Ruff was a retired annuitant special 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. Anderson was director of the California Office of Traffic Safety from 1993 to 1999. 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. "By doing this, I ensure that no other person is victimized by my actions again and hopefully make an impact on others to follow.". Potential Bias From Overly Broad Discretion. This can occur in two ways. If they are released from prison, people with indeterminate sentences are supervised in the community by state parole agents. First published on March 1, 2023 / 6:30 AM. She served as a deputy district attorney at the Kings County District Attorneys Office from 2013 to 2015. 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. Setting Conditions The People Of The State Of California , filed a (n) Civil - Unlimited case against Board Of Parole Hearings , in the jurisdiction of Sacramento County. OMeara earned a Masterof Arts degree inPsychology from St. Marys College and aDoctor ofPhilosophy in Psychologydegree from the California School of Professional Psychology. 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. Are forensic experts biased by the side that retained them? Psychological Science 24.10 (2013): 18891897. We also find that the Governor has significant discretion in being able to unilaterally overturn commissioners decisions for candidates convicted of murder. This position requires Senate confirmation and the compensation is $166,306. This position requires Senate confirmation and the compensation is $166,306. 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. 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. The Governors Office can only accept these notices by email ([email protected]) or mail (Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814). Sharrieff is a Democrat. In particular, the California Supreme Court has ruled that the central question in determining suitability is whether a candidate would currently pose an unreasonable risk of danger to the public if released. This means that two candidates who are otherwise identical might have different hearing outcomes based on their ability to access a private attorney. Michael Ruff, 55, of Sacramento, has been reappointed to the Board of Parole Hearings, where he has served since 2017. 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. 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. For example, candidates with a better chance of release may be more willing to pay for an attorney. 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 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. 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. Processes in Other Jurisdictions Can Differ. 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. 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. He was Principal Attorney at the Law Offices of Lawrence D. Nwajei from 1996 to 2018. 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. 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. Forabout 40percent of people held in Californias prison system, the amount of time they ultimately serve in prisonin many cases including whether or not they will spend the rest of their lives in prisonis determined through the parole hearing process. 2023 The Associated Press. 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. 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. WebThe Board of Parole Hearings, a division of the California Department of Corrections and Rehabilitation, investigates commutation applications. He served at the California Correctional Institution as facility captain from 2004 to 2007 and classification and parole representative from 2001 to 2004. She has served as deputy commissioner and administrative law judge with the Board of Parole Hearings since 2018. 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. People with LWOP sentences are not eligible for parole hearings, with the exception of those who received an LWOP sentence for a crime they committed while under 18 years of age. Candidates might strategically choose to waive their hearing or stipulate to unsuitability to achieve a potentially shorter amount of time until their next hearing, relative to the denial period that they could get if they choose to receive a hearing. 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. Ruhland, Ebony, et al. This position requires Senate confirmation and the compensation is $159,068. 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. 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. Romano is a Democrat. 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. ), Potentially Due to Lower Level of Legal and Hearing Preparation Services Received From StateAppointed Attorneys. "They found him suitable for release last time and nothing has changed," Berry said. Specifically, 2,146 (25percent) hearings originally scheduled to occur in 2021 were postponed to later in 2021 or 2022. She has been an assistant sheriff at the Los Angeles County Sheriffs Department since 2018. In addition, BPH provides commissioners with training on various topics, such as implicit bias. It is possible that some of the above disparities are driven by actual differences in risk of violence between the two groups. Given the current level of discretion in the parole hearing process, it is important to have safeguards in place that can mitigate the impacts of possible biases in release decisions. the impact of a pardon grant on the applicants family and community, including whether the grant is consistent with public safety and in the interests of justice and, if relevant, any extraordinary circumstances that justify restoration of firearm rights or a pardon in a sex offense case; the age and circumstances of the offense and the age of the applicant at the time; the applicants self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs; and, (2 pages) to the Governors Office. Parole Hearing. Webmanner, you should contact: Board of Parole Hearings, P.O. 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. We note that 7,697 (about 90percent) candidates who had parole hearings scheduled to take place in 2021 relied on a stateappointedattorney. 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. 