The Rules Apply to Everyone

MAURA E. MONTELLANO spoke with G. Lewis Chartrand Jr., executive officer of the state Board of Prison Terms.

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The board does not make parole decisions based on expediency or cost factors. Public safety is the prime consideration in all parole hearings. Liu was sentenced to life in prison for kidnap for ransom plus enhancement for firearm use and robbery. He has been denied parole seven times. He was considered for parole by the Board of Prison Terms using the same criteria utilized for all life prisoners. As stated in the board’s regulations, “Regardless of the length of time served, a life prisoner will be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.”

Some of the factors considered by the board in making that determination include the prisoner’s efforts to upgrade him/herself educationally and vocationally, to learn to understand the nature and magnitude of the offense and learn to overcome the personal factors that caused the crime through participation in therapy and self-help programs, to be disciplinary-free while incarcerated, and to participate in activities that demonstrated an enhanced ability to function within the law upon release.

There is an INS hold on Liu, which means that he is to be deported upon his release from prison. However, because the board’s primary concern is protecting public safety and because the panel cannot be certain that an inmate will be immediately deported upon parole, all prisoners are treated as though they will be released to parole in the country of last residence and all prisoners must meet the same criteria to be found suitable for parole.

Liu was involved in immigration fraud and helped make counterfeit INS documents in an illegal green card business. He would be a high risk to illegally reenter the U.S. if paroled and deported.