Job Analysis

JOB ANALYSIS: DEPUTY COMMISSIONER, BOARD OF PRISON TERMS

BACKGROUND INFORMATION

Date of Study: June 30, 2008 – July 2, 2008

Collective Bargaining Identification: R02

Job Analysis Conducted By: Tish Caldwell, Selection Analyst, Office of Workforce Planning and Selection

Number of Incumbents: There are 63 incumbents in this classification per Department of Corrections Filled/Vacant Position Report dated July 2008.

EDITED TASK LISTING

NOTE: Each position within this classification may perform some or all of these tasks.

Task Statements:

1.  Participates in parole suitability hearings for inmates sentenced to life with the possibility of parole to determine suitability for release on parole utilizing written central file information, statements made by hearing participants and applicable case law whenever an inmate is within twelve months prior to Minimum Eligible Parole Date (MEPD) and thereafter in intervals of one to five years if found unsuitable.

2.  Participates in parole suitability hearings for inmates sentenced to life with the possibility of parole to calculate the appropriate length of prison term utilizing a regulatory matrix and applicable case law when deemed suitable for release on parole.

3.  Participates in parole suitability hearings for inmates sentenced to life with the possibility of parole when denied parole to calculate the number of years (1 year5 years) before next subsequent suitability hearing utilizing statutory guidelines and applicable case law whenever deemed unsuitable for release on parole.

4.  Participates in parole suitability hearings for inmates sentenced to life with the possibility of parole to prepare a statement supporting your independent decision for en banc review utilizing discretionary authority and applicable case law when a split decision occurs.

 5.  Participates in documentation hearings for inmates sentenced to life with the possibility of parole to review inmate’s institutional program and adjustment as it applies to readiness for parole utilizing written central file information, statements made by inmate and applicable case law at three years after life term commences.

6.  Participates in documentation hearings for inmates sentenced to life with the possibility of parole to make recommendations for programming and release plans utilizing written central file information, statements made by inmate and applicable case law at three years after life term commences.

7.  Participates in documentation hearings for inmates sentenced to life with the possibility of parole to create a written record which documents inmate’s readiness for parole and programming recommendations utilizing written central file information, statements made by inmate and applicable case law at three years after life term commences.

8.  Participates in progress hearings for inmates sentenced to life with the possibility of parole who have been found suitable for parole to determine if the parole date should be advanced and adjust credits as deemed appropriate utilizing written central file information, statements made by inmate and applicable case law at prescribed intervals.

9.  Participates in progress hearings for inmates sentenced to life with the possibility of parole who have been found suitable for parole to determine if a rescission hearing is warranted based on inmate’s behavior since the last hearing utilizing written central file information, statements made by inmate and applicable case law at prescribed intervals.

10.  Participates in three year review of five year denial proceedings for inmates sentenced to life with the possibility of parole who have been denied parole and given a five year denial to create a written record documenting the reasons the denial period should be advanced to the fourth year or remain unchanged utilizing written central file information and applicable case law after three year denial period.

11.  Participates in three year review of five year denial proceedings for inmates sentenced to life with the possibility of parole that have been denied parole and given a five year denial to determine if the denial period should be advanced to the fourth year or remain unchanged utilizing written central file information and applicable case law after three year denial period.

12.  Participates in rescission hearings for inmates sentenced to life with the possibility of parole that have been found suitable for release to determine whether the inmate engaged in conduct that warrants rescission utilizing written central file information, statements and testimony made by hearing participants and applicable case law as required.

13.  Participates in rescission hearings for inmates sentenced to life with the possibility of parole that have been found suitable for release to determine whether the decision to grant was based on error utilizing written central file information, granting hearing transcript, applicable case law and any related relative information as required.

14.  Participates on special life hearing panels such as serious offender hearings and Penal Code 3000.1 hearings to determine suitability for release utilizing written information, statements made by hearing participants and applicable case law as needed.

15.  Conducts due process review in all parole proceedings for parolees and inmates in parole proceedings to ensure procedural due process in accordance with applicable statutes, regulations and case law by reviewing all information available and applicable case law at all parole proceedings.

16.  Finds fact in parole proceedings to render decisions by weighing evidence and applying applicable case law when determination of responsibility is necessary.

