PSYCHOLOGICAL EVALUATIONS
FRANKLIN/YOUTHFUL OFFENDER
Dr. Christine Gerchow – Franklin/Youthful Offender
Dr. Gerchow (PSY 29762) has completed post-conviction Franklin and related mitigation evaluations for individuals who committed their controlling offenses as early as 16- and as late as 35-years-old. She has conducted evaluations at San Quentin State Rehabilitation Center (SQRC), California Institute for Men (CIM), California Medical Facility (CMF), California State Prison Solano (SOL), Folsom State Prison (FSP), and Mule Creek State Prison (MCSP).
These individuals often faced layered adversities and abuse during their infancy and youth, including perinatal exposure to drugs, traumatic brain injury, attachment trauma, parental substance use disorder, and physical or sexual abuse, along with material neglect.
Additionally, they are impacted by deep-rooted social determinants such as institutional, structural, and systemic racism, poverty, and insufficient access to quality healthcare and education. These factors not only contribute to the occurrence and intensity of trauma but also affect individuals’ ability to recover from it.
Franklin HEARINGS - Youthful Offender Parole Hearings
What is a Franklin Hearing?
What is a Franklin Hearing?
A Franklin Hearing is a supplemental sentencing hearing for individuals who were under the age of 26 at the time of their offense. The psychological evaluation conducted during this hearing aims to document the mitigating factors associated with the defendant’s youth, which the parole board is required to seriously consider when making parole decisions. The purpose of the evaluation is not to justify the individual’s actions but to provide context for them.
Who is eligible for a Franklin Hearing?
Who is eligible for a Franklin Hearing?
Anyone convicted of a crime allegedly committed before they reached the age of 26, and sentenced to a term of incarceration that eventually allows for parole eligibility, may be considered for a Franklin Hearing. It is important to note that for the court to grant this hearing, it must determine that the youthful offender did not have the chance to present evidence of youth-related mitigating factors at their original sentencing. Typically, this applies to sentences issued before 2016, the year the Franklin decision was made.
The role of a psychological evaluation
The role of a psychological evaluation
The psychological evaluation provides a clinical profile of the individual and identifies mitigating factors associated with their youth, which can be considered at a future parole date or resentencing hearing. These mitigating factors may include the individual’s age at the time of the offense, a history of trauma, cognitive and emotional immaturity, neurodevelopmental disorders, and psychiatric conditions.
Dr. Gerchow’s Approach
With the attorney:
With the incarcerated individual:
Dr. Gerchow believes that Franklin/Youthful Parole Hearings can be diagnostic and therapeutic. While the primary objective is to highlight mitigating factors associated with an incarcerated individual’s youth at the time of their controlling offense, there emerges another invaluable outcome: the chance for the incarcerated individual to reclaim their dignity and autonomy by sharing their stories, including stories that have gone untold for decades or have never been shared at all.
Dr. Gerchow’s interviews typically span 6-7 hours, largely due to her commitment to fostering a safe environment that invites individuals who are incarcerated to engage in self-reflection. This approach provides these individuals with an opportunity to recognize their personal growth, as well as identify areas where they may need support.
Depending on the case, Dr. Gerchow utilizes cognitive, trauma, risk, behavioral, and/or mood assessments. She may also use assessments designed for certain experiences (i.e., the Harvard Trauma Questionnaire-5 for those who have experienced torture).
The goal of the Franklin evaluation is to contextualize and analyze the individual’s early life to assess how their youthful characteristics or experiences influenced the commission of their offense. For example, an expert might discuss how an individual’s child maltreatment impacted her developmental pathways or unpack the relationship between substance use disorder and impulsivity.
In the last two decades, landmark court cases have recognized that the differences between children and adults must be considered in sentencing.
TESTIMONIALS
Dr. Gerchow is a pleasure to work with. She writes compelling reports and is particularly skilled at synthesizing complex trauma and helping to explain its import and effect in a clear and helpful manner. I hope to work with her again in the future and wouldn’t hesitate to recommend her services.
Rachel Belden
Deputy Public Defender
I highly recommend Dr. Gerchow based on my numerous experiences working with her. She is wonderful at rapport building with clients, and their families in the context of collateral interviews, and this allows her to gather valuable information. She is insightful in analyzing client experiences in coming to opinions and observations in her reports. Furthermore, she is very collaborative and responsive, making working together very easy and enjoyable.
Rebecca Brackman
Assistant Public Defender, Post Conviction & Strategic Litigation Unit – Contra Costa County
