CONSENT CALENDAR BOARD OF PAROLE HEARINGS

Executive Board Meeting

August 19 & 20, 2019

Meeting Called to Order at: 1:01 p.m.

Roll Call: Commissioners Anderson, Barton, Cassady, Castro, Chappell, Dobbs,

Grounds, Labahn, Long, Minor, Roberts, Ruff, Sharrieff, Schneider, Taira

and Thornton present.

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 RUFF seconded the motion, which carried unanimously, with the

exception of Commissioner Thornton who abstained.

REPORTS

Report from Executive Officer, Jennifer Shaffer SHAFFER introduced Commissioner THORNTON and welcomed her to the Board. Commissioner Thornton was appointed to the Board by Governor Newsom on August 12th . Ms. Thornton served as a deputy commissioner with the Board of Parole Hearings since 2018 and before that served as a senior deputy district attorney and deputy district attorney at the Madera County District Attorney’s Office from 2009 to 2013 and from 2016 to 2017. She also served as a deputy district attorney at the Kings County District Attorney’s Office from 2013 to 2015. SHAFFER also announced that the California Senate confirmed the re-appointment of Commissioners ANDERSON, CASSADY, GROUNDS and RUFF. SHAFFER stated that, following the McGhee decision, the public safety screening criteria will no longer be applied to nonviolent offenders under Proposition 57. The California Department of Corrections and Rehabilitation (CDCR) will be promulgating emergency regulations to implement the McGhee decision for determinately-sentenced nonviolent offenders and a separate set of regulations currently pending before the Office of Administrative Law will be amended to remove the public safety screening criteria for indeterminately-sentenced nonviolent offenders referred to the Board under Proposition 57. The Board has created a factsheet on the nonviolent offender parole processes under Proposition 57. Parole reviews for determinately-sentenced nonviolent offenders who were previously

screened out based on the public safety screening criteria will be will be completed by the end of December, 2019.

Report from Chief Counsel, Jessica Blonien BLONIEN gave an update on the status of litigation concerning the Board. The opening brief in Gadlin was filed on August 15, 2019. The California Supreme Court granted review in Palmer II on January 17, 2019 and briefing has been completed. In Palmer III, review was granted on July 31, 2019 and briefing has not started yet.

Report from Chief Deputy of Program Operations, Sandra Maciel MACIEL gave an update on the progress of the boardroom renovation. It is anticipated that the work will be completed around October 11, 2019. The next executive board meeting will be on September 16 and 17, 2019 at the Department of General Services building in West Sacramento. Maciel also stated that the Board is developing a new program for recruiting and training attorneys to represent inmates through the parole hearing process and is updating the program guide. The rate for panel attorneys will be increased to $750 per case.

Report from Chief Deputy of Field Operations, Rhonda Skipper-Dotta SKIPPER-DOTTA introduced the new Associate Chief Deputy Commissioner, STEVEN MAHONEY.

DISCUSSION ITEM

Regulations Regarding Youth Offenders and Application of Youth Offender Factors, presented by Assistant Chief Counsel, Heather Mc Cray Mc CRAY summarized the regulations.

Commissioner DOBBS moved to approve the regulations. Commissioner ROBERTS seconded the motion, which carried unanimously.

OPEN COMMENTS

JACK BLACKWELL, DWAYNE DELUNA, and WILLIAM LAURELES, former life inmates, described their experiences after release.

JILL KLINGE, Alameda County District Attorney’s Office, noted that today’s closed session concerns articulating a decision under the structured decision-making framework. She stated that a summary of disclosable information presented at the closed session would be helpful.

VANESSA NELSON-SLOANE, Life Support Alliance, thanked Commissioner LABAHN for his service to the Board. She stated that Life Support Alliance is collecting information on the performance of panel attorneys. There is evidence that some attorneys spend insufficient time with their clients. She expressed concern that some attorneys appear to be pressuring their clients to stipulate to unsuitability for parole.

