HAPPY NEW 2015 YEAR..... hoping it will be as productive and transparent as the 2014 year for LIFERS, other inmates and the criminal defense Attorneys, who work hard to fight for their freedom..
(BELOW: just a quick STATS note for this February post)
2014 was a great year for the Board of Parole Hearings (BPH), with the implementation of both the Youth Offender Parole Hearings (YOPH) and the Elderly Parole hearings, the expansion of medical parole, plus the addition of various non-lifer inmate populations getting a shot at early release via the Board ( BPH).
Many procedural changes have changed because of the mandates from the Federal Court. Thus, some changes were strictly legal - case law, implemented of new legislation - while others were just pressure from previous Realignment done at the State Level.
Wherever the changes came from - the bottom line is that is it reflected in the number of Grants and Denials.
The Numbers (Statistics) are from the LSA Newsletter ---> (thank you again for a job well done at the BPH headquarter)
YOPH (via SB 260):
Jan-Nov 2014: 394 hearings were scheduled,
resulting in 112 grants,
146 denials, and 2 split decisions.
Of course waivers, cancellations, Stipulations account for the 396 scheduled hearings. The cases heard gave 112 Grants, a net grant rate of 43%.
ELDERLY/MEDICAL: (note: elderly actually started in October 2014)
Parole consideration began in February and by the end of November 514 hearings had been scheduled, with 115 grants, 245 denials, and 2 split decisions.Hearings which started in October, 2014, saw 21 hearings slated, resulting in 9 grants, 8 denials, 1 continuance and 3 cancellations.
Non-Lifers / DSL (Determinate Sentence)
Attorney Letarte has started to represent the DSL inmate population with their Board of Parole Hearings. Good news and Bad news for these inmates. GOOD NEWS; They have a chance at an EARLY Release before the actual (Eligible Earliest Parole Release Date): BAD NEWS: They have to compete with Lifers' Presentation at the BOARD hearing. Most Lifers (vs DSL inmates) have years of "clean time", tons of Programming and Vocational trades. Unfortunately, the DSL will be judge by the same standard to be an UNREASONABLE THREAT to SOCIETY if released. DSL will be subject to the same Marsy's Law denial length. GOOD NEWS: Regardless of the denial length (if not granted parole) the DSL inmate's release date will be Honored and thus released, UNLESS there are new criminal charges. For example, if DSL inmates have 3 more years before reaching their release date ( EPRD) and they get a 5 years denial, they will most likely NOT see the Board again..and will be released at their 3 year mark.
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2015 is a new exciting years for Lifers (ISL) and the DSL inmate population..
.lets keep fighting for those GRANTs.
Attorney Diane T. Letarte: LIFER Parole Hearings CALL *** 619-233-3688 ***. BLOG Focuses on the Law/News that impacts inmates with LIFE, long-term DSL (SB260 & 261, AB1308, 3X'er, LWOP) Suitability Hearings are governed mostly by Penal Code 3041, et seq. LAWRENCE and SHAPUTIS CA Supreme Court cases are 2008 Landmark cases. 3/4/13, In Re Vicks Reversed by CA Supreme. 2/22/16, Gilman v. Brown was reversed by the 9th Cir. Marsy's Law aka (prop 9, 89) remains Law. Butler reversed
Thursday, February 5, 2015
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)
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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.
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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.
Monday, December 29, 2014
Brown has allowed parole for 1,963 LIFERs — more inmates than 4 previous governors released, but....
The LA Newspaper Article http://www.latimes.com/local/california/la-me-ff-pol-lifer-parole-20141228-story.html#page=1 states:
As more inmates are released from prison, more parolees return!
A Stanford University study found that among 860 inmates with life sentences who were paroled from 1995 to 2010, five (5) returned to prison with new felony charges. Since 2011, at least 50 inmates with life sentences, including 33 paroled under Brown, returned to prison or jail, accused of drug use, domestic violence, theft, even attempted murder.
LIFER Support Groups are available to help LIFER's not to relapse to their OLD ways! With more LIFER getting Grants of Parole by Governor Brown and his Commissioners (aka "The BOARD") let's make sure LIFERs do not disappoint the upcoming LIFER candidates and let's keep the Recidivism rate of Lifers UNDER 1%.
It is more crucial now then ever to provide LIFERs with help after their Release. There are Newsletters and great Support Systems throughout California for Lifers. This includes Transitional Housings, such as:
The Francisco Homes
Sister Theresa Groth, Executive Dir.
POB 7190
Los Angeles, CA 90007
323-293-1111
Health Right 360 to name just a few!
2307 West 6th Street
Los Angeles, CA 90057
Under Facebook search for: (NOTE: Great resource enumerated on a daily basis.)
"California's Parole Suitability Hearing Support"
" Life Support Alliance"
**LSA (Life Support Alliance) started a 2nd LSA Newsletter named AFTER*LIFE.
Email (or mail) LSA at lifesupportalliance@gmail.com to be added to the Newsletter.
David Sloane, Former Lifer Enjoying Life
**LSA: An advocacy group working "hard" for change in the present parole board policy of finding life-term prisoners unsuitable - more often than not. They support the return of parole suitable lifers to our communities and are prepared to assist in their reintegration.
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