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Must Be Ready for Clemency Interview

Do you know what is worse than submitting an application for commutation of sentence to the Governor's Office and not hearing anything? Having an interview with the Board of Parole Hearings (BPH) Investigator and then not hearing anything! Many of you have loved ones in this situation.

The truth is that hundreds of men & women in California prisons have experienced just that! Why? Because they were not prepared! You see, when the Governor's Office refers a clemency application to the BPH for investigation, a review of the application and the applicant's central file is conducted to determine whether the information is accurate (e.g., disciplinary-free claims, rehabilitation efforts, educational upgrades, etc.).

If this is substantiated, the BPH Investigator will schedule an interview with the applicant at which time they will query them regarding their insight into criminality. They will begin the interview by explaining that this is not an opportunity to relitigate the facts of the case and that they accept as true the version of the crime as detailed in the court record.

Next, a determination is made whether the applicant takes full responsibility for their criminal actions; demonstrates an understanding of the impact & magnitude their crime has had on direct and indirect victims and society as a whole; exhibits the requisite remorse (i.e., empathy & amends) of a rehabilitated person; and, most importantly, has developed an internalized understanding of the causative factors of their crime(s) and criminality.

Upon satisfaction of these, the Investigator will seek to know that the applicant possesses comprehensive and unique Parole Plans and Relapse Prevention Plans should they be released back into society.

After this, the Investigator will generate their recommendation whether or not to commute the sentence and forward it to the Governor's Office along with a recording of the interview. It is confidential.

This month, the BPH will review the following commutation applications referred to it from Governor Newsom, pursuant to Penal Code 4802:

Tyson Atlas AB0785 (Parole Eligible 9/2031)

Carlos Cano P07818 (LWOP)

Raul Chavez F77990 (Parole Eligible10/2026)

Martin Loftis H51235 (LWOP)

Gregory Sanders C38274 (LWOP)

Will they be prepared for their interview? Who knows? Has your loved one submitted an application for commutation with the Governor's Office without any response and a year or more has elapsed without contact from the BPH for an interview? It is likely that the Governor's Office has passed on the application as it was lacking. The same goes for the interview.

Beware & Be informed! There are many unscrupulous individuals taking advantage of desperate family and friends of incarcerated individuals. Posse Solutions LLC has produced a video from a recent Zoom presentation detailing what is necessary to be successful and more! It's FREE!

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