DONNA LEBOWITZ, Los Angeles County District Attorney’s Office, thanked Commissioner LABAHN for his service to the Board. She suggested that information be

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shared regarding the safety of hotels at which panel members, district attorneys, and inmate attorneys frequently stay.

ELLEN YATES thanked Commissioner LABAHN for his service to the Board. She suggested that the Forensic Assessment Division provide inmates with a brief factsheet on the documents that they should take to the clinical assessment interview.

SHAFFER thanked Commissioner LABAHN for his service to the Board

Meeting recessed at 1:48 p.m.

3

BOARD OF PAROLE HEARINGS

Consent Calendar

August 20, 2019

Meeting Called to Order at: 10:04 a.m.

Roll Call: Commissioners Anderson, Barton, Castro, Chappell, Dobbs, Grounds,

Labahn, Long, Minor, Roberts, Ruff, Sharrieff, Schneider, Taira, and

Thornton present. Commissioner Cassady absent.

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. GARCIA, GABRIEL

D91235

GABRIEL GARCIA, applicant, supported his application.

B. IBANEZ, BRENDA

X18698

BRENDA IBANEZ, applicant, and MADELYN IBANEZ, applicant’s daughter,

supported the application.

C. STEFFEN, RICHARD

J01529

No speakers.

D. THOMAS-BLAND, SHANNON

W47697

No speakers.

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

commutation application.

E. BLEHM, KRISTOPHER

AB9529

HUA MEI BLEHM, applicant’s mother, MICHAEL BLEHM, applicant’s father,

CHRISTINA BLEHM and DAN GAITHER supported the application.

4

F. FIGGERS, FANON

H32262

CONNIE LASKY, San Bernardino County District Attorney’s Office, opposed the application.

CHARLES MACKLIN, CHERYL FIGGERS, inmate’s step-mother, DANIEL

FIGGERS, applicant’s father, ELAINE DREW, inmate’s mother, RAVENA

BEAMON, KATHLEEN JACKSON, HELAINE MELNITZER and EARLONNE

WOODS supported the application.

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

recommendation to sentencing court for recall of sentence.

G. LEE, JIMMY

P22551

THOMAS GEDDES, Mendocino County District Attorney’s Office, opposed a recommendation for recall of sentence.

H. ORTIZ, VINCENT (Inmate deceased)

F48588

Not considered

Referral by the Chief Counsel, pursuant to Penal Code section, 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.

I. ANDERSON, CARL

K13503

THOMAS GEDDES, Mendocino County District Attorney’s Office, recommended ordering a re-hearing.

J. NAGGLES, MARCUS

V45781

No speakers.

Referral to consider for a rescission hearing, pursuant to California Code of

Regulation, title 15, section 2450 et seq.

K. GONZALEZ, ANTHONY

BB8330

5

JACOB GONZALEZ, ADELINE GONZALEZ, inmate’s mother, PETE GONZALEZ, inmate’s grandfather, and JILL HOYT supported the inmate’s

release on parole.

AARON WEST, Santa Clara County District Attorney’s Office, recommended ordering a rescission 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.

L. FULLER, KIMBERLEY

K65331

No speakers.

M. SLAYTER, DANIEL

J27536

CARI AQUINO, inmate’s sister, MARCIA SATURNINO, inmate’s mother,

JENNIFER HARREL, victim, supported the inmate’s release on parole.

N. VASQUEZ, JESUS

V68147

No speakers.

OPEN COMMENTS

VANESSA NELSON SLOANE, Life Support Alliance, welcomed the changes to the Board’s website but suggested some improvements. It would be helpful if the hearing results tab contained an overview of the week’s results. Information on the en banc process would also we welcome. NELSON-SLOANE hoped that monthly summaries will be restored to the statistical data tab.

DAVIS SLOANE, former life inmate, described his experiences after release.

Meeting adjourned at 11:42 a.m.

6

600

548

400

257 250 244 250

212 200

207 194

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

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

Month

- SCHED BCKLG

Board of Parole Hearings Scheduled and Backlog Hearings Report

Penal Code Section 3041(d) September, 2019