Hearing Schedule December 2022 Hearing Calendar Below are the Parole Suitability Hearings scheduled from December 1st through December 31st, 2022. Provide Greater Transparency and Oversight of How Commissioners and Other Key Actors Use Their Discretion. If they are released from prison, people with indeterminate sentences are supervised in the community by state parole agents. The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsoms denial. This can occur in two ways. However, in youth offender parole hearings, statute requires commissioners to give great weight to the diminished culpability of juveniles as compared to adults and any subsequent growth and increased maturity of candidates. "They found him suitable for release last time and nothing has changed," Berry said. As noted above, since 2019, BPH has instructed commissioners to use the SDMF to guide their decisionmaking process during parole hearings. Her father remembers Placer County Sheriff's detectives, accompanied by a chaplain, arriving at the family's Christian Valley home at 11 p.m. that evening to deliver the news that no parent should ever have to hear. Accordingly, it is possible that some of the difference in outcomes between stateappointed and private attorneys could be driven by the fact that private attorneys simply provide more extensive legal and hearing preparation services. 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. Private attorneys that provide free services are often affiliated with nonprofit organizations specializing in parole hearings. In addition, private attorneys tend to provide hearing preparation services, such as helping clients prepare relapse prevention plans. 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. She served as a Judge at the Kern County Superior Court, East Kern Division from 2001 to 2008. To apply for a direct pardon you must take the following two steps: 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. Parole Rehearing One possible decision of the Parole Board at the parole hearing can be to deny parole. HELP LINE: The board will set up a help line during the meeting to assist with any Microsoft Teams issues. 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. Governors Review. But that night, Daniel Bezemer and his friend, Brandon Fernandez, had a plan to murder Justine and bury her body in the woods. All people with indeterminate sentences are eligible for parole hearings once they serve the minimum term in their sentences. People Previously Sentenced as Minors to LWOP. 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. He was a sergeant at San Quentin State Prison from 1994 to 1998, where he was a correctional officer from 1986 to 1994. 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. 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. Nwajei was Executive Director at Rexford Medical Corporation from 1990 to 1995. In-person delivery is not accepted. 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. Itwould also be important to consider any tradeoffs associated with each option, such as cost and effectiveness. (The remaining portion are generally released automatically from state prison onto supervision in the community.) The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsom's denial. The wide discretion afforded to key actors in the parole hearing process creates the potential for cognitive biases to affect their decisions. Long, 56, of Tehachapi, has been reappointed Commissioner to the Board of Parole Hearings, where he has served since 2018. 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. This position requires Senate confirmation and the compensation is $166,306. 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. 4. In addition, BPH provides commissioners with training on various topics, such as implicit bias. Grounds held several positions at the Correctional Training Facility, Soledad from 2009 to 2012, including warden and acting warden. 2023 The Associated Press. The Executive Board meetings of the Board of Parole Hearings are open to the public. 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. 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. In-person delivery is not accepted. She earned a Juris Doctor degree from Pepperdine School of Law. In many other cases, programs do not explicitly focus on parole candidates, yet nevertheless incorporate elements that may help candidates prepare for their parole hearings. As discussed earlier in this report, sentencing frameworks are often characterized as either determinate or indeterminate. 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. 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. She also alleges that Newsom misstated the facts in his decision. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding. 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. She has served as deputy commissioner and administrative law judge with the Board of Parole Hearings since 2018. Daniel Bezemer and Justine Vanderschoot had dinner with her parents before going out. 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. 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. Nwajei is registered without party preference. 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. Public File for KMAX-TV / Good Day Sacramento. In addition, about half of the boards in other jurisdictions reported using some kind of decisionmaking tool like the Board of Parole Hearings Structured DecisionMaking Framework. 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. Private attorneys also tend to provide hearing preparation services focused on helping their clients demonstrate suitability to the board. To assist commissioners in this decision, BPH regulations outline factors that tend to show suitability for release (such as signs of remorse) and factors that tend to show unreasonable risk to the public (such as inprison misconduct). Buffer, now 59, lived in Sacramento at the time of the murder and is currently serving his sentence at Folsom State Prison. 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. 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. 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. 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. He was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2015 to 2016. 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. Psychologists then combine the result of the HCR20V3 with any other information they find to be relevant and reliable to produce a single CRA risk level for each candidate. Minor was Program Administrator at the Stockton Training Center from 2005 to 2009. Ruff is a Democrat. Our community will continue to honor Justine and fight to ensure her murderers remain where they belong in prison. She is challenging the governor's reversal as an "abuse of discretion," a denial of Sirhan's constitutional right to due process and as a violation of California law. 