Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.

This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board or the Department of Corrections and Rehabilitation to provide notice of the parole suitability hearing to the fire department that employed the firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information.

Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.

This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board or the Department of Corrections and Rehabilitation to provide notice of the parole suitability hearing to the fire department that employed the firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information.

Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.

This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board or the Department of Corrections and Rehabilitation to provide notice of the parole suitability hearing to the fire department that employed the firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information.

Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.

This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board to provide notice of the parole suitability hearing to the fire department that employed the fire fighter. firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information.

Existing law requires that employers pay wages to their employees, twice per calendar month, on days designated in advance as regular paydays. However, employees defined as executive, administrative, or professional may be paid once per month.

This bill would make nonsubstantive changes to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 898

Author:(Gonzalez)

As Amended Ver:June 21, 2016

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Provides that when an inmate who was convicted of the murder of a firefighter becomes eligible for a parole-suitability hearing, the Board of Parole Hearings (BPH) or the California Department of Corrections and Rehabilitation (CDCR) must give written notice of the hearing to the department that had employed the deceased firefighter.

The Senate amendments provide that the required notice can be sent either by the BPH or CDCR.

EXISTING LAW:

1. Requires the BPH to send written notice to each of the following persons before it meets to consider the parole suitability or setting of a parole date of an inmate serving a life sentence:
   1. The superior court judge before whom the prisoner was tried and convicted;
   2. The attorney who represented the defendant at trial;
   3. The district attorney of the county in which the offense was committed;
   4. The law enforcement agency that investigated the case; and,
   5. If the prisoner was convicted of the murder of a peace officer, the law enforcement agency which had employed that officer at the time of the murder.
2. Provides that these entities must be notified at least 30 days before the BPH meets to review or consider the parole suitability or the setting of a parole date.
3. Allows the entities who receive notice of the parole-suitability hearing to submit information to the BPH for its consideration.
4. Requires the BPH to review and consider all information received from the judge and these other persons, and to consider adjusting the terms or conditions of parole to reflect the comments or concerns raised by this information.
5. Requires the BPH to provide the victim 90-days' notice of an upcoming parole-suitability hearing, if he or she requests that notice be given.
6. Allows the victim to personally appear at the suitability hearing or to submit a recorded statement expressing his or her views.
7. States that any person interested in the grant or denial of parole may submit a statement supporting or opposing parole and that such statements must be considered by the hearing panel.
8. Requires the Director of the California Department of Corrections and Rehabilitation to give written notice to the State Fire Marshal, and all police departments and the sheriff in the county in which the person was convicted before releasing an inmate convicted of arson.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

AS PASSED BY THE ASSEMBLY, this bill:

1. Added a murdered firefighter's former fire department employer to the list of persons that the BPH must notify of a parole-suitability hearing.
2. Made technical, non-substantive changes.

COMMENTS: According to the author, "AB 898 will ensure that a murdered firefighter's former employer is included in the notification process administered by the Board of Parole Hearings, which is already in place for the former employer of a murdered peace officer.

"Firefighters are a vital part of our public safety community in California since they constantly risk their lives in order to ensure the safety of others. They face similar stress and risk just like their law enforcement colleagues face while on-duty, which can result in loss of life. Moreover, parts of California are often under a state of emergency and thousands of people have been forced to evacuate their homes as fire crews struggle to contain deadly wildfires, some caused by malicious human intention.

"Under California law, arson is defined as the 'willful and malicious burning of property' and is often charged as a felony crime as a result of its destructive and deadly nature. According to the California Department of Justice, 37,128 arson crimes were reported from 2010 to 2014 in California. Arson isn't a victimless crime since it can take the lives of people and our firefighters.

"It is only appropriate that in these limited instances, a former employing fire department be extended the same notification courtesy as local law enforcement agencies when dealing with the possible parole of a prisoner convicted of murdering a firefighter. The notification requirement proposed by AB 898 will provide an appropriate opportunity for the fire department to reflect on the actions of the individual and voice their opinion about a prisoner remaining behind bars or being released back into their community."

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003648

 THIRD READING  

Bill No: AB 898

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/10/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: CAL FIRE Local 2881

California Professional Firefighters

DIGEST: This bill provides that when an inmate who was convicted of the murder of a firefighter becomes eligible for a parole-suitability hearing, the Board of Parole Hearings or Department of Corrections and Rehabilitation must give written notice of the hearing to the fire department that had employed the deceased firefighter.

