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Post-Hearing Review
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All parole decisions at parole hearings are subject to review by the full Board of Parole Hearings (Board) and the Governor. The review period may take up to 150 days, but can happen faster. Victims/survivors have an opportunity to participate in some aspects of the review process.
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Board Review (120 Days)
Decisions made by a Panel at a parole hearing (both grants and denials) are reviewed by the Board’s Legal Division for factual and legal sufficiency. Most hearing decisions are deemed “final,” while a few are reconsidered in “en banc” proceedings before they are finalized. This process may take up to 120 days.
In some cases, victims/survivors may participate in the review process.
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“En Banc” Review:
In some cases, the full Board will reconsider the parole hearing decision at a public meeting – this is called “en banc” review. “En banc” review occurs at the Board’s monthly Executive Board Meetings. A portion of each meeting is open to the public, and participants can join via phone or video, and sometimes in person.
At Executive Board Meetings where the Board conducts “en banc” review, a majority of the Board’s Commissioners must be present. There is a public portion of the meeting, and then the Board goes into a closed (nonpublic) session to deliberate and vote whether to “affirm” (uphold), “modify” (change), or “vacate” (undo) the Panel’s decision.
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Reasons for En Banc Review:
The following circumstances can result in en banc review. In some instances, victims/survivors may participate in the en banc review process.
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En banc review happens if there is a “split decision” – that is, the Panel members at the hearing could not agree whether to grant or deny, or they agreed to deny but could not agree on the appropriate length of the set-off period.
When there is a split decision, the full Board at an Executive Board Meeting will review ONLY the transcript of the hearing and the records considered by the Panel at the hearing.
In this type of case, victims/survivors cannot participate in the en banc review. The Board must limit its review to the transcript and records considered by the hearing Panel. No one is given the opportunity to speak or give statements (although the Board will consider any victim/survivor statements that were provided before or during the parole hearing).
The incarcerated person is not present and does not participate in the Executive Board Meeting.
If the Board’s Chief Counsel finds there was an error of law, error of fact, or there is new information that should be presented to the Board, they will refer the case for en banc review. The full Board at an Executive Board Meeting will review the Panel’s decision and vote to “affirm” (uphold) the decision, “vacate” (undo) the decision and order a new hearing, or “modify” (change) the decision. This can happen when the hearing resulted in a grant or a denial, but most often occurs when the hearing resulted in a grant.
In this type of case, victims/survivors can participate in the en banc review. They can submit written comments before the meeting and/or give public comments during the meeting (by video, by phone, or sometimes in person).
The incarcerated person is not present and does not participate in the Executive Board Meeting, but their attorney or other supporters may make public comments or submit written statements.
The Governor can refer a parole decision back to the Board for reconsideration prior to the person being released. The full Board at an Executive Board Meeting will review the Panel’s decision and vote to “affirm” (uphold) the decision, “modify” (or change) the decision, or refer the case for a rescission hearing where a new Panel will review the case and determine whether the prior decision should be rescinded (undone).
In this type of case, victims/survivors can participate in the en banc review. They can submit written comments before the meeting and/or give public comments during the meeting (by video, by phone, or sometimes in person).
The incarcerated person is not present and does not participate in the en banc review, but their attorney or other supporters may make public comments or submit written statements.
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Victim/Survivor Participation:
Whether victims/survivors can participate in en banc review depends on the type of case and the reason for the review. In cases where participation is allowed, victim/survivors may do one or both of the following:
- Submit a written statement for consideration by emailing it to BPHEXE.BRDMEETING@cdcr.ca.gov. Statements must be received by 10:00 a.m. the day the case is being heard to ensure consideration by the Board. These written comments are given the same consideration as public comments made at the Executive Board Meeting.
- Share public comments (via phone, video, or sometimes in person) during the public comment portion of the meeting. Each person is permitted to speak for up to 2 minutes about their position on the case. To make a public comment, people are encouraged to fill out an electronic “Speaker Card” and submit it to the Board prior to the meeting (though this is not required). Information on submitting a comment or a “Speaker Card” is available here.
Since 2020, some monthly Executive Board Meetings are conducted by videoconference only, in which case there is no option to appear in person.
More information on how to participate in an Executive Board Meeting is available on the Board’s website here.
Note: If an incarcerated person is referred for en banc review, registered victims/survivors will be notified by the Board. OVSRS and other community-based groups can offer support in navigating the en banc process. The notification victims/survivors receive from the Board will include information about how to participate and how to contact OVSRS for support.
Note: For any victim/survivor interested in participating in en banc review, it is helpful to be registered with OVSRS. Information about how to register with OVSRS is available here.
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Outcome of En Banc Review:
Results of Executive Board Meetings are posted on the Board’s website within 24 hours.
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Governor Review (30 Days)
In every case, the Governor has the power to review a parole hearing decision once it is finalized by the Board. This can take up to 30 days after the decision is finalized by the Board (150 days after the parole hearing), but can sometimes happen sooner.
Victims/survivors may send written statements to the Governor’s Office for review.
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In any case, prior to the incarcerated person’s release, the Governor may refer a parole hearing decision to the full Board for en banc review.
In murder cases, the Governor may “affirm” (uphold) the decision, “modify” (change) the decision, take no action and allow the decision to stand, or unilaterally reverse the decision. If the Governor reverses a parole grant, the incarcerated person will be scheduled for a new parole hearing within 18 months from the date of their last parole hearing.
Victim/Survivor Participation:
Victims/survivors may submit letters about a parole case to the Governor’s Office for review.
Because each case follows a different timeline, the Governor’s Office encourages people to submit their letters via email, as soon as possible after the parole hearing, but letters may also be submitted via mail.
- Email the letter to parole@gov.ca.gov.
- Mail the letter to:
Governor’s Office, Attn: Parole and Clemency/Legal Affairs, 1021 O Street, Suite 9000, Sacramento, CA 95814
OVSRS can provide support in submitting letters to the Governor’s Office, and in addressing any issues or concerns about sending correspondence to the Governor’s Office.
Note: For any victim/survivor interested in submitting letters for the Governor’s consideration, it is helpful to be registered with OVSRS. Information about how to register with OVSRS is available here.
Outcome of Governor Review:
Victims/survivors can contact OVSRS to find out the outcome of Governor’s Office review. Contact information for OVSRS is available here.