In re Jackson

INTRODUCTION

The Board of Parole Hearings (Board) denied petitioner Kevin Jackson parole on December 3, 2008. Jackson challenged that decision by filing a petition for writ of habeas corpus in the California Supreme Court. In response to the petition, the high court ordered respondent, the Secretary of the Department of Corrections and Rehabilitation, to show cause before this court “why the Board of Parole Hearings’ decision to deny petitioner parole on December 3, 2008 did not violate Penal Code section 5011, subdivision (b), and California Code of Regulations, title 15, section 2236, by relying, either directly or indirectly, on petitioner’s refusal to admit guilt as a *1380 factor demonstrating unsuitability for parole.” 1 This court subsequently ordered respondent to show cause why Jackson’s petition should not be granted.

Having reviewed the petition, return and traverse, we hold that (1) the Board erroneously denied Jackson parole because there was no evidence that he constituted a current risk to public safety; and (2) the Board’s decision to deny Jackson parole on December 3, 2008, violated section 5011, subdivision (b), and California Code of Regulations,…