he was responsible for the murder and has accepted responsibility for the crime ever since.[2]
Before Hayward was sent to prison, he had a history of substance abuse. In a prison psychological evaluation, he stated the drugs he preferred to use were marijuana and cocaine, but that he no longer uses drugs. He stated that he stopped smoking marijuana in 1985, that he never purchased drugs himself, and that he only used drugs when they were available because someone else had them. He also reported that he used heroin in prison "a few times" but that "it scared[him] and [he] didn't like it." Hayward stated that he had not had a drink of alcohol since a *539 1974 conviction for driving under the influence.
Hayward has managed to stay freeanother to work as a laborer through the Teamsters Union. Hayward also said that his preferred option would be to obtain a transfer of his probation to Idaho, where he could be with his ailing parents, two of his daughters, and six of his grandchildren. Hayward believed that the family support he could obtain in Idaho would enable him to find employment. Hayward also noted that he has a carpenters' pension coming to him and that he should qualify for some social security benefits resulting from the death of his wife.
Dr. Erich Rueschenberg, who prepared the 2002 psychological evaluation of Hayward, concluded that "Mr. Hayward's prognosis for community living seems to be favorable," that "he appears to have a viable parole plan," and that he "appears to be