pre-Hearing Correspondence Re: Brandon Fernandez CDCR #V71808 Daniel Similarly, hearing preparation services that are potentially being provided by other communitybased organizations that have partnered with CDCR have not been evaluated. 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. 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). 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. Ruff was a captain at the Deuel Vocational Institute from 2001 to 2003 and a lieutenant there from 1998 to 2001. However, until the project is completed and evaluated, it is not clear whether the model is effective. 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. He was a special agent in charge at the Office of Correctional Safety from 2007 to 2013 and senior special agent there from 2003 to 2007. "He's continued to show great behavior.". He was a sergeant at San Quentin State Prison from 1994 to 1998, where he was a correctional officer from 1986 to 1994. However, a 202021 survey of parole candidates suggests that stateappointed attorneys may not be meeting the minimum expectations for legal services. Gutierrez is registered without party preference. SACRAMENTO Governor Gavin Newsom today announced the following appointments: Dianne R. Dobbs, 59, of Sacramento, has been reappointed He served as warden at Salinas Valley State Prison from 2012 to 2014. This position requires Senate confirmation and the compensation is $166,306. In many cases, it determines whether or not people will spend the rest of their lives in prison. 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. 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. 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. Voluntary Waiver of Hearing or Stipulation to Unsuitability. Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. This allows BPH psychologists to exercise substantial discretion in three primary ways. 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. 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. 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. Certain People With Determinate Sentences. It is possible that key actors may be influenced by their institutional context. 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 As shown in Figure1 and described below, there are several key steps in the parole hearing process. 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. He served in various other positions with the California Highway Patrol from 1974 to 1992, including captain, lieutenant, sergeant and patrol officer. 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. Accordingly, we recommend that the Legislature direct CDCR to report on the extent to which such programs provide hearing preparation services. 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. Without access to these services, such a candidate could be inequitably denied release due to their history of victimization in prison. If you would like Governor Newsom to consider your pardon application, Completed pardon applications may be submitted electronically to. 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. 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. 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. Risk Assessment by BPH Psychologist. 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. Please enter valid email address to continue. At each parole hearing, BPH commissioners must decide whether the parole candidate would pose an unreasonable risk of danger if released from prison. 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. However, even with the implementation of the SDMF, we find that commissioners still retain significant discretion for three key reasons. (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. 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. Anderson was director of the California Office of Traffic Safety from 1993 to 1999. Sirhan's younger brother, Munir Sirhan, has said his brother can live with him in Pasadena, California, if he is paroled. Potentially Inequitable Access to Effective Legal and Hearing Preparation Services. She has served as deputy commissioner and administrative law judge with the Board of Parole Hearings since 2018. 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. 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. In doing so, it would want to consider any underlying problems and recommended solutions identified through the external research we recommend commissioning. 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. 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. Please email letters to: [emailprotected] or mail to: Board of Parole HearingsP.O. Public comment may also be emailed to BPHEXE.BRDMEETING@cdcr.ca.gov. David B. Are forensic experts biased by the side that retained them? Psychological Science 24.10 (2013): 18891897. Ruff was a retired annuitant special agent on the Special Projects Team at the California Department of Corrections and Rehabilitation from 2013 to 2016. While these practices likely promote quality and consistency in parole decisionmaking, as well as seek to limit the potential for bias, we find that the current process does not adequately provide safeguards on the use of discretion. Consider Reducing Commissioner Discretion and Add Key Safeguards. 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. (Thepercentage of hearings held that resulted in a decision to grant release has remained relatively consistent in recent years.) We also analyzed data on outcomes of state parole hearings. 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. 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. You may also call(916) 322-4752 to register your speaker information. Gavin Newsom's mind because of his "affinity for R.F. When commissioners find a candidate unsuitable for release, state law requires them to set the date for the candidates next hearing. Psychologists have also found that in assessing the reasons behind others behavior, people tend to overemphasize dispositional, or personalitybased, explanations while underemphasizing situational explanations. Discretion Afforded to Other Key Actors. After weeks of searching, Justines body was found in Applegate, California. This data would help the Legislature, BPH, and stakeholders better monitor the parole decisionmaking process for any potential disparities. Parole hearings are generally scheduled within six months of the persons parole eligibility date. 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. In addition, by determining when people are released from prison, parole decisions impact the size of the prison population and, in turn, state correctional costs. In-person delivery is not accepted. 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. The Board of Parole Hearings investigates pardon applications for the Governors Office. 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. Over the past several years, the state has also expanded the availability of programs that generally focus on helping people in prison understand the impact of crime, build empathy, and develop insight into the causes and consequences of their behavior. Click a link below to access Board Meeting Agenda and related documents. Please do not send original documents because application materials cannot be returned; and. 