UnreasonableRisktoPublicSafety不合理的公共安全风险课件

1、George Bakerjian, Staff AttorneyUnreasonableRisktoPublicSafety不合理的公共安全风险Statutory AuthorityStatutory Authority“Any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels dec

2、ision” Penal Code 3041(b)UnreasonableRisktoPublicSafety不合理的公共安全风险Regulatory AuthorityRegulatory Authority“Proposed decisions made at hearings for prisoners serving a sentence of life with the possibility of parole may be reviewed by the chief counsel or a designee.” - California Code of Regulations,

3、 Title 15, 2041(h)Grants Grants of parole shallshall be reviewed by the chief counsel or a designee.Denials A random sample of parole denials, as determined by the Board, shall be reviewed by the chief counsel or a designee. - California Code of Regulations, Title 15, 2041(h)UnreasonableRisktoPublic

4、Safety不合理的公共安全风险InmateAn inmate may invoke decision review by sending correspondence to the Board expressly requesting decision review and including the reason for the request. Must be requested before the proposed decision becomes final. BoardGrants The Board conducts decision review on all grants

5、of parole and reviews all term calculations.Denials The Board conducts decision review on as many denials as resources permit. The Board reviews all “Butler” term calculations (base and adjusted base terms)UnreasonableRisktoPublicSafety不合理的公共安全风险The panels decision shall become final “unless the boa

6、rd finds that the panel made an error of lawerror of law, or that the panels decision was based on an error of facterror of fact, or that new information new information should be presented to the board, any of which when corrected or considered by the board has a substantial substantial likelihood

7、of resulting in a substantially likelihood of resulting in a substantially different decision upon a rehearingdifferent decision upon a rehearing.” Penal Code 3041(b); California Code of Regulations, Title 15, 2042UnreasonableRisktoPublicSafety不合理的公共安全风险Timing Requirements Within 110 days of the hea

8、ring, the chief counsel, or a designee, may: (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the proposed decision without a new hearing.- California Code of Regulations, Title 15, 2041(h)UnreasonableRisktoPublicSafety不合理的公共安全风险Adverse Modifications En Banc Review No deci

9、sion shall be modified without a new hearing if the decision would be adverse to the prisoners interest. In cases where the chief counsel recommends modification where the decision is adverse to the prisoners interest, the matter shall be referred to the full board for en banc review.No proposed dec

10、ision shall be referred for a new hearing without a majority vote of the board following a public hearing. - California Code of Regulations, Title 15, 2041(h)UnreasonableRisktoPublicSafety不合理的公共安全风险“No decision of the parole authority of this State with respect to the granting, denial, revocation, o

11、r suspension of parole of a person sentenced to an indeterminate term upon a conviction of murderupon a conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision.” “The Governor may only affirm, modify, or reverse the decision of the parol

12、e authority on the basis of the same factors which the parole authority is required to consider.” California Constitution, Article 5, Section 8, subdivision (b)UnreasonableRisktoPublicSafety不合理的公共安全风险“During the 30 days following the granting, denial, revocation, or suspension by a parole authority

13、of the parole of a person sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the authoritys decision pursuant to subdivision (b) of section 8 of Article V of the Constitution, shall review materials provided by the parole authority.” Penal Code

14、3041.2(a)“If the Governor decides to reverse or modify a parole decision of a parole authority pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.” Penal Code 3041.2(b)Unreas

15、onableRisktoPublicSafety不合理的公共安全风险“Up to 90 days prior to a scheduled prior to a scheduled release daterelease date, the Governor may request request review review of any decision any decision by a parole authority concerning the grant or denial of parole to any inmate in state prison.” Penal Code 3

16、041.1UnreasonableRisktoPublicSafety不合理的公共安全风险There are two processes by which an inmates suitability hearing can be advanced after his/her initial hearing:Petition to Advance (PTA) Initiated by the inmateAdministrative Review (AR) Initiated by the BoardUnreasonableRisktoPublicSafety不合理的公共安全风险An inma

17、te may request that the board exercise its discretion to advance a hearing following a denial of parole or stipulation (with a Marsys law denial length) to an earlier date, by submitting a written request to the board. Penal Code 3041.5(d)(1)Standard“A change in circumstances or new informationchang

18、e in circumstances or new information that establishes a reasonable likelihood that consideration of reasonable likelihood that consideration of the public safety does not require the additional period the public safety does not require the additional period of incarceration of the inmateof incarcer

19、ation of the inmate.” Penal Code 3041.5(d)(1)UnreasonableRisktoPublicSafety不合理的公共安全风险Process Upon request of a PTA, the Board will review the petition to ensure that it has jurisdiction to consider the petition.If the Board has jurisdiction, then all victims will be notified of the petition and be g

20、iven 30 days to offer their input.Petition is then sent for substantive review by a hearing officer.LimitationThe Board will only consider a subsequent PTA 3 years after the previous PTA was decided on the merits. Penal Code 3041.5(d)(3)UnreasonableRisktoPublicSafety不合理的公共安全风险Sole Discretion The Boa

21、rd has sole discretion to approve or deny a petition to advance a hearing datePossible OutcomesApproved If the petition is approved, the inmate is either placed on the next available hearing calendar or the inmates denial length will be reduced (to another Marsys law denial length)Denied If the peti

22、tion is denied, the inmates current denial length remains in tact and the inmate will be notified of the decision. UnreasonableRisktoPublicSafety不合理的公共安全风险UnreasonableRisktoPublicSafety不合理的公共安全风险The Board typically conducts administrative review on select 3-year denials.Timing Each month, the Boards

23、 Special Processing Unit (SPU) screens-in cases for administrative review from the same month of the previous year (September 2015 denials will be screened-in for AR in September 2016)UnreasonableRisktoPublicSafety不合理的公共安全风险Screening Criteria Hearing will not will not be advanced if: Inmate has file

24、d a PTA since his/her last hearing An intervening hearing (court ordered or via decision review/en banc) Violent 115 since last hearing Inmate has a moderate-to-high or a high risk assessment score Presence of new negative of confidential information UnreasonableRisktoPublicSafety不合理的公共安全风险StandardAdvancing a hearing date requires a reasonable likelihood reasonable likelihood that consideration of the public safety does not require that consideration of the publ