ANALYSIS:

Existing law:

1. Requires the Board of Parole Hearings (BPH) to send written notice to each of the following persons before it meets to consider the parole suitability or setting of a parole date of an inmate serving a life sentence:
   1. The superior court judge before whom the prisoner was tried and convicted;
   2. The attorney who represented the defendant at trial;
   3. The district attorney of the county in which the offense was committed;
   4. The law enforcement agency that investigated the case; and,
   5. If the prisoner was convicted of the murder of a peace officer, the law enforcement agency which had employed that officer at the time of the murder. (Penal Code § 3042 (a).)
2. Provides that these entities must be notified at least 30 days before the BPH meets to review or consider the parole suitability or the setting of a parole date. (Penal Code § 3042(a).)
3. Allows the entities who receive notice of the parole-suitability hearing to submit information to the BPH for its consideration. (Penal Code § 3042 (f)(3).)
4. Requires the BPH to review and consider all information received from the judge and these other persons, and to consider adjusting the terms or conditions of parole to reflect the comments or concerns raised by this information. (Penal Code § 3042 (f)(3).)
5. Requires the BPH to provide the victim 90-days notice of an upcoming parole-suitability hearing, if he or she requests that notice be given. (Penal Code § 3043 (a).)
6. Allows the victim to personally appear at the suitability hearing or to submit a recorded statement expressing his or her views. (Penal Code §§ 3043 (b)(1), and 3043.2 (a)(1).)
7. States that any person interested in the grant or denial of parole may submit a statement supporting or opposing parole and that such statements must be considered by the hearing panel. (Penal Code § 3043.5.)
8. Requires the Director of the Department of Corrections and Rehabilitation to give written notice to the State Fire Marshal, and all police departments and the sheriff in the county in which the person was convicted before releasing an inmate convicted of arson. (Penal Code § 11150.)

This bill provides that if an inmate was convicted of the murder of a firefighter BPH or the Department of Corrections and Rehabilitation shall also send the written notice to the fire department that employed the firefighter at the time of the murder, if that fire department registers with BPH to receive that notification and provides the appropriate contact information.

Background

The BPH must send notice of a parole-suitability hearing to the trial judge, the prosecutor, defense counsel, the investigating law enforcement agency, and in the case of the murder of a peace officer, the officer's employer. (Penal Code § 3042 (a).) These individuals are entitled to submit a statement expressing their views on whether the inmate should be paroled. Additionally, the victim of the crime may request that the BPH notify him or her of any scheduled parole-suitability hearing. The victim is entitled to personally appear to express his or her views on the granting of parole, or may submit a written or recorded statement instead. (Penal Code § 3043.) Finally, any person interested in the grant or denial of parole may submit a statement supporting or opposing parole. (Penal Code § 3043.5.) The BPH must consider all statements submitted in making its decision.

While under existing law the employer of a murdered firefighter may already submit a statement expressing its views on the grant of parole, the law currently does not require the employer be notified of the hearing. This bill will ensure that the agency which employed the deceased firefighter has notice that a parole-suitability hearing has been scheduled.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/22/16)

CAL FIRE Local 2881 (co-source)

California Professional Firefighters (co-source)

California Fire Chiefs Association

California Labor Federation

California Special Districts Association

California State Association of Counties

California State Firefighters’ Association

Fire Districts Association of California

LIUNA Local 792

Orange County Professional Firefighters Association, Local 3631

Peace Officers Research Association of California

OPPOSITION: (Verified 6/22/16)

Legal Services for Prisoners with Children

ASSEMBLY FLOOR: 78-0, 1/27/16

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Mathis

Prepared by:

6/22/16 17:39:28

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 898 Hearing Date: May 10, 2016

Subject: Parole Suitability: Notice

HISTORY

Source: California Professional Firefighters and CAL FIRE Local 2881

Prior Legislation: AB 1025 (Thurman), Chapter 483, Statutes of 1981

Support: California Fire Chiefs Association; California Labor Federation; California Special Districts Association; California State Association of Counties; California State Firefighters’ Association; Fire Districts Association of California; LIUNA Local 792; Orange County Professional Firefighters Association, Local 3631; Peace Officers Research Association of California

Opposition: Legal Services for Prisoners with Children

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to provide that when an inmate who was convicted of the murder of a firefighter becomes eligible for a parole-suitability hearing, the Board of Parole Hearings must give written notice of the hearing to the department that had employed the deceased firefighter.