17.  Renders dispositions following fact finding in parole proceedings to determine the appropriate sanction by considering case factors, public safety and applicable case law when presented with circumstances requiring decisions and outcome.

18.  Rule on postponements of hearings for state, inmates and parolees due to circumstances that preclude the hearing from being conducted utilizing applicable statutes, regulations and applicable case law whenever required.

19.  Determines legal authority for BPH to take an action by reviewing the hearing documents presented and case records information, utilizing statutes, regulations and policy, prior to conducting any parole proceeding.

20.  Determines disability and effective communication needs of inmates and parolees to comply with the Americans with Disabilities Act (ADA), as defined by the Armstrong remedial plan utilizing the hearing documents presented, information provided by inmate and attorney, and California Department of Corrections and Rehabilitation (CDCR) ADA database prior to all board hearings.

21.  Documents all decision making by the Deputy Commissioner as required by law to create a record for hearing participants and future actions utilizing a written or electronic format when conducting any parole proceeding.

22.  Determines probable cause whether to detain/hold a parolee suspected of committing a violation of parole to comply with due process of law utilizing case factors and public safety criteria when conducting any parole proceeding.

23.  Determines whether special conditions of parole are appropriate for parolees and inmates to deter future criminal behavior utilizing case factors and public safety when necessary in parole proceedings.

24.  Determines whether a remedial or intermediate sanction is appropriate for all parolees charged with parole violations to comply with the case law (Valdivia) utilizing case factors and public safety criteria at every step in the parole revocation process.

25.  Conducts parole return to custody assessments (RTCA) for parolees charged with parole violations to determine whether there is probable cause to maintain/place the parole hold and whether there is justification to retain parolee in custody pending final adjudication of the parole violation utilizing revocation packets when presented with a parole violation report by Division of Adult Parole Operations (DAPO).

26.  Conducts parole RTCA for parolees charged with parole violations to determine whether there is probable cause on each charge by analyzing information contained in the revocation packets when presented with a parole violation report by DAPO.

27.  Conducts parole RTCA for parolees charged with violating parole when probable cause is found to determine length of return to custody period if a remedial or intermediate sanction is not appropriate utilizing case factors and public safety criteria when presented with a parole violation report by DAPO.

28.  Conducts parole RTCA for parolees charged with violating parole when probable cause is not found to dismiss charges and order hold removal utilizing revocation packets when presented with a parole violation report by DAPO.

29.  Schedule probable cause hearings (PCH) for all parole violators whose violation charges have not come to final disposition at the RTCA to continue parole proceedings utilizing case factors and public safety criteria at conclusion of RTCA.

30.  Conducts PCH for parolees charged with parole violations to determine whether there is probable cause on each charge by analyzing information contained in the revocation packets and information presented by parolee and counsel when scheduled for PCH.

31.  Conducts PCH for parolees charged with violating parole when probable cause is found to negotiate a confinement period if a remedial or intermediate sanction is not appropriate utilizing case factors and public safety criteria when scheduled for PCH.

32.  Conducts PCH for parolees charged with violating parole when probable cause is found to negotiate a remedial or intermediate sanction when appropriate utilizing case factors and public safety criteria when scheduled for PCH.

33.  Conducts PCH for parolees charged with violating parole when probable cause is not found on all charges to dismiss charges and orders parole hold removal utilizing revocation packets and information presented by parolee and counsel when scheduled for PCH.

34.  Rule on all objections raised by parolee as required by the U.S. Constitution in accordance with applicable statutes, regulations, board policy and case law to adjudicate any outstanding issues raised by the parolee utilizing revocation packets and information presented by parolee and counsel when occurring at PCH or revocation hearings.

35.  Determines the relevant witnesses in preparation for the revocation hearing to provide testimony using all available information when there is no disposition reached at the PCH.

36.  Schedule revocation hearings for all parole violators whose violation charges have not come to final disposition at the PCH to continue parole proceedings utilizing case factors and public safety criteria at conclusion of PCH.

37.  Conducts revocation hearings for parolees charged with parole violations to determine whether there is good cause on each charge by analyzing information contained in the revocation packets, information presented by parolee and witness testimony when scheduled for revocation hearing.

38.  Conducts revocation hearings for parolees charged with violating parole when good cause is found to determine a confinement period if a remedial or intermediate sanction is not appropriate utilizing information contained in the revocation packets, information presented by parolee and witness testimony when scheduled for revocation hearing.

