In addition, we recommend that the Legislature support periodic quantitative and qualitative studies by independent researchers of both the CRA and parole hearings. 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. If the Legislature chooses to make this change only for lowrisk candidates, we also recommend requiring BPH to report on the numbers of parole candidates assessed as low, moderate, and high risk before and after the change. 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. A., Stark, T. H., & Scott, A. L. 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. Box 4036Sacramento, CA 95812-4036, Attn: Pre-Hearing CorrespondenceRe: Brandon Fernandez CDCR #V71808Daniel Bezemer CDCR #V71807, Parole Hearing Date(s): July 28, 2022 / Aug. 10, 2022. In-person delivery is not accepted. Ruff was a captain at the Deuel Vocational Institute from 2001 to 2003 and a lieutenant there from 1998 to 2001. As discussed above, in addition to providing basic legal services, private attorneys sometimes provide more extensive services. 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). 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. For example, in some cases, private attorneys hire external consultants to provide expert opinions, such as on their clients risk level. Cambridge, England: Cambridge University Press. Gutierrez 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. 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. SACRAMENTO Governor Gavin Newsom today announced the following appointments: John Garcia, 66, of Rancho Cucamonga, has been appointed to the 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. 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. For example, a BPH commissioner could assess the details of a disciplinary infraction and conclude that the issue should be disregarded as it was due to unique circumstances in prison unrelated to how the candidate would behave if released. We note that different Governors often take dramatically different approaches to reviewing BPH decisions. After weeks of searching, Justines body was found in Applegate, California. In addition, it is considering offering a less intensive version of the programin the form of shorter workshopsat several other prisons. Stateappointed attorneys are required to provide basic legal services to their clients. The person in prison will be We find that the parole hearing process affords BPH commissioners and other key actors in the process overly broad discretion. To the extent that implicit bias affects key actors thinking in the parole hearing process, candidates who are subject to negative implicit biases would be disproportionately disadvantaged in the process. Grounds is a Republican. 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. Potential Cognitive Biases of Key Actors. People with the other three types of sentences may be eligible for parole hearings for various reasons, as discussed below. This position requires Senate confirmation and the compensation is $159,068. However, despite its advantages, discretion creates an entry point for bias in decisionmaking. In many cases, it determines whether or not people will spend the rest of their lives in prison. At each parole hearing, BPH commissioners must decide whether the parole candidate would pose an unreasonable risk of danger if released from prison. 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. Board of Parole Hearings P.O. People can be sentenced to LWOP for certain severe crimes, such as murder involving torture. Currently, commissioners can deny parole if they can point to any evidenceeven if based on subjective determinationthat a candidate may pose a current risk of dangerousness. The Governors Office will send the California Supreme Court the pardon application and all related documents for their review. Accordingly, it is possible that some of these programs are effectively providing hearing preparation services to candidates who would otherwise not have access to them. There is substantial variability in how discretionary release processeslike Californias parole hearing processare structured and operate. Please DO NOT grant a parole date to convicted murderers, Brandon Fernandez and Daniel Bezemer. 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 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. 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. First, some of the individual risk factors in the HCR20V3such as the degree of candidates insight into the causes of their behaviorare inherently subjective. This is known as the fundamental attribution error. Qualitative analysis would help reveal the nature of key actors interactions with candidates and how key actors are assessing subjective factors, such as remorse. He was a sergeant at San Quentin State Prison from 1994 to 1998, where he was a correctional officer from 1986 to 1994. About four to five months before their hearing, BPH appoints an attorney for candidates who do not hire a private attorney or receive free services from a private attorney. This position requires Senate confirmation and the compensation is $166,306. Ratliff, K. A., & Smith, C. T. Lessons from two decades of Project Implicit. In Krosnick, J. We note that 7,697 (about 90percent) candidates who had parole hearings scheduled to take place in 2021 relied on a stateappointedattorney. Lawrence Nwajei, 60, of Los Angeles, has been appointed to the Board of Parole Hearings, where he has served as Deputy Commissioner and Administrative Law Judge since 2020. 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. 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. She served as a Judge at the Kern County Superior Court, East Kern Division from 2001 to 2008. This position does not require Senate confirmation and thecompensation is $100 per diem. Statute gives parole candidates the right to an attorney at parole hearings. If a judge granted you a Certificate of Rehabilitation before January 2019. you did not receive notice of a pardon grant, your application is deemed closed. Ifreleased from prison, these people are supervised in the community by state parole agents. On the one hand, discretion allows decision makers to interpret information in a more nuanced way than a formulaic approach. Buffer, now 59, lived in Sacramento at the time of the murder and is currently serving his sentence at Folsom State Prison. 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. Daniel Bezemer and Justine Vanderschoot had dinner with her parents before going out. Taira served as an Administrative Law Judge for the Department of Social Services from 2011 to 2012 and for the Office of Administrative Hearings from 2009 to 2011. Scheduling of Hearing. 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. UnCommon Law is hoping to expand the program to a prison in Northern California sometime in 2023. 