Under court orders, California’s prison system has started processing non-violent second-strikers for parole consideration. A federal court ordered the process to begin Jan. 1, but it wasn’t until March 13 that the classification committee reviewed non-violent second-striker Kacy Lloyd’s case in San Quentin.
“I believe I’m the first second-striker to have his case referred to the parole board in San Quentin,” said Lloyd.
A federal court issued a February 2014 order requiring the state “to create and implement a new parole process through which non-violent second-strikers (NVSS) will be eligible for parole consideration by the Board of Parole Hearings (BPH) once they have served 50 percent of their sentence,” according to the Prison Law Office.
The court order is part of the Plata decision requiring the California Department of Corrections and Rehabilitation’s prison population to be reduced to 137.5 percent of design capacity by Feb. 28, 2016, a goal the state has met.
Lloyd has eagerly been awaiting a chance at parole since learning about the federal court’s February 2014 order.
“I started going to the law library every week, checking to see when the state was going to begin referring non-violent second-strikers to the board,” said Lloyd.
In September 2014, the Prison Law Office and other plaintiff lawyers filed a motion to the three-judge panel for a court order to make the state comply. In November 2014, the court ordered CDCR to begin considering NVSSs who met the criteria for parole by Jan. 1.
Lloyd, 41, said he meets the criteria for early release consideration.
He explained that he has served six years of a 10-year sentence, which is a year more than the required 50 percent of actual continuous time in custody needed. He was convicted for trafficking and distribution of narcotics, not any violent, serious or sex crime. He hasn’t recently served a term in administrative segregation or been found guilty of any recent disciplinary infractions. However, Lloyd was not immediately referred to the parole board.
“I started asking counselors questions about being referred to the board. They didn’t know what I was talking about,” said Lloyd.
On Jan. 11, Lloyd said he started writing everyone he could think of, including Case Records Analyst Dorothy Berry, her supervisor, Bolanos, CCII K. Hilliard and Capt. P.J. Ericson. He didn’t receive a response until after his counselor called Berry on March 2. Berry told his counselor that she forwarded his paperwork to Hilliard, according to Lloyd.
The next day Berry responded, “The screening process has started…your paperwork is entered into the system for potential referral. It is now up to your counselor to continue the process and refer it to BPH if you are eligible for release.”
The next day, he showed Berry’s response to his counselor, S. Malone.
After several delays, on March 13, the committee saw Lloyd and decided to refer him to the parole board.
“I felt nervous waiting to see committee. I couldn’t be referred to the board unless they said so,” said Lloyd. “I sat there imaging what it must be like for a lifer.”
Inmates have the first 30 days to submit any chronos, certificates or other paperwork.
“It is up to you, not your counselors, to send in all the paperwork you want the board to review, like certificates and chronos,” said Lloyd.
Lloyd has prepared for release by earning his GED in June 2014. He also earned five welding certifications.
“My rehabilitation was setting myself up with a marketable skill so I would have an honest way to provide,” said Lloyd.
He has also taken self-help groups like Anger Management, the LA Project and the Staying Out Group.
Statewide, 664 NVSS were referred to the board from Jan. 1 through Feb. 28 for parole review. The board approved 10 inmates for release and denied nine.
However, “many cases are pending review because the 30-day period for written input from inmates, victims, and prosecutors has not yet elapsed,” according to a March 16 update to the three-judge court submitted by the state.