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. People who have been convicted of a crime in California may apply for a gubernatorial (Governors) pardon. In other words, even if most information suggests that a candidate is not dangerous, as long as one piece of information provides some evidence of possible of dangerousness, commissioners have the discretion to deny release. If you would like Governor Newsom to consider your pardon application, submit a completedReapplication for Clemency Form(1 page) to the Governors Office. 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. First, we find that there is overly broad discretion exercised by BPH commissioners and other key actors in the process, which could result in biased decisions. He was an Attorney at the Law Offices of Excel A. Sharrieff from 1999 to 2016. 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. Call in number: (916) 701-9994 Phone Conference ID Code: Physical location of meeting: 1515 K Street, Suite 550, Sacramento, California 95814 SPEAKER mn stimulus check 2022; topless britney spears pictures uncensored. For example, candidates with a better chance of release may be more willing to pay for an attorney. 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. Please read the attached Youth Offender Parole guide (published by the Fair Sentencing for Youth Coalition and Human Rights Watch). The parole board must simply have some evidence that the facts or circumstances are such that even though it at one time believed parole was appropriate, it no longer does. Once placed on parole supervision, a parolee must abide by certain conditions and requirements. The failure to do so will result in a California parole revocation hearing. 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. 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. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21 commissioners who are Contact the Public Defenders Office in your county of residence for additional information. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. As discussed above, UnCommon Laws pilot project is currently underway. "To transform this weight into something positive, I have dedicated my life to self-improvement, the mentoring of others in prison on how to live a peaceful life that revolves around nonviolence," he said. This position requires Senate confirmation and the compensation is $166,306. Box 942883 Sacramento, 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. In addition, the survey data suggest that many stateappointed attorneys might not be providing basic forms of assistance to their clients. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. Zarrinnam is a Democrat. Accordingly, candidates may see their behavior as a situational response to the failure of the prison system to protect them from violence. Assess Impact of Recent Steps to Improve Effectiveness of Legal and Hearing Preparation Services. 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. 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. When commissioners find a candidate unsuitable for release, state law requires them to set the date for the candidates next hearing. 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. This is because attorneys received a relatively significant increase in compensation if a case proceeded to the hearingstage. Discretion Afforded to Parole Commissioners. Consultation With Parole Commissioner. or mail (Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814). Get browser notifications for breaking news, live events, and exclusive reporting. Purcell was an Attorney at the Law Offices of Terry M. Giles from 1987 to 1989 and an Associate at Gibson, Dunn & Crutcher from 1986 to 1987. SPEAKER CARD:If you would like to make a public comment at the meeting, please complete and submit a speaker card before the meeting toBPH.SpeakerCards@cdcr.ca.gov. Potential Cognitive Biases of Key Actors. We also analyzed data on outcomes of state parole hearings. No later than 45 days before their parole hearing, candidates may choose to waive their right to a hearing for one to five years. First published on March 1, 2023 / 6:30 AM. This position requires Senate confirmation and the compensation is $159,068. 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. However, CDCR does not collect information about the extent to which hearing preparation services are currently being provided through other existing programs. Thisassessment could include evaluating the extent to which BPHs expectations for stateappointed attorneys are consistent with best practices. Long was Vice President of Prison Engagement at Defy Ventures from 2016 to 2018. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. 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. 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. You may also call(916) 322-4752 to register your speaker information. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21commissioners who are appointed by the Governor and subject to confirmation by the Senate. This position requires Senate confirmation and the compensation is $159,068. He was Associate Warden at Mule Creek State Prison from 2006 to 2008 and Facility Captain at Adelanto Community Correctional Facilities Complex from 2002 to 2006. Please DO NOT grant a parole date to convicted murderers, Brandon Fernandez and Daniel Bezemer. 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. The investigation will include a (The CRA is not administered in certain cases, such as if the candidate has had a CRA conducted less than three years prior.) Sirhan Sirhan has waived his right to fight deportation to his native Jordan. People with determinate sentences are sentenced to a fixed number of years in prison and are released after serving that time. Currently, in implementing the CRA, BPH psychologists primarily rely on a tool called the Historical Clinical Risk Management20, Version3 (HCR20V3). 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. Setting Conditions 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. 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. 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. Ali Zarrinnam, 46, of Los Angeles, has been appointed Commissioner to the Board of Parole Hearings, where he has served as Associate Chief Deputy Commissioner since 2016. Maria R. Gutierrez, 58, of Los Angeles, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2019. This position does not require Senate confirmation and thecompensation is $100 per diem. (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.). He earned a Juris Doctor degree from Southwestern University School of Law. SACRAMENTO Governor Gavin Newsom today announced the following appointments: Dianne R. 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