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BOARD OF PAROLE HEARINGS Executive Board Meeting October 14 to 17, 2019 October 14, 2019 Meeting Called to Order at 1:06 p.m. Roll Call: Commissioners Anderson, Cassady, Castro, Chappell, Dobbs, Grounds, Gutierrez, Long, Minor, Roberts, Ruff, San Juan, Schneider, Sharrieff, Taira and Thornton present. Commissioner Barton absent. Commissioner ANDERSON stated that the majority of currently-appointed commissioners are present. CONSENT CALENDAR Commissioner GROUNDS moved to approve the consent calendar. Commissioner CHAPPELL seconded the motion, which carried unanimously, with Commissioner SAN JUAN abstaining. REPORTS Report from Executive Officer, Jennifer Shaffer SHAFFER introduced Commissioner SAN JUAN. She gave an update of the appointment procedure for the inmate attorney panels. The stakeholder conference will take place on October 21, 2019. SHAFFER stated that Assembly Bill 965 authorizes the California Department of Corrections and Rehabilitation to grant credits regarding an inmate’s Youth Parole Eligibility Date. The implementation period will be delayed, pending the approval of regulations and the introduction of new information technology systems. Other legislation will require the Forensic Assessment Division to administer a standardized risk assessment tool for sex offenders. The FAD already uses the STATIC-99 test. Report from Chief Deputy of Field Operations, Rhonda Skipper-Dotta At SKIPPER-DOTTA’s request, Associate Chief Deputy Commissioner KELLY FOWLER introduced a new Deputy Commissioner, RYAN HICKEY. Report from Chief Deputy of Offender Investigations and Screening Division, Brian Kelley KELLEY stated that, under Assembly Bill 2845, the Offender Investigation and Screening Division has reviewed 823 pardon applications, of which 237 are pending. KELLEY introduced Parole Agent II, JAMES CORTEZ. 1

October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

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Page 1: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

October 14, 2019

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

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

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

CONSENT CALENDAR

Commissioner GROUNDS moved to approve the consent calendar. Commissioner CHAPPELL seconded the motion, which carried unanimously, with Commissioner SAN JUAN abstaining.

REPORTS

Report from Executive Officer, Jennifer Shaffer SHAFFER introduced Commissioner SAN JUAN. She gave an update of the appointment procedure for the inmate attorney panels. The stakeholder conference will take place on October 21, 2019.

SHAFFER stated that Assembly Bill 965 authorizes the California Department of Corrections and Rehabilitation to grant credits regarding an inmate’s Youth Parole Eligibility Date. The implementation period will be delayed, pending the approval of regulations and the introduction of new information technology systems. Other legislation will require the Forensic Assessment Division to administer a standardized risk assessment tool for sex offenders. The FAD already uses the STATIC-99 test.

Report from Chief Deputy of Field Operations, Rhonda Skipper-Dotta At SKIPPER-DOTTA’s request, Associate Chief Deputy Commissioner KELLY FOWLER introduced a new Deputy Commissioner, RYAN HICKEY.

Report from Chief Deputy of Offender Investigations and Screening Division, Brian Kelley KELLEY stated that, under Assembly Bill 2845, the Offender Investigation and Screening Division has reviewed 823 pardon applications, of which 237 are pending. KELLEY introduced Parole Agent II, JAMES CORTEZ.

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Page 2: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

PRESENTATIONS

Overview of the Office of Victim and Survivor Rights and Services, presented by Katie James, Staff Services Manager II, California Department of Corrections and Rehabilitation JAMES gave a presentation and stated that the Victims’ Rights Week will be between April 19 and 25, 2020.

Overview of En Banc Referrals presented by Jessica Blonien, Chief Counsel BLONIEN gave a presentation.

Waivers, Stipulations and Postponements, Presented by Jessica Blonien, Chief Counsel and Sara Puricelli, Staff Attorney BLONIEN and PURICELLI gave a presentation.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, expressed concern about the Governor’s reliance on lack of insight and the circumstances of dropped allegations as grounds for reversing an inmate’s grant of parole.

JAMES BAKER cautioned against releasing dangerous gang members and sex offenders.

Meeting recessed at 2:02 p.m.

October 15, 2019

Meeting called to order at 10:02 a.m.

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

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

EN BANC REFERRALS

Referral to consider for a rescission hearing, pursuant to California Code of Regulations, title 15, section 2450 et seq.

A. LUGO, ANTHONY K08120 No speakers.

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Page 3: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request review of a parole decision by the full board.

B. NASH, LANCE P93348

William LAURELES and Diane LETARTE, inmate’s attorney, supported his release.

C. CARRILLO, JOSE T82837

No speakers.

D. COTA, MARIO P70901

RICHARD SACHS, San Diego County District Attorney’s Office, recommended ordering a rescission hearing.

E. GLASS, DONALD K83800

MARTIN PETERSON, DEBORAH SEIP and ZACHARY DEVINE supported the inmate’s release.

STEVEN DICH, San Diego County District Attorney’s Office, recommended ordering a rescission hearing.

F. HARLEY, LINDA W98031

DONA LEBOWITZ, Los Angeles County District Attorney’s Office, recommended ordering a rescission hearing.

G. RINCON, JOSE K02465

CONNIE LASKY, San Bernardino County District Attorney’s Office, recommended ordering a rescission hearing.

3

Page 4: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

H. THOMPSON, DEBORAH W60151

No speakers.

I. THREATS, MARCUS F16272

RICHARD SACHS, San Diego County District Attorney’s Office, recommended ordering a rescission hearing.

