BACKGROUND INFORMATION
Date of Study: March 7, 2016 – March 11, 2016
Collective Bargaining Identification: R02
Job Analysis Conducted By: Jolene Casillas, Office of Workforce Planning, Department of Corrections and Rehabilitation
Number of Incumbents: There are 28 incumbents in the Administrative Law Judge I and 4 incumbents in the Administrative Law Judge II classification per the State Controller’s Office Filled/Vacant Position Report dated March 1, 2016.
EDITED TASK LISTING
NOTE: Each position within this classification may perform some or all of these tasks.
Task Statements:
1. Conduct quasi-judicial hearings to determine if inmates are suitable for parole using California Code of Regulations Title 15 (CCR Title 15), Penal Code and Case Law as required.
2. Establish appropriate prison terms to calculate the approximate length of prison terms using regulatory matrix and applicable case law as required.
3. Conduct fact-finding investigations for decision review purposes to ensure all relevant information is considered utilizing CCR Title 15, Penal Code, departmental policies and practices, Offender’s Central File as required.
4. Conduct settlement and pre-hearing requests to negotiate and agree upon dispositions using CCR Title 15, Penal Code, departmental policies and practices, etc. for parole revocation terms as needed.
5. Rule on prehearing motions including postponements, waivers and stipulations for inmates and parolees due to circumstances that preclude the hearing from being conducted using CCR Title 15, Penal Code and departmental policies and practices as required.
6. Review petitions from inmates to determine if their next parole suitability hearing can be advanced utilizing CCR Title 15, Penal Code and departmental policies and practices as required.
7. Advance parole dates for inmates found suitable for parole based upon positive behavior in prison utilizing CCR 15 and departmental policies and practices as required.
8. Rescind parole dates for inmates found suitable for parole based upon negative behavior in prison or given an improvident grant utilizing CCR 15, departmental policies and practices and Case Law as required.
9. Sit on special panel hearing cases recommended for further action by the Division of Adult Parole Operations to determine if discharge off parole is appropriate utilizing CCR Title 15 and departmental policies and practices as needed.
10. Review administrative procedures and regulations used within the Board of Parole Hearings (BPH) to ensure compliance with departmental policies utilizing CCR Title 15 and Case Law as directed.
11. Recommend changes to administrative procedures and regulations used within BPH ensure compliance with departmental policies utilizing CCR Title 15 and Case Law as directed.
12. Identify and reports on problems or situations relating to policies or procedures of the Department as they relate to BPH to ensure protocols, policies, and laws are adhered to as needed.
13. Conduct youth offender parole suitability hearings to determine if youth offenders are suitable for parole using CCR Title 15, Penal Code, and Case Law as required.
14. Conduct medical parole hearings for inmates with serious medical conditions to determine if placement in the community is appropriate utilizing Case Law and departmental policies and practices as required.
15. Determine whether parolees should be discharged from their parole term utilizing CCR Title 15, Penal Code, Case Law and departmental policies and practices as required.
16. Conduct proceedings for mentally disordered offenders and sexually violent predators to determine if they meet the appropriate criteria for mental health treatment after release from prison utilizing CCR Title 15, Penal Code, Case Law, Welfare and Institutions Code, departmental policies and practices as required.
17. Review and schedules cases for hearings for parolees pending revocation utilizing CCR Title 15, Penal Code, Case Law and departmental policies and practices as needed.
18. Review inmate and parolee appeals regarding BPHs’ decisions and CDCR’s decisions on good time credits and the length and conditions of parole utilizing CCR Title 15, Penal Code and departmental policies and practices as required.
19. Administer various proceedings (e.g. oaths, explains rights, rules on objections) to ensure due process rights are met utilizing CCR Title 15, Penal Code, Case Law and Departmental policies and practices as required.
20. Obtain lay and expert testimony at hearings to ensure due process rights are met utilizing CCR Title 15, Penal Code, Case Law and Departmental policies and practices as required.