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. Parole Suitability Hearings; Youth Offender Parole Hearings; Elderly Parole Hearings; Medical Parole Hearings; Hearing Information. Patricia Cassady, 67, of Concord, has been reappointed to the Board of Parole Hearings, where she has served as a commissioner since 2016. Please do not send original documents because application materials cannot be returned; and. Alternatively, candidates may stipulate to unsuitabilityeffectively requesting to be denied parole without a hearing. Sharrieff was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2017 to 2018. These errorsreferred to generally as cognitive biasesoften operate without peoples awareness or conscious control and can reduce the accuracy of decisions and judgements. SACRAMENTO Governor Gavin Newsom today announcedthe following appointments: Dianne R. Dobbs, 59, of Sacramento, has been reappointed Commissioner to the Board of Parole Hearings, where she has served since 2017. (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.). 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. Consider Limiting Discretion of Parole Commissioners. Minor is a Democrat. It is possible that key actors may be influenced by their institutional context. WebQuestions? Forexample, in 2003, Governor Davis reversed about 95percent of parole decisions in murder cases, while Governor Brown reversed about 14percent in2015. In addition, 328 (4percent) were continued (meaning that the hearing was started but could not be completed for some reason) orcancelled. 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. Specifically, 2,146 (25percent) hearings originally scheduled to occur in 2021 were postponed to later in 2021 or 2022. Anderson earned a Master of Public Administration degree from the University of San Francisco. 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). 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. Murrie, Daniel C., et al. HELP LINE: The board will set up a help line during the meeting to assist with any Microsoft Teams issues. 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. Long is a Republican. This could create inequities for a variety of different groups, including parole candidates who are impoverished and those who lack the mental capacity or language skills necessary to secure an attorney free of charge. He was Deputy Commissioner and Administrative Law Judge for the Board of Parole Hearings from 2015 to 2016. Specifically, BPH does not publish data on hearing outcomes disaggregated by candidate subgroups, such as race or ethnicity. Candidates With State Appointed Attorneys Have Worse Outcomes. If you would like Governor Newsom to consider your pardon application, please submit a new. As discussed above, parole process and outcome data raise concerns that candidates who rely on stateappointed attorneys may be receiving fewer and/or less effective legal and hearing preparation services than those who are able to retain private attorneys. She earned a Juris Doctor degree from Pepperdine School of Law. Ruff was a retired annuitant special 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. To the extent the Legislature finds further improvements are needed, we provide variousoptions. As of November 2022, CDCR was incarcerating a total of roughly 96,000 people. Below, we discuss certain types of bias that could be affecting decisions made in the parole hearing process given the overly broad discretion currentlyprovided. Would the Candidate Pose an Unreasonable Risk of Danger if Released? The speaker card can be found below under Executive Board Meeting Documents. Ruff is a Democrat. The results of this assessment can then be used to inform potential future legislative action. 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. 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. BPH appoints and pays for an attorney for candidates who do not retain a private attorney. Taira was a Defense Attorney in the Fresno County Public Defenders Office from 1991 to 1992. 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. This guide provides more details about the YOPH He served at the California Correctional Institution as facility captain from 2004 to 2007 and classification and parole representative from 2001 to 2004. However, they can become eligible for parole hearings to potentially be released earlier. 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. WebThe mission of the Parole Board is to increase public safety by evaluating an individuals potential for successful reintegration to the community through the use of innovative evidence informed practices. In other words, they can choose to essentially delay their parole hearing. Ruff was a retired annuitant special agent on the Special Projects Team at the California Department of Corrections and Rehabilitation from 2013 to 2016. Box 942883 Sacramento, 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. While the state has implemented recent changes in an effort to address these concerns, the lack of ongoing data on the effectiveness and accessibility of legal and hearing preparation services makes it difficult to assess whether the changes have been effective. In addition, since 1988, the Governor has had constitutional authority to unilaterally reverse grants of parole for people convicted of murder. Box 4036 Sacramento, CA 95812-4036. 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, Risk Assessment by BPH Psychologist. Processes in Other Jurisdictions Can Differ. Anderson was director of the California Office of Traffic Safety from 1993 to 1999. They may stipulate to being unsuitable for a period of 3, 5, 7, 10, or 15 years. But that night, Daniel Bezemer and his friend, Brandon Fernandez, had a plan to murder Justine and bury her body in the woods. Parole suitability hearing results may be found on the CDCR Inmate Locator link below. Please note: hearing times and dates are subject to change. 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. He was associate warden at Salinas Valley State Prison from 2007 to 2009. BPH currently maintains some safeguards on the use of discretion. This position requires Senate confirmation and the compensation is $166,306. Are forensic experts biased by the side that retained them? Psychological Science 24.10 (2013): 18891897. (The CRA is not administered in certain cases, such as if the candidate has had a CRA conducted less than three years prior.) 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. 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. 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. Ensure Consistent Access to Effective Legal and Hearing Preparation Services. 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. The ruling split the Kennedy family, with RFK's widow, Ethel Kennedy, and six of Kennedy's nine surviving children opposing his parole. These programs engage people in prison through a wide range of modes and topics, including peerled discussion groups and the arts. 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. 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. 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. Differences in Processes Can Stem From Variation in Sentencing Frameworks. 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