Existing law requires the Board of Parole Hearings (BPH) to send written notice to each of the following persons before it meets to consider the parole suitability or setting of a parole date of an inmate serving a life sentence:

a) The superior court judge before whom the prisoner was tried and convicted;

b) The attorney who represented the defendant at trial;

c) The district attorney of the county in which the offense was committed;

d) The law enforcement agency that investigated the case; and,

e) If the prisoner was convicted of the murder of a peace officer, the law enforcement agency which had employed that officer at the time of the murder. (Penal Code § 3042 (a).)

Existing law provides that these entities must be notified at least 30 days before the BPH meets to review or consider the parole suitability or the setting of a parole date. (Penal Code § 3042(a).)

Existing law allows the entities who receive notice of the parole-suitability hearing to submit information to the BPH for its consideration. (Penal Code § 3042 (f)(3).)

Existing law requires the BPH to review and consider all information received from the judge and these other persons, and to consider adjusting the terms or conditions of parole to reflect the comments or concerns raised by this information. (Penal Code, § 3042 (f)(3).)

Existing law requires the BPH to provide the victim 90-days' notice of an upcoming parole-suitability hearing, if he or she requests that notice be given. (Penal Code § 3043 (a).)

Existing law allows the victim to personally appear at the suitability hearing or to submit a recorded statement expressing his or her views. (Penal Code, §§ 3043 (b)(1), and 3043.2 (a)(1).)

Existing law states that any person interested in the grant or denial of parole may submit a statement supporting or opposing parole and that such statements must be considered by the hearing panel. (Penal Code § 3043.5.)

Existing law requires the Director of the California Department of Corrections and Rehabilitation to give written notice to the State Fire Marshal, and all police departments and the sheriff in the county in which the person was convicted before releasing an inmate convicted of arson. (Penal Code § 11150.)

This bill provides that if an inmate was convicted of the murder of a firefighter BPH shall also send the written notice to the fire department that employed the firefighter at the time of the murder, if that fire department registers with BPH to receive that notification and provides the appropriate contact information.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

Since 1981, existing law (Penal Code Section 3042) has appropriately ensured the notification of relevant, parole-related hearings to a slain peace officer’s former employer. However, a firefighter’s former employer is not included in parole notification process if he or she lost their life in an arson related fire. AB 989 will simply add a murdered firefighters former fire department employer if the department registers with the Board of Parole Hearings (BPH) and provides the necessary contact information.

Firefighters are a vital part of our public safety community in California since they constantly risk their lives in order to ensure the safety of others. They face similar stress and risk just like their law enforcement colleagues face while on-duty, which can result in loss of life.

It is only appropriate in these limited instances, a former employing fire department be extended the same notification courtesy as local law enforcement agencies when dealing with the possible parole of a prisoner convicted of murdering a firefighter. The parole notification proposed by AB 898 will provide an appropriate opportunity for the fire department to reflect on the actions of the individual and voice their opinion about a prisoner remaining behind bars or being released back into their community.

2. Parole-Suitability Hearings

Inmates serving indeterminate "life" sentences that include the possibility of parole are not automatically entitled to parole, but are entitled to be considered for parole at a parole-suitability hearing. The BPH has exclusive authority to determinate parole suitability, and suitability for parole must first be found before a parole date is set. (In re Dannenberg (2005) 34 Cal.4th 1061, 1080.)

The BPH can consider all relevant and reliable information, but there are suitability factors specified by both statute and administrative regulations. (15 Cal. Code Regs., § 2402, subd. (b).) These include: the nature of the commitment offense and inmate's degree of insight into the offense, the inmate's prison record, recent psychological evaluations, and the inmate's parole plans. The overriding concern is whether the inmate poses a current threat to public safety. (In re Dannenberg, supra, 34 Cal.4th at p. 1084.) The BPH has broad discretion in how to weigh these factors, and its determination that an inmate is unsuitable will be upheld as long as it is supported by "some evidence." (In re Lawrence (2008) 44 Cal.4th 1181, 1213.)

3. Notice of Parole-Suitability Hearings

The BPH must send notice of a parole-suitability hearing to the trial judge, the prosecutor, defense counsel, the investigating law enforcement agency, and in the case of the murder of a peace officer, the officer's employer. (Penal Code, § 3042 (a).) These individuals are entitled to submit a statement expressing their views on whether the inmate should be paroled. Additionally, the victim of the crime may request that the BPH notify him or her of any scheduled parole-suitability hearing. The victim is entitled to personally appear to express his or her views on the granting of parole, or may submit a written or recorded statement instead. (Penal Code, § 3043.) Finally, any person interested in the grant or denial of parole may submit a statement supporting or opposing parole. (Penal Code, § 3043.5.) The board must consider all statements submitted in making its decision.

