First, it was White Boy Rick; now the Juice. Jeeze, everybody who's anybody is getting out of prison this month.

I happened to be traveling to Flint for a court date in Genesee County Circuit Court right when OJ's parole hearing was broadcast live, so I was able to listen to the entire proceeding.

The story of OJ's conviction is well known. Although he dodged a double murder conviction in Los Angeles in the mid-1990s, OJ was convicted of armed robbery in Las Vegas, Nevada in 2007, when he bum-rushed a hotel room with several accomplices in a misguided attempt to recover some of his infamous property and memorabilia.

As a criminal defense lawyer listening to the parole hearing, I was well aware of the number one rule when standing in front of a judge at sentencing, or when pleading for release before the parole board: be contrite, be humble, be remorseful.

A parole hearing is not the time to re-argue the facts of your case. But that is exactly what OJ did today during his parole hearing.

After listening to his eldest daughter Arnelle, now 48, extend the traditional message of remorseful contrition toward the three-member parole board panel in Nevada today, I winced as OJ allocuted on his own behalf.

He dove right into his defense, asserting that he had no idea anyone in the room possessed a weapon, much less brandished one. It is now common knowledge that OJ had directed one of his accomplices to "bring the heat".

Although he was visibly intoxicated during the robbery, when asked whether he availed himself of alcohol treatment in the prison -as he promised to do at his last parole hearing in 2013- he confidently stated that he had no problem with alcohol; and further asserted that he led a "conflict-free" life.

These gross misstatements alone can be sufficient to scuttle an inmate's opportunity for parole. In the end, however, OJ's advanced age, -70- his lack of any prior felony convictions, and the fact that he completed his judgment of sentence, was sufficient to obtain an order for his release on October 1, 2017.

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Post #599

From time to time, our appellate clients asking about the parole process.  One way or another, incarceration and parole affects all of us; adding significant costs to maintain our freedom.

An effective criminal justice system depends on the ability of that system to reintegrate the overwhelming majority of convicted felons that have served their bit, back into some semblance of productive society.

The purpose of this post is to explain Michigan's parole process to our readers.  Whether you are a tax paying citizen, or someone with a direct connection to the MDOC, the costs and procedures affect everyone.

Here are the basics...

The Parole Board.
The Parole Board in Michigan was recently reduced in 2011 from 15 members to the current 10 members. The parole board members are appointed by the Director of the Michigan Department of Corrections (MDOC). The Board is the sole paroling authority for felony offenders committed to the MDOC. Members serve 4, 3, and two year terms. Regular meetings are convened by the board to assess and decide parole applications.

The Parole Eligibility Report.
A felony offender must serve the minimum sentence with the MDOC prior to becoming eligible for parole. A Parole Eligibility Report (PER) is prepared on behalf of the applicant by a staff member of the MDOC. This report informs the parole board of the background of an inmate-applicant, and makes sure the applicant's parole file is complete.

The PER also makes recommendations to the parole board for each applicant, taking "misconduct" tickets and the prior criminal record into account. The generation of this report is a critical step in the parole process.

If an applicant has not completed all of the requirements set forth in the judgment of sentence, or if his file is otherwise incomplete, this is noted in the report and parole will be denied.

The Parole Board's staffers use the PER to score a prisoner's parole guidelines. These statutorily-mandated parole guidelines form the backbone of the parole process.

The Parole Interview.
Upon submissions of a prisoner's PER, the prisoner is eligible to participate in an informal and non-adversarial interview with one or more Parole Board members assigned to the prisoner's parole panel. After this interview, a Case Summary Report is generated for the Parole Board's review.
This interview is an excellent opportunity for the prisoner to address members of the board, face-to-face, in order to make a positive impression on his candidacy for parole. The prisoner can address major misconduct tickets, and explain how and when he plans to complete any missing training requirements in order to enhance his eligibility for parole.

Of course, in a perfect world, the prisoner will have completed all required components set forth in his judgment of sentence. This is why good lawyering is so important at the trial phase of the accused's case. Corrections to the presentence investigation report must be made in the lower court as this is the “bible” relative to the prisoner as far as the MDOC is concerned. An inmate will be forced to live within the confines of any errors unless they are corrected on appeal within the timelines set out in the Michigan Court Rules.

Transition Accountability Plan.
Under the Michigan Prisoner Reentry Initiative, the Parole Board and the MDOC are required to formulate a Transition Accountability Plan (TAP) for each prisoner facing parole eligibility.
The TAP serves the dual goals of assisting the prisoner with re-entry into our society, as well as assisting the Board with its parole decision. The TAP identifies specific risk factors for a particular inmate, sets goals relative to minimizing the identified risks, and sets forth a specific plan to help the inmate meet the established goals.

The Parole Board’s Broad Discretion.
In making decisions on parole, the Parole Board has very broad authority to decide the inmate's fate. Nevertheless, the legislature has imposed some restriction on the Board's parole decisions.
For example, the Board must follow the regulatory framework summarized in this post. Also, in no case will a prisoner be granted parole unless and until the Board is satisfied the prisoner will not become, "a menace to society or to the public safety."

In exercising its discretion, the Board takes into account a prisoner's remorse for having committed the offense for which he is incarcerated, his overall mental health, and his "social attitude". A healthy positive attitude is what it takes to achieve parole status; but that is a difficult attitude to acquire and portray from within the grim walls of a prison. The inmate seeking parole must toughen his resolve to acquire and maintain the proper attitude, shutting out all competing negative factors.

Returning to Society.
A prisoner's fate lies squarely within the hands of the Parole Board. At a minimum, the process described above must be followed to the "T". The most important factor beyond having all of one's required sentence components completed, including the payment of restitution, is the adoption and maintenance of a strong positive attitude.

Recidivism is a plague to our society and costs all of us dearly. The Parole Board's job is to identify likely re-offenders and keep them locked-up for the duration of their sentence. This is the cost to society for safety and the enjoyment of our freedom. If the parole process works, prisoners can attain parole, complete parole, and re-join the ranks of law abiding citizens.

Resources.
The Michigan Court of Appeals published an opinion last month, In Re Parole of Raymond Haeger, explaining the nuts and bolts of the parole board in the context of the appellant-prisoner's CSC conviction and failed attempts at parole.

Some attorneys specialize in parole and probation consultations, assisting clients with the preparation and correction of their initial presentence reports, as well as with the parloe process.  Professional Parole Consulting is such an outfit located in Detroit, MI.

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