Attorney Prison Petition for Decision Review Request
The Decision Review per Title 15 CCR Section 2041(h) – review of Life Prisoner Decision. Criteria for disapproval of a decision include a determination by the board the panel made an "Error of Law", or that the panel’s decision was basis of an “Error of Fact”, where the Chief Counsel (or designee) may (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the proposed decision without a new hearing. No decision shall be modified without a new hearing if the decision would be adverse to the inmate's interest
The request must be submitted within the Board’s legal window for review, 120 days from the Parole hearing decision.
LEGAL SERVICE SUMMARY: Attorney will review the transcript of the hearing for any legal errors in the commissioners’ reasoning or actions, as well as a denial length that is excessive. The attorney can suggest the decision be vacated and a new hearing held, if the errors they note could potentially make that decision vulnerable to being overturned by the court, but they can also reduce the denial length. Attorney can request to reduce the length of parole denial; but BPH cannot increase the denial time.
The rate does NOT include any on-site visits. It is not customary nor needed for the attorney to visit the prison for a Petition For Decision Review
The inmate will need to provide the most current psychological evaluation (a.k.a. CRA Comprehensive Risk Assessment) and any other relevant documents, requested by the attorney. The Law Office will have access to the Parole Hearing transcripts, thus the transcript is not needed from the inmate.
The “Attorney Packet”, it contains all the above documents and more. The attorneys are provided this packet by the prison, each time the State Appointed (or private) attorney represents you. If your attorney printed a copy of the [now] electronic attorney packet, you may ask them for the packet AFTER you have completed the hearing. NOTE: most state attorney appointed attorney do not print this packet.
*** FEE ARRANGEMENT: It is $1500 to review all the documents to see if there is merit to ask for a BPH Decision review. It is an additional $1000, if the attorney finds merits to request a Decision Review; legal service will include drafting the Review petition, filing it with the appropriate party in Sacramento, and monitoring to ensure the client receives a Reply from BPH to the Petition for Review.