While under existing law the employer of a murdered firefighter may already submit a statement expressing its views on the grant of parole, the law currently does not require the employer be notified of the hearing. This bill will ensure that the agency which employed the deceased firefighter has notice that a parole-suitability hearing has been scheduled.

-- END –

Date of Hearing: January 21, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 898

Author:(Gonzalez) – As Amended Ver:January 13, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides that if an inmate who was convicted of the murder of a firefighter becomes eligible for a parole-suitability hearing, the Board of Parole Hearings (BPH) must notify the deceased firefighter's former fire department employer of the hearing, if the department registers with the BPH and provides the necessary contact information.

FISCAL EFFECT:

Minor costs to the BPH (GF) to provide the required written notification to the appropriate fire department.

COMMENTS:

1. Purpose. According to the author, "AB 898 will ensure that a murdered firefighter's former employer is included in the notification process administered by the Board of Parole Hearings, which is already in place for the former employer of a murdered peace officer.

Firefighters are a vital part of our public safety community in California since they constantly risk their lives in order to ensure the safety of others. They face similar stress and risk just like their law enforcement colleagues face while on-duty, which can result in loss of life. Moreover, parts of California are often under a state of emergency and thousands of people have been forced to evacuate their homes as fire crews struggle to contain deadly wildfires, some caused by malicious human intention.

The notification requirement proposed by AB 898 will provide an appropriate opportunity for the fire department, together with the victim's family and the surrounding community, to reflect on the actions of the individual and voice their opinion about a prisoner remaining behind bars or being released back into their community."

1. Background. Inmates serving indeterminate life sentences, for murder, that include the possibility of parole are not entitled to parole, but are entitled to be considered for parole at a parole-suitability hearing. The BPH has exclusive authority to determine parole suitability, and suitability must first be found before a parole date is set. The BPH is required to send 30-days written notice to parties involved in the prosecution, such as the judge, district attorney, defense attorney and investigating law enforcement agency, and, if the victim was a peace officer, the law enforcement agency that had employed that officer at the time of the murder. These parties are allowed to submit information to the BPH for consideration.

The BPH is required to provide victims a 90-day notice of an upcoming parole-suitability hearing, if a request is made that notice be provided. The victim is entitled to make a statement at the hearing, or may submit a written or recorded message instead.

The BPH may adjust the terms and conditions of parole to reflect concerns raised by various parties. However, in determining suitability, the overriding concern is whether the inmate poses a current threat to public safety. Under current law, the employer of a murdered firefighter may already submit expressing its views on the grant of parole.

AB 898 will require notification of the employer fire department if the department registers with the BPH and provides the appropriate contact information. The cost to the BPH will be absorbable since the universe of these cases is small and the fire department will have provided the necessary information prior to a parole-suitability hearing.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Sandra Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:

Author:(Gonzalez) – As Amended Ver:January 4, 2016

SUMMARY:

Provides that when an inmate who was convicted of the murder of a firefighter becomes eligible for a parole-suitability hearing, the Board of Parole Hearings (BPH) must give written notice of the hearing to the department that had employed the deceased firefighter. Specifically, this bill:

1. Adds a murdered firefighter's former fire department employer to the list of persons that the BPH must notify of a parole-suitability hearing.
   
2. Makes technical, non-substantive changes.

EXISTING LAW:

1. Requires the BPH to send written notice to each of the following persons before it meets to consider the parole suitability or setting of a parole date of an inmate serving a life sentence:
   
   1. The superior court judge before whom the prisoner was tried and convicted;
      
   2. The attorney who represented the defendant at trial;
      
   3. The district attorney of the county in which the offense was committed;
      
   4. The law enforcement agency that investigated the case; and,
      
   5. If the prisoner was convicted of the murder of a peace officer, the law enforcement agency which had employed that officer at the time of the murder. (Pen. Code, § 3042, subd. (a).)
      
2. Provides that these entities must be notified at least 30 days before the BPH meets to review or consider the parole suitability or the setting of a parole date. (Pen. Code, § 3042, subd. (a).)
   
3. Allows the entities who receive notice of the parole-suitability hearing to submit information to the BPH for its consideration. (Pen. Code, § 3042, subd. (f)(3).)
   
4. Requires the BPH to review and consider all information received from the judge and these other persons, and to consider adjusting the terms or conditions of parole to reflect the comments or concerns raised by this information. (Pen. Code, § 3042, subd. (f)(3).)
   
