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Denied at Board? No Worries... Take Advantage of the PTA!

Following a parole consideration hearing resulting in a denial of parole or a stipulation of unsuitability, the prisoner may file a BPH Form 1045-A Petition To Advance Hearing Date (PTA) requesting that the board advance the date of the inmate's next parole consideration hearing. The prisoner may file a subsequent PTA once every three years from the date of the board's previous denial. (15 CCR §2150 (a).)


The PTA should document a “change in circumstances or new information since the date of the inmate's most recent hearing resulting in a denial or stipulation of unsuitability”; and “how the change in circumstances or new information establishes a reasonable likelihood that consideration of the public safety does not require that the inmate remain incarcerated until the date of his or her next parole consideration hearing.” (15 CCR §2150 (b).)


BPH staff shall review the PTA within 10 business days of receipt to determine jurisdiction (i.e., compliance with 15 CCR §2150 (a)). Within 5 business days of determining jurisdiction, the BPH shall notify registered victims of the board's pending review on the merits and provide an opportunity to submit a written statement. (15 CCR §2155 (a).) Responses to the board under this section must be in writing and postmarked or electronically stamped no later than 30 calendar days after the board issued the notification. (15 CCR §2155 (b).) Within 15 business days of the conclusion of the notification process described under section 2155, a commissioner or deputy commissioner shall, as a hearing officer, conduct a review on the merits and determine whether the date of the inmate's next parole consideration hearing should be advanced. (15 CCR §2156 (a).)


After reviewing and considering all relevant and reliable information, the hearing officer shall determine whether the date of the inmate's next parole consideration hearing should be advanced. If the hearing officer determines there has been a change in circumstances or new information that establishes a reasonable likelihood that consideration of the public and the victim's safety does not require that the inmate remain incarcerated until the date of his or her next parole consideration hearing, the hearing officer shall advance the date of the inmate's next parole consideration hearing. In the absence of such a determination, the date of the inmate's next parole consideration hearing shall not be advanced. (15 CCR §2156 (e).) The hearing officer shall issue a written decision that includes a statement of reasons supporting the decision. A copy of the decision shall be served on the inmate and placed in the inmate's central file within 15 business days of being issued. (15 CCR §2156 (f).)


Accordingly, the advancing of a hearing date hinges upon whether there is a change in circumstances or new information since the date of the denial or stipulation of unsuitability and how the change in circumstances or new information establishes a reasonable likelihood that consideration of the public safety does not require that the inmate remain incarcerated until the date of his or her next parole consideration hearing. The prisoner should conduct a similar analysis prior to submitting their PTA since they will be barred from submitting an additional PTA for 3 years. This is not a difficult analysis; however, it should not be taken lightly.


A review of the Decision portion of the parole hearing transcript should be conducted to identify each stated reason the panel found that the prisoner poses an unreasonable risk to public safety and unsuitable for parole. The prisoner should be sure to enroll in all of the courses, classes, and groups they can find to not only obtain the certificate and/or chrono, but more importantly, the KNOWLEDGE and UNDERSTANDING. Only after completing these courses should the prisoner submit their PTA with this documentation attached. Follow these steps to increase the odds for success and get prepared for the next hearing!

(Editor’s Note: Be sure to prepare a PTA that is has an opportunity for success. Learn more about this process and our PTA preparation services by contacting Posse Solutions, LLC, at the address below. Or have your family/friends contact us at www.possesolutions.com. We are here to help YOU!)


Would you like to learn more about how to prepare your loved one for their parole suitability hearing? We can help. Learn about the process and what it takes to obtain a grant of parole from someone who has received one at the first hearing! Email us at info@possesolutions.com for more information. #BPH #parolesuitability #rehabilitation #insight #remorse #paroleplans #relapsepreventionplans #remorse #responsibility




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