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. 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. 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. California Department of Corrections and Rehabilitation Contact Types Lead/Public Agency Address 501 J Street, Suite 325 P.O. 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. Moreover, we find that the current process does not adequately provide safeguards on the use of discretion. 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. This material may not be published, broadcast, rewritten, or redistributed. On the other hand, discretion allows decisions to be influenced by the idiosyncrasies, values, or conscious or unconscious biases of decision makers. 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. Second, psychologists have flexibility in how to weigh the various factors in the HCR20V3 to produce a single risk level. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. In some cases, programs are explicitly designed to incorporate hearing preparation services. As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. 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. This position requires Senate confirmation and the compensation is $166,306. (Thepercentage of hearings held that resulted in a decision to grant release has remained relatively consistent in recent years.) 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. 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. WebCalifornia Board of Parole Hearings is located in Sacramento, CA, United States and is part of the Justice, Public Order, and Safety Activities Industry. Please enter valid email address to continue. Purcell has served as Presiding Judge at the State Bar Court of California since 2014, and as Review Judge there since 2008. 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. The applicant does not need to take any further action unless contacted by the Governors Office or the Board of Parole Hearings. 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. WebThe Governors Office can only accept these notices by email ([email protected]) or mail (Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite Kathleen OMeara, 66, of Solano, has been appointed to the Board of Parole Hearings. Completed pardon applications may be submitted electronically to [email protected], or by mail to Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. Thornton served as a senior deputy district attorney at the Madera County District Attorneys Office from 2016 to 2017, where she was a deputy district attorney from 2009 to 2013. She served as Senior Staff Counsel and Attorney II at the Department of Consumer Affairs from 2007 to 2017. Anderson earned a Master of Public Administration degree from the University of San Francisco. The case is ongoing. The Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR) is composed of 21 commissioners who are 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. 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. Ruff is a Democrat. Garcia is a Democrat. These programs engage people in prison through a wide range of modes and topics, including peerled discussion groups and the arts. WebIn addition, that office supplies the registration information to the Board of Parole Hearings who in turn is obligated to notify any registered victim or next of kin of any upcoming . 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). Romano has been director of the Justice Advocacy Project at Stanford Law School since 2007. 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. Risk Assessment by BPH Psychologist. 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. Finally, we reviewed various research studies on parole in California and other states and observed parole hearings. 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. 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. Zarrinnam is a Democrat. 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. Board of Parole Hearings P.O. Please do not send original documents because application materials cannot be returned; and. Potential Institutional Biases of Key Actors. We also analyzed data on outcomes of state parole hearings. 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. She earned a Master of Arts degree in organizational leadership from Woodbury University. As discussed above, UnCommon Laws pilot project is currently underway. 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. 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. 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. 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 is particularly concerning given the lack of certain key safeguards in the process on the use of this discretion. While the primary focus of this report is equity, the concerns we discuss below could have implications beyond inequitable outcomes. In-person delivery is not accepted. (Woodland, CA) April 18, 2019 On June 29, 2021, Board of Parole Hearings commissioners granted convicted murderer Kenneth Buffer parole. In addition, to the extent BPH psychologists view the board as being inclined or disinclined to release candidates, this could affect how they administer the CRA. 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. (TheState Constitution also gives the Governor power to grant reprieves, commutations, and pardons for people convicted of crimes, though these are not the subject of this report.). 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). On the one hand, discretion allows decision makers to interpret information in a more nuanced way than a formulaic approach. 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. Without access to these services, such a candidate could be inequitably denied release due to their history of victimization in prison. The Board of Parole Hearings investigates pardon applications for the Governors Office. However, three types of indeterminately sentenced people could become eligible to begin receiving parole hearings earlier. This position does not require Senate confirmation and thecompensation is $100 per diem. Message From the Parole Board Chair Welcome to your Colorado Board of Parole web-site. 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. 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