5. Requires the BPH to provide the victim 90-days' notice of an upcoming parole-suitability hearing, if he or she requests that notice be given. (Pen. Code, § 3043, subd. (a).)
   
6. Allows the victim to personally appear at the suitability hearing or to submit a recorded statement expressing his or her views. (Pen. Code, §§ 3043, subd. (b)(1), and 3043.2, subd. (a)(1).)
   
7. States that any person interested in the grant or denial of parole may submit a statement supporting or opposing parole and that such statements must be considered by the hearing panel. (Pen. Code, § 3043.5.)
   
8. Requires the Director of the California Department of Corrections and Rehabilitation to give written notice to the State Fire Marshal, and all police departments and the sheriff in the county in which the person was convicted before releasing an inmate convicted of arson. (Pen. Code, § 11150.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 898 will ensure that a murdered firefighter’s former employer is included in the notification process administered by the Board of Parole Hearings, which is already in place for the former employer of a murdered peace officer.
   
   "Firefighters are a vital part of our public safety community in California since they constantly risk their lives in order to ensure the safety of others. They face similar stress and risk just like their law enforcement colleagues face while on-duty, which can result in loss of life. Moreover, parts of California are often under a state of emergency and thousands of people have been forced to evacuate their homes as fire crews struggle to contain deadly wildfires, some caused by malicious human intention.
   
   "Under California law, arson is defined as the 'willful and malicious burning of property' and is often charged as a felony crime as a result of its destructive and deadly nature. According to the California Department of Justice, 37,128 arson crimes were reported from 2010 to 2014 in California. Arson isn’t a victimless crime since it can take the lives of people and our firefighters.
   
   "It is only appropriate that in these limited instances, a former employing fire department be extended the same notification courtesy as local law enforcement agencies when dealing with the possible parole of a prisoner convicted of murdering a firefighter. The notification requirement proposed by AB 898 will provide an appropriate opportunity for the fire department to reflect on the actions of the individual and voice their opinion about a prisoner remaining behind bars or being released back into their community."
   
2. Parole-Suitability Hearings: Inmates serving indeterminate "life" sentences that include the possibility of parole are not automatically entitled to parole, but are entitled to be considered for parole at a parole-suitability hearing. The BPH has exclusive authority to determinate parole suitability, and suitability for parole must first be found before a parole date is set. (In re Dannenberg (2005) 34 Cal.4th 1061, 1080.)
   

The BPH can consider all relevant and reliable information, but there are suitability factors specified by both statute and administrative regulations. (15 Cal. Code Regs., § 2402, subd. (b).) These include: the nature of the commitment offense and inmate's degree of insight into the offense, the inmate's prison record, recent psychological evaluations, and the inmate's parole plans. The overriding concern is whether the inmate poses a current threat to public safety. (In re Dannenberg, supra, 34 Cal.4th at p. 1084.) The BPH has broad discretion in how to weigh these factors, and its determination that an inmate is unsuitable will be upheld as long as it is supported by "some evidence." (In re Lawrence (2008) 44 Cal.4th 1181, 1213.)

The BPH must send notice of a parole-suitability hearing to the trial judge, the prosecutor, defense counsel, the investigating law enforcement agency, and in the case of the murder of a peace officer, the officer's employer. (Pen. Code, § 3042, subd. (a).) These individuals are entitled to submit a statement expressing their views on whether the inmate should be paroled. Additionally, the victim of the crime may request that the BPH notify him or her of any scheduled parole-suitability hearing. The victim is entitled to personally appear to express his or her views on the granting of parole, or may submit a written or recorded statement instead. (Pen. Code, § 3043.) Finally, any person interested in the grant or denial of parole may submit a statement supporting or opposing parole. (Pen. Code, § 3043.5.) The board must consider all statements submitted in making its decision.

While under existing law the employer of a murdered firefighter may already submit a statement expressing its views on the grant of parole, this bill will ensure that the agency which employed the deceased firefighter has notice that a parole-suitability hearing has been scheduled.

1. Murder of a Firefighter: Murder is the unlawful killing of a person with malice. There are two degrees of murder. First degree murder is premeditated murder, or murder committed in the course of specified felonies including arson (first degree felony murder), or murder committed by certain specified methods (including the use of a destructive device or explosive).^[1] (Pen. Code, § 189.) Second degree murder is non-premeditated murder, or murder committed in the course of felonies not listed in Penal Code section 189 but which are inherently dangerous to human life. (Ibid.)
   
