Friday, January 2, 2015

PAROLE PROCESS for NON-VIOLENT, NON-SEX-registrant, Second Striker

Although this posting does not relate specifically to Lifers...it has a great impact on how the Board of Parole Hearings (BPH) will need to streamline their resource to get all the appropriate inmate release to follow the Federal Court Order described below. It is also an opportunity for non-lifers to be Reviewed by the Board by presenting written evidence. (see below)

=============
On February 10, 2014, the Three Judge Panel in the Plata/Coleman class action lawsuit Ordered the California Department of Corrections and Rehabilitation (CDCR) to implement a process whereby Non-Violent, Second-Strikers will be eligible for Parole Consideration by the Board of Parole Hearings (Board) once the inmate served 50% of their sentence!

There will be NO hearing per se, for these qualified candidate inmates, but they will be allowed to present evidence. Inmates will have 30 days from the date of the referral (to Board) to submit a written statement. Opposing parties (such as the District Attorneys, Victims, etc) will also have a chance to draft a written statement that they wish the Board to consider within 30 days. A Deputy Commissioner will conduct the Administrative Review to determine if the inmate's release would pose "an unreasonable risk" to public Safety.

IT IS IMPORTANT that the inmate take advantage of this chance to provide RELEVANT written evidence to the BOARD for their consideration. It is best to CONSULT with an experienced Attorney in the Parole Hearing area of the law to ensure the correct relevant information is included in this 1-time FIRST chance at an early Parole Release. A 30-minute Legal phone Consultation ($150 - fee applies) can be scheduled with Attorney Diane Letarte via her website.

The inmates will be able to request to review their Central File PRIOR to their Annual Classification Committee Review, consistent with the existing Policies and Procedure for requesting their review of the Central file.


*** The majority of this information was provided directly from Jennifer Shaffer's (BPH Executive Officer) BPH memo dated December 30, 2014 from the BPH Quarterly Stakeholders Meeting.