Please deny parole to convicted murderers, Brandon Fernandez and Daniel Bezemer, for the maximum time allowed by State of California law. 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. If you continue to have issues, contact Tara Doetsch by calling(916) 224-4615oremailingTara.Doetsch@CDCR.CA.GOV. Thisis due to U.S. Supreme Court rulings in 2012 and 2016, which prohibited LWOP sentences for such people and required that those who had previously received them be given a meaningful opportunity for release. If you would like Governor Newsom to consider your pardon application, Completed pardon applications may be submitted electronically to. Potential Institutional Biases of Key Actors. She held several positions at the Northern California Youth Correctional Center in the Division of Juvenile Justice from 1991 to 2005, including Lieutenant and Sergeant. Zarrinnam served as a Commissioner at the Board of Parole Hearings from 2012 to 2016 and was Deputy Commissioner there from 2009 to 2012. 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. This position requires Senate confirmation and the compensation is $159,068. Third, they have discretion in terms of whether and how to incorporate information outside of the HCR20V3 to produce a risk level. 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. Ruff was a retired annuitant special agent on the Special Projects Team at the California Department of Corrections and Rehabilitation from 2013 to 2016. That their daughter was never coming home. 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. (in press). These hearing preparation services can involve guiding clients through a process of introspection with the goal of building insight into the causes of their behavior, understanding the role of trauma in their lives, and taking accountability for their actions. Please do not send original documents because application materials cannot be returned; and. Victims or their representatives, as well as prosecutors from the county that committed the candidate to prison, may choose to attend and speak at the parole hearing. As discussed above, in addition to providing basic legal services, private attorneys sometimes provide more extensive services. 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. 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. 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. In the 2015 survey, 26percent of jurisdictions reported that they had a determinate system, 29percent reported that they had an indeterminate system, and 45percentincluding Californiareported having elements of both. About 2,000 (3percent) of those with determinate sentences are eligible for possible release earlier than otherwise through elderly parole hearings. Finally, we reviewed various research studies on parole in California and other states and observed parole hearings. The hearing concludes when the commissioners issue their decision regarding the candidates suitability for release. 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. We also analyzed data on outcomes of state parole hearings. This allows BPH psychologists to exercise substantial discretion in three primary ways. In 2021, BPH psychologists completed 4,428 CRAs. Hearing Schedule December 2022 Hearing Calendar Below are the Parole Suitability Hearings scheduled from December 1st through December 31st, 2022. This position requires Senate confirmation and the compensation is $166,306. 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. 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. 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. As mentioned above, a report by UnCommon Law on the implementation of its pilot program is forthcoming. Moreover, we find that the current process does not adequately provide safeguards on the use of discretion. In doing so, they are required to complete certain activities, such as reviewing records about their clients and meeting with their clients prior to the hearing. Likewise, candidates who do not point to situational factors (such as a history of trauma, victimization, or mistreatment as a partial cause of their behavior) could be more likely to be found genuinely remorseful by decision makers and released even if they have similar risk levels to people who are not released. We provide various options it could consider depending on what is found in theassessment. 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. 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. Itwould also be important to consider any tradeoffs associated with each option, such as cost and effectiveness. As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. While nearly twothirds of respondents reported allowing candidates attorneys to attend hearings, only about onequarter reported that indigent candidates are provided with attorneys at state expense. Justine Vanderschoot forever remembered in life and in justice. Purcell was Deputy District Attorney for the Kern County District Attorneys Office from 1989 to 2001. For example, it is possible that appointed commissioners either consciously or subconsciously are influenced by what they believe are the values of the Governor, knowing that they will eventually need to be reappointed by the Governor in order to continue to serve on the board. It is possible that key actors may be influenced by their institutional context. 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. 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. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. Garcia is a Democrat. You may also call(916) 322-4752 to register your speaker information. Ratliff, K. A., & Smith, C. T. Lessons from two decades of Project Implicit. In Krosnick, J. All Rights Reserved. Alternatively, candidates may stipulate to unsuitabilityeffectively requesting to be denied parole without a hearing. 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 However, they can become eligible for parole hearings to potentially be released earlier. While some steps have recently been taken to address this problem, it is unclear whether these steps are sufficient. Voluntary Waiver of Hearing or Stipulation to Unsuitability. Scheduling of Hearing. He earned a Juris Doctor degree from the University of California, Davis School of Law. In our review, we identified two primary aspects of the current process that could lead to inequitable outcomes. 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. If you would like Governor Newsom to consider your pardon application, submit a completedReapplication for Clemency Form(1 page) to the Governors Office. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. Specifically, BPH does not publish data on hearing outcomes disaggregated by candidate subgroups, such as race or ethnicity. 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. 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. Public File for KMAX-TV / Good Day Sacramento. This is referred to as implicit bias. As discussed above, UnCommon Laws pilot project is currently underway. He was Warden at California City Correctional Facility from 2014 to 2016 and Warden at Ironwood State Prison from 2011 to 2014. 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. 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. Meetings are generally held the third Tuesday of the month. In many cases, it determines whether or not people will spend the rest of their lives in prison. In some cases, programs are explicitly designed to incorporate hearing preparation services. 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. Justine was a beautiful and intelligent young woman whose life was taken under the most horrific and cruel circumstances. 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. 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. This includes the BPH psychologists who assign a single CRA risk level to each candidatelow, moderate, or high violence risk. If you submitted a direct pardon application to a past Governor and you did not receive notice of a pardon grant, your application is deemed closed. It is extremely important for you to attend the parole hearing in person. The Board of Parole Hearings investigates pardon applications for the Governors Office. 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. Parole suitability hearing results may be found on the CDCR Inmate Locator link below. Please note: hearing times and dates are subject to change. Unclear if Hearing Preparation Services Are Effective or Accessible. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21 commissioners who are 2023 The Associated Press. These associations tend to be based on stereotypesgeneralized beliefs about a particular group of people, which can be acquired through social influences, media, or personal experiences. Potential Bias From Overly Broad Discretion. 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. 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. First, some of the factors included in the SDMFsuch as the amount by which candidates have changed since they committed their crimesare inherently subjective. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. The Governors Office will send the California Supreme Court the pardon application and all related documents for their review. 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. Gutierrez is registered without party preference. She earned a Master of Arts degree in organizational leadership from Woodbury University. 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 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. SACRAMENTO GovernorGavin Newsom today announcedthe following appointments: John Garcia, 66, of Rancho Cucamonga, has been appointed to the Board of Parole Hearings, where he has served as Deputy Commissioner and Administrative Law Judge since 2017. This is particularly concerning given the lack of certain key safeguards in the process on the use of this discretion. This data would help the Legislature, BPH, and stakeholders better monitor the parole decisionmaking process for any potential disparities. All completed CRAs are reviewed by senior BPH psychologists. Sirhan originally was sentenced to death, but the sentence was commuted to life when the California Supreme Court briefly outlawed capital punishment in 1972. 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. Contact the Public Defenders Office in your county of residence for additional information. The case is ongoing. Young, Kathryne M., and Hannah Chimowitz. Sirhan Sirhan has waived his right to fight deportation to his native Jordan. Thisassessment could include evaluating the extent to which BPHs expectations for stateappointed attorneys are consistent with best practices. This is because attorneys received a relatively significant increase in compensation if a case proceeded to the hearingstage. Differences in Processes Can Stem From Variation in Sentencing Frameworks. 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. Note: hearing times and dates are subject to change mentioned above, a report by UnCommon Law the. 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