   Murder which occurs during the commission of a felony is known as felony murder. The primary purpose of the felony-murder rule is to deter felons from killing negligently or accidentally by holding them strictly liable for the killings they commit when they commit a felony. (People v. Billa (2003) 31 Cal.4th 1064, 1069.)
   
   The mental state required for first degree felony murder is simply the specific intent to commit the underlying felony. There does not need to be an intent to kill. There is no requirement of a strict "causal" or "temporal" relationship between the felony and the murder. All that is required is that the two "are parts of one continuous transaction." There is, however, a requirement of proof beyond a reasonable doubt of the underlying felony. (People v. Berryman (1993) 6 Cal.4th 1048, 1085.) Felony murder applies even if the felony itself is not occurring or has been abandoned when the homicide takes place, so long as the homicide is related to the felony and resulted as a natural and probable consequence of the felony. (People v. Birden (1986) 179 Cal.App.3d 1020, 1024-1025.) Thus, if a firefighter dies while extinguishing a fire proven to be arson, the defendant can be convicted of first degree felony murder.
   
   For a second degree felony murder conviction, the death must occur during the commission of felonies that are “inherently dangerous to human life.” (People v. Hansen (1994) 9 Cal.4th 300, 308.) An inherently dangerous felony is one which, “by its very nature” “cannot be committed without creating a substantial risk that someone will be killed.” (People v. Burroughs (1984) 35 Cal.3d 824, 833.) Also, an inherently dangerous felony is one carrying a high probability that death will result. (People v. Patterson (1989) 49 Cal.3d 615, 627.) “In determining whether a felony is inherently dangerous, the court looks to the elements of the felony in the abstract, not the particular facts of the case, i.e., not to the defendant’s specific conduct.” (Ibid.) The judge, not the jury, decides if a felony is inherently dangerous to life. (People v. Schaefer (2004) 118 Cal.App.4th 893, 899-902.) Among the felonies which have been found to be inherently dangerous to human life are burning a motor vehicle, in light of the danger of gasoline explosion (People v. Nichols (1970) 3 Cal.3d 150, 162-163); manufacturing methamphetamine, in light of the danger of explosion of volatile chemicals used in the manufacturing process (People v. James (1998) 62 Cal.App.4th 244, 257-271); and reckless and malicious possession of a destructive device or explosive (People v. Morse (1992) 2 Cal.App.4th 620, 644-646). As with first degree felony murder, second degree felony murder requires proof of the specific intent to commit the underlying felony, even if the underlying felony is a general intent crime. (People v. Jones (2000) 82 Cal.App.4th 663, 667-668.) Under these examples, a criminal defendant might be convicted of second degree murder of a firefighter who dies as a result of trying to extinguish the explosion.
   
2. Argument in Support: The California Professional Firefighters, a co-sponsor of this bill, state, "This bill would simply provide a courtesy notification to the fire department of record where the instance of the original criminal conviction was the murder of a firefighter. Firefighters who survive and remain on duty after the tragic murder of one of their own, often stand in the shoes of the deceased firefighter and will serve the surviving family as a surrogate brother, sister, father or mother. As such, being given the opportunity to learn of a related parole hearing will provide appropriate notice to that firefighting family to participate with the victims and stand with the survivors. This can be particularly helpful in instances where the victim impact statement is submitted, which includes not only the physical, financial, emotional and spiritual effects of a crime, but also how a neighborhood or community has been affected.
   
   "Ultimately, the modest notification requirement proposed by AB 898 will provide an appropriate opportunity for the fire department, together with the victim's family and the surrounding community, to reflect on the actions of the individual and voice their opinion about a prisoner remaining behind bars or being released back into their community."
   
3. Prior Legislation: AB 1025 (Thurman), Chapter 483, Statutes of 1981, provided that where a prisoner who is the subject of a parole-suitability hearing was convicted of the murder of a peace officer, notice of the hearing must be given to the law enforcement agency which had employed that peace officer at the time of the murder.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters (Co-Sponsor)
CAL Fire Local 2881 (Co-Sponsor)
California Fire Chiefs Association
California Labor Federation
California Special Districts Association
Fire Districts Association of California

Peace Officers Research Association of California

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744

1. Murder committed by specified means can be not just a theory of first degree murder, but also a special circumstance under Penal Code section 190.2 which increases the punishment from 25 years to life to life without parole or death. If the death penalty or a sentence of life without parole is imposed, a defendant would not be eligible for a parole-consideration hearing, and the provisions of this bill would not apply. ↑