CHRISTINE WARD played a recording of a statement from the victim, KARLIE WATSON, opposing the inmate’s release. She read an opposition letter from the victim’s mother, MYRA WATSON.

J. WILLIAMS, MICHAEL D26967

No speakers.

Referral by a panel member, pursuant to Penal Code section 3041(a)(5) and California Code of regulations, title 15, section 2044(a), to request review of a parole decision by the full board.

K. FIELD, MARSHALL C13607

STEVEN DICH, San Diego County District Attorney’s Office, recommended ordering a re-hearing.

JANICE FERREIRA, inmate’s sister, supported his release.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, asked whether more information might be provided to the public regarding issues discussed in closed session.

Meeting recessed at 10:59 a.m.

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Page 5: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

October 16, 2019

Meeting called to order at 09:35 a.m.

PRESENTATIONS

You Can’t Read the Label from Inside the Jar: Disruptive Truth Bombs about Criminology, Implementation Science, and Real-Word Organizational Change, presented (via remote) by Alexandra Walker, ABD, Director of Community Relations and Strategy at the Alliance for Criminal Justice. WALKER gave a PowerPoint presentation.

Recall and Resentencing Recommendation Program presented by Mike Masters, Correctional Captain, California Department of Corrections and Rehabilitation MASTERS gave a PowerPoint presentation.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, commended the presentations.

DONNA LEBOWITZ, Los Angeles County District Attorney’s Office, stated that the scope of the exceptional-conduct standard, used in recall and resentencing recommendations, is unclear. She questioned the extent of sex offender programming that is available in the institutions

Meeting recessed at 11.37 a.m.

Meeting reconvened at 01.00 p.m.

VICARIOUS TRAUMA presented by Brenda Crowding, Deputy Director of the Office Internal Affairs and the Office of Civil Rights, California Department of Corrections and Rehabilitation CROWDING gave a PowerPoint presentation.

Parole Rescission, presented by Heather McCray, Assistant Chief Counsel and Chris Hoeft, Staff Attorney McCRAY and HOEFT gave a PowerPoint presentation.

Expanded Medical Parole, presented by George Bakerjian, Staff Attorney BAKERJIAN gave a PowerPoint presentation.

Changes to the Panel Attorney Appointment program presented by Jennifer Shaffer, Executive Officer, Steven Mehler and Tara Doetsch, Staff Services Managers, Board of Parole Hearings SHAFFER, MEHLER and DOETSCH gave a presentation.

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Page 6: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, expressed concern at the high inmate suicide rate. She expressed concern at the number of rescissions based on crimes that the inmate denies or allegations that were dropped. She stated that inmates, as well as victims, should have the right to attend extended medical parole hearings.

JILL KLINGE, Alameda County District Attorney’s Office, summarized the difficulties that district attorneys’ offices face in addressing issues arising from Assembly Bill 109.

Meeting recessed at 04:45 p.m.

October 17, 2019

Meeting called to order at 09:02 a.m.

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

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

PRESENTATIONS

Transitional Housing: Past, Present and Future, presented by Jessica Fernandez, Staff Services Manager II, Division of Rehabilitative Programs, California Department of Corrections and Rehabilitation, Estelina Lopez, Parole Agent II, Division of Adult Parole Operations, California Department of Corrections and Rehabilitation and Tiffany Shultz, Assistant Chief Counsel, Board of Parole Hearings LOPEZ, FERNANDEZ and SHULTZ gave a PowerPoint presentation.

Analysis of Comprehensive Risk Assessments Administered in 2018,

presented by Dr. Cliff Kusaj, Chief Psychologist, Board of Parole Hearings

KUSAJ gave a PowerPoint presentation.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, commended the work of

Francisco Homes, San Francisco. She expressed concern that some parolees

are being prevented from visiting entire counties. NELSON-SLOANE welcomed

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Page 7: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

BOARD OF PAROLE HEARINGS Executive Board Meeting

October 14 to 17, 2019

KUSAJ’s presentation. She expressed concern about certain aspects of the

scoring system in the STATIC-99 test.

CONNIE LASKY, San Bernardino County District Attorney’s Office, welcomed

KUSAJ’s presentation. She questioned whether comprehensive risk

assessments address the risks presented by third-strike inmates.

DONNA LEBOWITZ, Los Angeles County District Attorney’s Office, stated that

Immigration and Custom Enforcement holds are being dropped because several

countries do not accept the return of parolees.

ELLEN YATES expressed concern about the high rate of inmate suicides. She

commended WALKER’s presentation.

Meeting recessed at 11:40 a.m.

Meeting called to order at 01:01 p.m.

Institutional Misconduct: Theoretical and Empirical Perspectives, presented by Dr. Lisa Tobin, Psychologist, Board of Parole Hearings TOBIN gave a PowerPoint presentation.

Presentation – Overview of the Substance Use Disorder Treatment Program presented by Diana Toche, Undersecretary, California Department of Corrections and Rehabilitation TOCHE gave a PowerPoint presentation.

OPEN COMMENTS

VANESSA NELSON-SLOANE, Life Support Alliance, noted the correlation between high ratings in comprehensive risk assessments and the number of stipulations.

Meeting adjourned at 03:23 p.m.

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Page 8: October 14, 2019 - CDCR...October 14 to 17, 2019 Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, to request

451 400

344 296

257 250 244 250

212 199 200

207 194

155

0 --,...-------------------------------------------------------~ December 2018 February 2019 April 2019 June 2019 August 2019 October 2019

November 2018 January 2019 March 2019 May 2019 July 2019 September 2019

Month

- SCHED BCKLG

Board of Parole Hearings Scheduled and Backlog Hearings Report

Penal Code Section 3041(d)November, 2019