Monday, August 18, 2014

DSL or ISL (aka LIFERs) - Elderly Parole Program to Start October 1, 2014

On February 10, 2014, the Three Judge Panel in the Plata/Coleman class action
lawsuit ordered CDCR to finalize and implement a new parole process whereby elderly inmates will be referred to the Board of Parole Hearings (board) to determine suitability for parole.The procedures for the new Elderly Parole Program will affect parole suitability hearings scheduled on or after October 1, 2014

Below is an Excerpt of the BHP Memo that came out earlier in June 2014 on the
ELDERLY PAROLE PROGRAM. The full (BPH memo) can be read at Attorney Diane Letarte's Website. Make sure to hire an Experienced Attorney that understand the Hallmarks of our Elderly population, who can properly present the special consideration along with any Medical issues that are relevant to the Commissioners during deliberation at the Parole Hearing.

Eligibility:
 Inmates who are 60 years or older and who have  been incarcerated for  25 years or  more are  eligible for  the  Elderly Parole Program.  Eligible inmates may be serving an   indeterminate (ISL aka Lifers) or a determinate sentence (DSL).


CRITERIA to be considered at Parole Hearing:
During the administrative review and the petition to advance (PTA) processes, the board will give special consideration  to eligible  inmates advanced age, long-term confinement, and diminished physical condition, if any exist.
 
Marsy's Law (Prop 9) Still applies:
If an eligible inmate is denied parole, the denial length will be set pursuant to Penal Code section 3041.5(b)(4) (“Marsy’s Law”) for 3, 5, 7, 10, or 15 years.
 
Psychological Risk Assessments:
Inmates who are scheduled for a Elderly hearing on or after October 1, 2014,  will receive a new  or revised Psychological risk  assessment , which will  specifically address how the inmate’s  advanced  age,  long-term  confinement, and diminished physical condition, if any,  may  impact the inmate’s  potential  risk  for future violence.
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