21. Determine appropriate decisions and sanctions to be imposed based on evidence provided to ensure due process and public safety are met utilizing CCR Title 15, Penal Code and departmental policies and practices as required.
22. Review the length and/or appropriateness of prison sentences imposed by the courts for identified inmates for possible release utilizing departmental policies and practices and Case Law as required.
23. Conduct post-hearing interviews in various cases to share information with stake holders utilizing CCR Title 15, Penal Code and departmental policies and practices as required.
24. Represent BPH in case planning to assign and schedule workload for various administrative reviews utilizing Parole Violation Disposition Tracking System, Board Information Technology System, etc. as required.
25. Guide the institution classification staff screening of cases for hearing by BPH to ensure jurisdiction is appropriate utilizing CCR Title 15, Penal Code and departmental policies and practices as required.
26. Participate in policy sessions to determine how changes in the law should be implemented utilizing subject matter expertise as required.
27. Represents the BPH in staff, administrative and professional conferences to inform community interests groups utilizing subject matter expertise when needed.
28. Conduct special studies and create reports to have information readily available using subject matter expertise under management’s directives as needed.
29. Perform legal research and analysis on various subjects to ensure current practices and procedures are in compliance with the law utilizing CCR Title 15, Penal Code, Case Law and departmental policies and practices as required.
30. Give legal advice to Board of Parole Hearings Legal Department after reviewing case files and consider all applicable rules and laws to ensure BPH is in compliance with State and Federal guidelines utilizing CCR Title 15, Penal Code, Case Law and departmental policies and practices as required.
EDITED KSAPC LISTING
NOTE: Each position within this classification may perform some or all of these KSAPCs.
Knowledge of:
K1. Basic knowledge of purpose, activities and responsibilities of the Board of Parole Hearings (BPH) and the Department of Corrections and Rehabilitation (CDCR) to conduct lawful parole proceedings.
K2. Comprehensive knowledge of laws and court decisions pertaining to the functions of the BPH and the CDCR as it relates to criminal proceedings in order to make informed decisions.
K3. Comprehensive knowledge of principles, techniques and trends in administrative due process of law to be an effective hearing officer.
K4. Comprehensive knowledge of functions and procedures of the court system of the State of California and law enforcement agencies as related to criminal offenders.
K5. Basic knowledge of computer applications (e.g., Microsoft word, Outlook, Excel, etc.) to perform daily work assignments.
KSAPCs highlighted in bold text are not currently on the SPB classification specification
Ability to:
A1. Identify, investigate, and report on problems or situations relating to the policies or procedures of the Department of Corrections and Rehabilitation (CDCR) as they relate to the Board of Parole Hearings (BPH) to ensure efficiency, fairness and due process in proceedings.
A2. Apply legal principles, evidence and precedents to legal matters in order to render decisions.
A3. Make accurate summaries of evidence and prepare recommendations in order to render decisions.
A4. Interpret and apply laws, regulations and policies pertaining to the functions of the BPH and the CDCR to conduct proceedings.
A5. Evaluate psychological and psychiatric reports in hearing proceedings in order to render decisions.
A6. Extract pertinent facts and data from offenders’ files to present them in a clear, concise manner to make sound written and verbal decisions.
A7. Conduct a fair and impartial proceeding which includes gathering relevant information and prepare appropriate findings and rendering decisions.
A8. Establish and maintain cooperative working relationships with private and community agencies, officials and staff members to ensure operational needs are met.
A9. Analyze situations and take effective action to ensure proceedings are conducted efficiently.
A10. Gather, record, and evaluate pertinent and meaningful statistics and reports to prepare recommendations.
A11. Communicate effectively orally and written to exchange information and/or provide assistance to others.
Personal Characteristics:
PC1. Demonstrated understanding of policies and regulations of the Board of Parole Hearings and the Department of Corrections and Rehabilitation.
PC2. Willingness to travel throughout the State on short notice.
PC3. Willingness to work long hours as required.
PC4. Tact, high moral standards, patience, and emotional stability to represent the board.
KSAPCs highlighted in bold text are not currently on the SPB classification specification