![]() Section 32 broadly ensures parole consideration for eligible felons, but it does not specify the procedures governing the parole consideration process. 2 In contrast to the trial courts, we conclude the parole regulations do not conflict with the constitutional guarantee of parole consideration or violate due process. 2 Subsequent references to Regulations are to the Code of Regulations. 1 Subsequent references to section 32 are to article I, section 32 of the California Constitution. According to the courts, the parole regulations conflict with section 32’s guarantee of parole consideration and violate prisoners’ procedural due process rights. The courts found the parole regulations are unconstitutional because they do not guarantee the assistance of legal counsel for potential parolees, they do not require in-person parole hearings, and they permit individual hearing officers-rather than multi-member panels-to make parole release decisions. In separate habeas corpus proceedings challenging the parole denials, the trial courts invalidated the parole regulations and ordered new parole consideration proceedings for the petitioners. 15, §§ 2449.1, 2449.3–2449.7, 3490–34932 (hereafter, the parole regulations).) Petitioners Alexei Kavanaugh, Alberto Moreno, and Larry Smith (hereafter, the petitioners) were denied parole release under the procedures established by the parole regulations. (b).) Acting pursuant to this authority, CDCR issued regulations governing early parole consideration for persons serving a determinate sentence for a nonviolent felony offense. (a)(1).)1 It also authorized the California Department of Corrections and Rehabilitation (CDCR) to adopt regulations in furtherance of its guarantee of early parole consideration. I INTRODUCTION In 2016, voters approved Proposition 57, the “Public Safety and Rehabilitation Act of 2016.” Proposition 57 amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense. Angela Bartosik, Chief Public Defender, and Euketa Oliver, Public Defender, for Respondents Alexei Kavanaugh, Alberto J. Piazza, Deputy Attorneys General, for Appellant California Department of Corrections and Rehabilitation. Lindsay, Assistant Attorney General, Amanda J. Xavier Becerra, Attorney General, Phillip J. HC19685 SCD208823) CONSOLIDATED APPEAL from orders of the Superior Court of San Diego County, Howard H. HCN1586 SCN367442) In re LARRY SMITH on Habeas Corpus. "These features adequately safeguard against arbitrary and capricious parole release decisions." Orders granting the petitioners’ habeas corpus petitions were reversed.įiled 2/25/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re ALEXEI KAVANAUGH on Habeas Corpus. CDCR acted within its mandate by enacting the parole regulations." Further, the Court concluded parole regulations required annual parole eligibility reviews, set forth sufficiently definite criteria governing parole release decisions, mandated a written statement of reasons for each parole release decision, and granted prisoners notice of the parole proceeding, an opportunity to submit a written statement to the Board of Parole Hearings (the Board), and the right to seek review of an adverse decision. vests CDCR with authority to adopt regulations in furtherance of its guarantee of parole consideration. The Court of Appeal concluded the parole regulations did not conflict with the constitutional guarantee of parole consideration or violate due process. The courts found the parole regulations were unconstitutional because they did not guarantee the assistance of legal counsel for potential parolees, they did not require in-person parole hearings, and they permitted individual hearing officers to make parole release decisions. ![]() Petitioners Alexei Kavanaugh, Alberto Moreno, and Larry Smith were denied parole release under the procedures established by the parole regulations. In 2016, California voters approved Proposition 57, the “Public Safety and Rehabilitation Act of 2016,” which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense. ![]()
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