The 120-day period after a prisoner has been
granted parole gives the full board a chance to review how the hearing panel
that conducted the hearing came to their decision. It also gives the legal arm
of the Parole Board the opportunity to check for errors of fact or law. If new
information is submitted regarding the prisoner after the initial hearing the
chief council can refer the case for an en banc review by the full Hearing
Board.
I sent new information to the BPH but I do not
know in what stage of the process the information was handed over to them. It
was rather late in the game before I was directed to the proper place to submit
the information so it's possible that the legal department had already done its
job.
As was stated in the last post, the allegations I
submitted were included in the package to the Governor for his review. The
Governor had 30 days to make his decision.
On January 27, 2023 the Governor issued his
decision and he decided to refer the case for an en banc review by the full
Hearing Board.
So, what does this mean? An en banc review is
conducted by the full Hearing Board at one of their monthly executive meetings.
As near as I can tell, that review will not necessarily take place at the next
monthly meeting but at the next meeting where the schedule allows.
The en banc review can have three different
outcomes, 1) affirm the original panel's decision, 2) modify that decision or
3) or order a rescission hearing to decide whether the parole grant should be
rescinded.
The information I sent cannot be part of the
official record until the prisoner has had a chance hear the allegations and be
given a chance to explain the differences between what he has told the Hearing
Panel in the past and what I contend is the true story. My hope is that the en
banc review will result in an order to hold a rescission hearing so that my
allegations can become part of the official record.
If the full Board decides to have a rescission
hearing it will not take place for four to six months from the date of the order.