39.  Conducts revocation hearing for parolees charged with violating parole when good cause is found to impose a remedial or intermediate sanction when appropriate utilizing information contained in the revocation packets, information presented by parolee and witness testimony when scheduled for revocation hearing.

40.  Conducts revocation hearing for parolees charged with violating parole when good cause is not found on all charges to dismiss charges and orders parole hold removal utilizing information contained in the revocation packets, information presented by parolee and witness testimony when scheduled for revocation hearing.

41.  Conducts various Mentally Disordered Offender hearings for parolees and inmates to determine if individual meets statutory criteria under PC 2962 by evaluating documents and testimony as necessary.

42.  Determines probable cause for parolees and inmates to place hold under Welfare and Institution code section 6600 to permit review by county for Sexual Violent Predator civil proceedings by evaluating information as necessary.

43.  Conducts various Civil Addict proceedings for patients committed under Welfare and Institution Code sections 3050, 3051, 3100 to determine treatment level by evaluating documents and testimony as necessary.

44.  Conducts discharge reviews for parolees and inmates to determine if continued parole supervision is in the best interest of the inmate and community using documentary information as necessary.

45.  Suspends parole period for parolees to order a warrant for arrest using verbal and written information when parolee becomes unavailable for supervision or is suspected of violating conditions of parole.

46.  Orders a warrant to be issued as a detainer for parolees arrested outside of the state of California without permission in order to initiate extradition proceedings using verbal and written information when required.

47.  Reinstates parole period for parolees to resume credit earning against the parole period using written documentation when parolee becomes available after parole has been suspended.

48.  Reviews BPH administrative procedures and regulations to recommend changes utilizing alternative strategies when problems or situations relating to policies or procedures occur.

49.  Represents the Board of Prison Terms in multi-agency and inter-divisional work groups to assure the Board’s interests are considered utilizing subject matter expertise when required.

50.  Reviews calendar for assignment in order to be apprised of changes and to allow for travel utilizing assignment calendar and electronic media on a daily basis. 51. Represents the BPH in staff, administrative, and professional conferences to inform community interests groups utilizing subject matter expertise when required.

Tasks highlighted in bold text are not currently on the SPB classification specification

EDITED KSAPC LISTING

NOTE: Each position within this classification may perform some or all of these KSAPCs.

Knowledge of:

K1.  Extensive knowledge of purposes, activities, and responsibilities of the Board of Parole Hearings (BPH) (formerly Board of Prison Terms) and the Department of Corrections and Rehabilitation (CDCR) (formerly Department of Corrections) to conduct lawful parole proceedings.

K2.  Extensive knowledge of statutes, regulations, policy and case law pertaining to the functions of BPH and CDCR to conduct lawful parole proceedings.

K3.  Extensive knowledge of principles, techniques, and trends in administrative due process of law to be an effective hearing officer.

K4.  Extensive knowledge of functions and procedures of the court system of the State of California and law enforcement agencies as related to criminal proceedings in order to make informed decisions.

K5.  General knowledge of department’s mission and objectives to maintain a professional work environment.

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 California Department of Corrections and Rehabilitation (CDCR) (formerly Department of Corrections) as they relate to the Board of Parole Hearings (BPH) (formerly Board of Prison Terms) to improve operations.

A2.  Interpret and apply statutes, regulations, policy and case law pertaining to the functions of the BPH and the CDCR and the rules of the BPH and CDCR to conduct lawful parole proceedings.

A3.  Evaluate sociological, psychological, psychiatric, and vocational finding and recommendations to make informed decisions.

A4.  Extract from case records pertinent facts and data and present them in a clear, concise manner to avoid errors.

A5.  Conduct fair and impartial hearings to make appropriate findings.

A6.  Establish and maintain cooperative working relationships with private and community agencies, officials, and staff members to create a professional and positive work environment.

A7.  Gather, record, and evaluate pertinent and meaningful statistics and reports to complete special assignments.

A8.  Communicate effectively to have valuable dialogue.

A9.  Weigh evidence to determine the truth of a matter.

A10.  Weigh case factors to make an appropriate decision.

KSAPCs highlighted in bold text are not currently on the SPB classification specification

Special Personal Characteristics:

SPC1.  Demonstrated interest in the correctional system for adult offenders to achieve departmental objectives.

