Board of Parole Hearings

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Why murderers sometimes make model inmates

madamepsychosis

By Joaquin Palomino

When you look at the numbers, many long held truths about crime crumble. Like this one: who do you think is more likely to become a life-long criminal: a rapist or a car thief?

It turns out those who commit the most serious crimes actually re-offend at lower rates. Murderers have the lowest recidivism rate out of any California prisoner. Why is that?  Over the next couple days, we’ll spend time talking about a population called “Lifers.” They’re inmates, usually convicted of murder, who’ve been sentenced to life with the possibility of parole. In the first part, KALW’s Joaquin Palomino explores why lifers are so different than other inmates.

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Are eligible parolees dying in prison?

Right now, there are 17,000 inmates in California prisons serving life with the possibility of parole. For years, no one has really known how many of these prisoners are dying before they are paroled. And, it’s taken a Public Records Act request by a reporter to find out.

Nancy Mullane is a frequent KALW reporter and recent winner of the Edward R. Murrow award for Best Documentary for her reporting on lifers in California. Her documentary is Act One in This American Life’s Long Shot episode. Mullane sat down with KALW’s News Director, Holly Kernan yesterday to talk about what this new data means. Transcript after the jump.

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Governor Brown takes 180-degree turn on parole for lifers

Nancy Mullane

rnest Morgan being greeted by his mother Hilda McCline on 5/12/11.

While many prisoners ask to be released for medical reasons, others seek to get out because they have turned their lives around, even when they’ve committed the worst possible crimes.

Often though, those serving time for murder, for example, are denied parole, even if they’re eligible. That’s because for 20 years, the Governor’s office has had the authroity to reverse parole decisions and keep those offenders in prison, even if they were approved for release on parole. And that has been the trend, until now.

Since he took office a little over five months ago, Governor Jerry Brown is allowing the parole board’s decision to stand for 80% of lifers found suitable to be released. That’s a significant shift, a reversal of the policies of the past four governors, who cancelled or reversed the parole for 8 out of every 10 lifers found suitable for parole by the governor’s own parole board.

KALW’s Nancy Mullane has been following the stories of prisoners inside San Quentin State Prison who are serving life sentences for murder. Yesterday, she sat down with KALW’s Hana Baba for an in-depth look at the issue. (Transcript after the jump.)

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First inmate eligible for medical parole denied

CDCR

[UPDATE 6:34 PM: Steve Martinez was denied medical parole by the state Board of Parole Hearings around 5.30 pm today. The board rejected his application based on public safety concerns given Martinez's history of violence towards women.]

Somewhat lost in the frenzy over the Supreme Court’s ruling yesterday that California will have to relieve its prison overcrowding problem, is today’s debut of a new law aimed at reducing the prison’s $10-billion budget: medical parole. Medical parole is a practice used in some other states, but it came to California recently, in the form of a bill introduced by State Senator Mark Leno (Dem, San Francisco). The bill, aimed at “medically incapacitated inmates,” could take as many as 40 of the state’s most expensive inmates out of prison, saving California up to about $10 million a year. Today is the first scheduled medical parole hearing for an inmate: Steve Martinez, an inmate with a nasty criminal history, will be considered for release to the custody of his parents. SignOnSanDiego sums up Martinez’s history:

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The politics of paroling murderers

Ali Winston

Governor Jerry Brown has departed from his predecessors on a hot-button political issue.

Governor Jerry Brown has taken a much different tack than his predecessors when it comes to one of the most fiery political issues in the criminal justice arena: paroling murderers. Mainly, Brown is allowing more “lifers”–those sentenced to life-in-prison with the possibility of parole–out of prison than any governor in recent history. According to papers dug up by the Sacramento Bee in April, in the first quarter of the year, Brown let 106 out of 130 parole decisions allowing people convicted of murder stand–that’s 82 percent:

Brown’s deference to the state Board of Parole Hearings is in contrast to his predecessors, who more aggressively used their power to overturn parole grants.

Gov. Arnold Schwarzenegger let stand only about 27 percent of parole decisions. Gov. Gray Davis was even less lenient, letting only nine of 374 paroled killers out of prison while he was governor.

One of those benefitting from Brown’s parole philosophy is Ernest Morgan, who was freed from San Quentin State Prison yesterday morning. Morgan has been in prison since he was 18 for second degree murder of his stepsister. He’s now 42 and according to prison officials, has spent his time in prison reforming himself. Schwarzenegger repeatedly denied Morgan parole–citing the heinous nature of his offense–but Brown declined to review the decision to let him out.

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Thirty years for freedom: the story of a lifer

Nancy Mullane

Noel Valdivia leaving San Quentin in July 2010.

By Nancy Mullane

Governor Jerry Brown will face the task of appointing up to six new members to the state parole board. It could mean a big shake-up – the board is comprised of 12 members for adult convicts, and five for juveniles. They decide whether inmates are a threat to society or if they’ve reformed. California has more than 28,000 inmates who are serving sentences of life with the possibility of parole. And right now, when they seek parole, more than 95% are denied.

But there’s an interesting paradox, here: lifers who are paroled have the lowest recidivism rate; less than 5% of them reoffend. And because the state denies their freedom, many lifers appeal their cases to federal courts.

That’s what Noel Valdivia did. And after serving nearly 30 years for murder and attempted robbery, he was granted his freedom by a federal district judge. Now, a ruling by the Supreme Court cuts off the federal courts as a path to freedom. In this story, KALW’s Nancy Mullane and Holly Kernan spoke to Valdivia about his experiences–and with his attorney about how the Supreme Court’s ruling will impact lifers. (Story above; transcript after the jump.)

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Why are so few ‘lifers’ paroled?

Rupert Ganzer

In California, there are two versions of the criminal sentence “life in prison.” One offers the possibility of parole, the other does not. Similarly, there are two ways to get out of prison on parole. The average inmate serves his or her predetermined sentence and when let out, automatically becomes a parolee. For someone in prison on a sentence of “life with the possibility of parole,” the inmate must be found eligible for release by the Board of Parole Hearings. And apparently, that just doesn’t happen too often.

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