september 16, 2019 - cdcr...september 16 & 17, 2019 commissioner anderson stated that the...

BOARD OF PAROLE HEARINGS Executive Board Meeting September 16 & 17, 2019

September 16, 2019

Meeting Called to Order at 1:06 p.m.

Roll Call: Commissioners Anderson, Barton, Cassady, Castro, Chappell, Dobbs, Grounds, Gutierrez, Long, Roberts, Ruff, Schneider, Sharrieff, Taira and Thornton present.

Commissioner Minor absent.

Commissioner ANDERSON stated that the majority of currently-appointed commissioners are present.

CONSENT CALENDAR

Open Comments on Consent Calendar

Commissioner ROBERTS moved to approve the consent calendar. Commissioner CASSADY seconded the motion, which carried unanimously.

REPORTS

Report from Executive Officer, Jennifer Shaffer SHAFFER introduced Commissioner GUTIERREZ. She announced the retirement of Commissioner LABAHN and acknowledged his significant contribution to the Board’s work.

SHAFFER stated that the Board is accepting applications this month for panel attorney appointments. Interviews will be conducted and appointed attorneys can expect to begin being assigned hearings in January, 2020.

On August 30, 2019, the Office of Administrative Law approved the Board’s regulations regarding inmate petitions to advance parole hearing dates and the Board’s administrative review process for advancing parole hearing dates.

SHAFFER stated that last month she attended the American Probation and Parole Association’s training conference in San Francisco. She also toured the Francisco Homes transitional housing facility in Los Angeles.

SHAFFER stated that the preliminary results from implementing structured decision-making has been encouraging. Comparing May to July, 2019 with the same period in 2018, the number of hearings has increased by 21% and the average length of hearings

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has decreased by 33 minutes. The grant rate has increased slightly, by 0.4%. The number of postponements has decreased by 7%.

Report from Chief Counsel, Jessica Blonien BLONIEN introduced a recently-hired attorney, NICHOLE MILLER.

Report from Chief Psychologist Dr. Cliff Kusaj KUSAJ stated that he and Senior Psychologists, EMILY WISNIEWSKI and MIKE VENNARD visited the Santa Clara County Public Defender’s Office, earlier this month, and gave an overview of the work of the Forensic Assessment Division. KUSAJ also stated that SHAFFER, Undersecretary KATHLEEN ALLISON and he attended the San Quentin Mental Health Week on September 16, 2019.

PRESENTATION

Addressing Mental Health and Substance Abuse Disorders in the Criminal Justice System, Programs, Policies and Treatment Interventions, presented by Allison G. Robertson Ph. D. MPH, Associate Professor in Psychiatry and Behavioral Sciences, Duke University School of Medicine

ROBERTSON gave a PowerPoint presentation.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, stated that responses to the survey on inmate attorney services show that the biggest concern is the lack of preparedness of some attorneys. Inmates have expressed concern that meetings with their attorney is too short. Some attorneys pressure inmates to stipulate to unsuitability. NELSON-SLOANE welcomed the Board’s greater expectations of inmate panel attorneys.

Meeting recessed at 3:10 p.m.

September 17, 2019

Meeting called to order at 10:07 a.m.

Roll Call: Commissioners Anderson, Barton, Cassady, Castro, Chappell, Dobbs, Grounds, Gutierrez, Long, Roberts, Ruff, Schneider, Sharrieff, Taira and Thornton present.

Commissioner Minor absent.

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Commissioner ANDERSON stated that the majority of currently-appointed

commissioners are present.

EN BANC REFERRALS

Referral by the Governor, pursuant to Penal Code section 4802, to review a

pardon application.

A. THAI, TRI MINH

P29146, T45987

DAI NGUYEN, THAI PHAM and TRI MINH THAI, applicant, supported the

application for a pardon.

B. TIJANI, MONSURU

P74147, H21682, D50996

STEVEN HIRSCH, attorney, KOLA OLAGUNDOYE, OLA OLAGUNDOYE,

KEMI EMMANUEL, HIROMI KUSACHI, applicant’s wife, and MONSURU

TIJANI, supported the pardon application.

DONA LEBOWITZ, Los Angeles County District Attorney’s Office, opposed the application.

Referral by the Governor, pursuant to Penal Code section 4802, to review a

commutation application.

C. LEDESMA,JOE

V57720

DONA LEBOWITZ, Los Angeles County District Attorney’s Office, opposed the commutation application.

Referral pursuant to Penal Code section 1170(e) to determine eligibility for

recommendation to sentencing court for recall of sentence.

D. LARSON. RICHARD

AW8217

Inmate deceased.

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Referral by the Chief Counsel, pursuant to Penal Code section 3041, subdivision

(b) and California Code of Regulations, title 15, section 2042, to ensure complete,

accurate, consistent and uniform decisions and the furtherance of public safety.

E. GARCIA, ANSELMO

H82887

CHRISTINE WARD, Crime Victims Action Alliance, GALEN RUTIAGA,

Fresno County District Attorney’s Office, JILL KLINGE and RACHAEL LOZANO, victim, recommended ordering a re-hearing.

PETER FERGUSON, attorney, and LUIS GARCIA, inmate’s brother, opposed ordering a re-hearing.

Referral by the Governor pursuant to Penal Code section 3041.1 and

California Code of Regulations, title 15, section 2044 (b) to request review

of a parole decision by the full board.

F. LANADA, HAJI

G39713

DONA LEBOWITZ, Los Angeles County District Attorney’s Office,

recommended ordering a rescission hearing.

KOREN ELOUL, opposed ordering a rescission hearing.

G. MORRISON, JAMES

K01569

MARTIN DOYLE, San Diego County District Attorney’s Office, recommended

ordering a rescission hearing.

H. VANCE, ANDREW

AK7215

JILL KLINGE, Alameda County District Attorney’s Office, recommended


4


I. WILLIAMS, ABE

D58163

JILL KLINGE, Alameda County District Attorney’s Office, recommended


Referral pursuant to Penal Code section 3041, when there is a tie vote.

J. APONTE, ANGEL

D56455

No public comment permitted.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, expressed the view that California

Code of regulation, title 15, section 2154, subdivision (b)(3) is too restrictive. Some

inmates with a high risk assessment in the comprehensive risk assessment are

potentially suitable for parole. NELSON-SLOANE recommended amending the

regulation.

MARC NORTON, attorney, submitted that the Board’s August 20, 2019 decision to order

a rescission hearing in the matter of CARL ANDERSON (K13503) should be vacated.

MARIANNE ANDERSON, inmate’s wife, PAMELA ANDERSON, EMILY ANDERSON,

TERRY ANDERSON, CAROL ANDERSON, BRANDON ANDERSON and

CRYSTAL SOUTHWICK supported the inmate’s release on parole.

Meeting adjourned at 12:03 p.m.

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600

451 400

257 250 244 250

212 200 200

207 194

0 --,...-------------------------------------------------------~ November 2018 January 2019 March 2019 May 2019 July 2019 September 2019

October 2018 December 2018 February 2019 April 2019 June 2019 August 2019

Month

- SCHED BCKLG

Board of Parole Hearings Scheduled and Backlog Hearings Report

Penal Code Section 3041(d) October, 2019

september 16, 2019 - cdcr...september 16 & 17, 2019 commissioner anderson stated that the...

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