SPC2.  Demonstrated understanding of the goals of the BPH and the CDCR to effectively support the mission.

SPC3.  Willingness to travel throughout the State to be available for scheduled hearings.

SPC4.  Willingness to work long hours to meet hearing mandates.

SPC5.  Tact, high moral standards, patience, and emotional stability to maintain a professional atmosphere.

KSAPCs highlighted in bold text are not currently on the SPB classification specification

Willingness to:

W1.  Willingness to abide by and adhere to safety policies and provisions (e.g., wear personal alarm, carry whistle, etc.) applicable to specific work assignments.

W2.  Willingness to comply with annual tuberculosis screening requirements.

W3.  Willingness to abide by and adhere to the institutional dress code.

W4.  Willingness to comply with departmental training requirements.

W5.  Willingness to report dangerous situations/contraband to supervisors and/or custody staff.

W6.  Willingness to work in a State correctional facility at various custody/security levels.

W7.  Willingness to visit State or County correctional facilities as part of your assigned duties.

W8.  Willingness to work in various mental health settings and programs within the institution.

W9.  Willingness to work with inmates/parolees, including some who may be mentally ill, developmentally disabled, potentially dangerous, and/or sex offenders.

W10.  Willingness to work with inmates/parolees, including some who may be infected with contagious diseases such as Hepatitis C, HIV/AIDS, or tuberculosis.

W11.  Willingness to work around peace officers armed with chemical agents and/or weapons.

W12.  Willingness to work with potentially hostile and/or aggressive inmates and patients.

W13.  Willingness to participate in departmental legal activities (e.g., serve as an expert witness or material witness, serve as a defendant, etc.).

W14.  Willingness to actively participate in the peer review and clinical quality review process.

W15.  Willingness to participate in the audit process of decision making.

W16.  Willingness to provide instruction or oversight regarding departmental policies, procedures, standards, and practices to other employees, outside consultants, and/or members of the public.

W17.  Willingness to report unethical and/or illegal behavior on the part of departmental staff.

W18.  Willingness to treat inmates/parolees in a professional, ethical, and tactful manner.

W19.  Willingness to train and serve in a lead role over staff.

W20.  Willingness to accept constructive criticism and respond appropriately.

W21.  Willingness to respond to changes in the work unit in a positive, professional manner.

W22.  Willingness to promote positive, collaborative, professional working relations among co-workers both within and outside of the work unit.

W23.  Willingness to work professionally with individuals from a wide range of cultural backgrounds.

W24.  Willingness to interact with individuals (i.e., members of the public, contractor staff, and other agency personnel) from a wide range of cultural backgrounds in the course of completing work tasks and assignments.

W25.  Willingness to participate in team meetings, committees, special projects, etc. as required and/or assigned by your supervisor/manager.

W26.  Willingness to work in a team environment to complete assigned work tasks.

W27.  Willingness to have and maintain sufficient strength, agility, and endurance to perform during stressful situation encountered on the job.

W28.  Willingness to drive a departmental vehicle for part or your entire assigned shift.

W29.  Willingness to have and maintain a valid California driver’s license appropriate to the type of vehicle your work duties require you to drive.

W30.  Willingness to work at remote sites and locations alone or with very little interaction with others.

W31.  Willingness to bend, stoop, climb stairs, push, pull, twist, and briskly walk a minimum of 50 yards.

W32.  Willingness to carry equipment and materials weighing a minimum of 30 pounds.

W33.  Willingness to carry equipment and materials weighing up to 50 pounds to remote areas with limited access.

W34.  Willingness to more than 40 hours a week as required.

W35.  Willingness to travel to work sites away which could require extended hours of work and/or overnight or multiple-day trips.

W36.  Willingness to travel extensively throughout the state for short periods of time (i.e., two to three days at a time).

W37.  Willingness to travel extensively throughout the state for extended periods of time (i.e., five or more days at a time or multiple short-duration trips taken on a near-continuous basis).

W38.  Willingness to comply with the ethical standards of your profession (e.g., Code of Conduct, etc.) and laws related to the practice of your profession.

W39.  Willingness to participate in on-going education specific to your work assignment.

KSAPCs highlighted in bold text are not currently on the SPB classification specification