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. Randolf Grounds, 64, of San Juan Capistrano, has been reappointed to the Board of Parole Hearings, where he has served since 2016. Of those who chose to waive their parole hearing, candidates with stateappointed attorneys waived their hearings for an average of three months longer (30percent) than those with private attorneys. If you would like Governor Newsom to consider your pardon application, please submit a new. The continuing leverage of releasing authorities: Findings from a national survey. (2016). In addition, BPH provides commissioners with training on various topics, such as implicit bias. 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. Currently, in implementing the CRA, BPH psychologists primarily rely on a tool called the Historical Clinical Risk Management20, Version3 (HCR20V3). 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. On the one hand, discretion allows decision makers to interpret information in a more nuanced way than a formulaic approach. Parole hearings are conducted by commissioners who work for the Board of Parole Hearings (BPH). Thiscreates the potential for decisions to be arbitrary or biased. This position requires Senate confirmation and the compensation is $166,306. Long is a Republican. Zarrinnam is a Democrat. 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. Appointed commissioners work with civil service deputy commissioners (who are hired by BPH rather than appointed by the Governor) to administer parole hearings. Explain extraordinary circumstances that justify restoration of firearm rights. About six months prior to when a candidate is expected to receive a hearing, BPH staff schedule the hearing for a particular week. Copyright 2023 California Department of Corrections & Rehabilitation, Office of Victim and Survivor Rights and Services (OVSRS), AB 898: Fire Department Notification Registration, Public Comment Videoconference Tips for Success and Troubleshooting, How to Join the Executive Board Meeting through Microsoft Teams. 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. In addition, the survey data suggest that many stateappointed attorneys might not be providing basic forms of assistance to their clients. First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. Garland is a Democrat. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. Box 4036, Sacramento, CA 95812. 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. They strangled Justine and buried her in a hole they had dug. 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. Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California's pivotal Democratic presidential primary in 1968. In other words, they can choose to essentially delay their parole hearing. Stateappointed attorneys are required to provide basic legal services to their clients. Grounds is a Republican. (The remaining portion are generally released automatically from state prison onto supervision in the community.) In addition, the assessment could include surveying and/or interviewing parole candidates about their experience with stateappointed attorneys, auditing stateappointed attorneys to assess whether or not they are meeting minimal requirements (such as attending meetings with their clients), as well as collecting measures of the effectiveness of legal services (such as through observations of attorney performance during parole hearings). Daniel Bezemer and Justine Vanderschoot had dinner with her parents before going out. There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon. The investigation will include a 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. Aspects of Parole Hearing Process CouldLead to Inequitable Outcomes, Recommendations to Promote EquityintheParole Hearing Process. This position requires Senate confirmation and the compensation is $159,068. 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. However, CDCR does not collect information about the extent to which hearing preparation services are currently being provided through other existing programs. Murrie, Daniel C., et al. 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. Ifreleased from prison, these people are supervised in the community by state parole agents. 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 She earned a Master of Arts degree in organizational leadership from Woodbury University. 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. On the other hand, discretion allows decisions to be influenced by the idiosyncrasies, values, or conscious or unconscious biases of decision makers. 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 some steps have recently been taken to address this problem, it is unclear whether these steps are sufficient. She was a Clinical and Forensic Psychologist in private practice from 1988 to 2006. 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, ___________________________________________________________________________________________________________. Gutierrez was chief of the Court Services Division and Hispanic affairs executive at the Los Angeles County Sheriffs Department from 2016 to 2018 and served in several other positions there from 1998 to 2015, including commander and captain of the Century Regional Detention Facility and lieutenant, sergeant and detective. Specifically, 2,146 (25percent) hearings originally scheduled to occur in 2021 were postponed to later in 2021 or 2022. The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsom's denial. Taira is a Democrat. If an analysis of recent efforts to improve attorney effectiveness and access to parole hearing preparation services does not reveal adequate improvements, the Legislature could consider pursuing different options. Garcia is a Democrat. 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. For example, in some cases, private attorneys hire external consultants to provide expert opinions, such as on their clients risk level. How parole boards judge remorse: Relational legal consciousness and the reproduction of carceral logic. Law & Society Review 56.2 (2022): 237260. This level of discretion could result in biased decisions in various ways. Zarrinnam served as a Commissioner at the Board of Parole Hearings from 2012 to 2016 and was Deputy Commissioner there from 2009 to 2012. In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted. 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. Our community will continue to honor Justine and fight to ensure her murderers remain where they belong in prison. mn stimulus check 2022; topless britney spears pictures uncensored. on any lifer (life top sentence) case at least 90 She has been an assistant sheriff at the Los Angeles County Sheriffs Department since 2018. BPH currently maintains some safeguards on the use of discretion. California Board of Accordingly, candidates may see their behavior as a situational response to the failure of the prison system to protect them from violence. This includes the BPH psychologists who assign a single CRA risk level to each candidatelow, moderate, or high violence risk. As discussed earlier in this report, sentencing frameworks are often characterized as either determinate or indeterminate. Berry filed a 53-page writ of habeas corpus asking the judge to rule that Newsom violated state law, which holds that inmates should be paroled unless they pose a current unreasonable public safety risk. This tool guides psychologists in evaluating various factorssuch as substance use or violent attitudesthat research has found are associated with risk of violence.