SB 230: Sentencing: parole.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-03
Existing law requires the Board of Parole Hearings to meet with every inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct pertinent to parole eligibility and the granting or withholding of postconviction credit. Existing law requires a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole release date to set a parole release date, as specified, unless the panel determines that a parole release date cannot be fixed.
This bill would specify that the purpose of the meeting between the Board of Parole Hearings and an inmate during the 6th year before the inmates minimum eligible parole date is to review and document the inmates activities and conduct pertinent to parole eligibility. The bill would require a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole date in order to grant or deny parole, as specified. The bill would prohibit an inmate from being released before reaching his or her minimum eligible parole release date unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole to an inmate up to 90 days before the inmates scheduled release date.
The bill would authorize the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmates scheduled release. The bill would make conforming changes.
The bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by AB 487 that would become operative if this bill and AB 487 are both chaptered and this bill is chaptered last.
Existing law requires the Board of Parole Hearings to meet with every inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct pertinent to parole eligibility and the granting or withholding of postconviction credit. Existing law requires a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole release date to set a parole release date, as specified, unless the panel determines that a parole release date cannot be fixed.
This bill would specify that the purpose of the meeting between the Board of Parole Hearings and an inmate during the 6th year before the inmates minimum eligible parole date is to review and document the inmates activities and conduct pertinent to parole eligibility. The bill would require a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole date in order to grant or deny parole, as specified. The bill would prohibit an inmate from being released before reaching his or her minimum eligible parole release date unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole to an inmate up to 90 days before the inmates scheduled release date.
The bill would authorize the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmates scheduled release. The bill would make conforming changes.
The bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by AB 487 that would become operative if this bill and AB 487 are both chaptered and this bill is chaptered last.
Existing law requires the Board of Parole Hearings to meet with every inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct pertinent to parole eligibility and the granting or withholding of postconviction credit. Existing law requires a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole release date to set a parole release date, as specified, unless the panel determines that a parole release date cannot be fixed.
This bill would specify that the purpose of the meeting between the Board of Parole Hearings and an inmate during the 6th year before the inmates minimum eligible parole date is to review and document the inmates activities and conduct pertinent to parole eligibility. The bill would require a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole date in order to grant or deny parole, as specified. The bill would prohibit an inmate from being released before reaching his or her minimum eligible parole release date unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole to an inmate up to 90 days before the inmates scheduled release date.
The bill would authorize the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmates scheduled release. The bill would make conforming changes.
The bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by AB 487 that would become operative if this bill and AB 487 are both chaptered and this bill is chaptered last.
Existing law requires the Board of Parole Hearings to meet with every inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct pertinent to parole eligibility and the granting or withholding of postconviction credit. Existing law requires a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole release date to set a parole release date, as specified, unless the panel determines that a parole release date cannot be fixed.
This bill would specify that the purpose of the meeting between the Board of Parole Hearings and an inmate during the 6th year before the inmates minimum eligible parole date is to review and document the inmates activities and conduct pertinent to parole eligibility. The bill would require a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmates minimum eligible parole date in order to grant or deny parole, as specified. The bill would prohibit an inmate from being released before reaching his or her minimum eligible parole release date unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole to an inmate up to 90 days before the inmates scheduled release date.
The bill would authorize the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmates scheduled release. The bill would make conforming changes.
Existing law requires the Board of Parole Hearings to meet with each inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct. Under existing law, the board must issue its findings and recommendations to the inmate in writing, within 30 days following the consultation.
This bill would make technical, nonsubstantive changes to that provision.
Existing law requires the Board of Parole Hearings to meet with each inmate during the 6th year before the inmates minimum eligible parole release date to review and document the inmates activities and conduct. Under existing law, the board must issue its findings and recommendations to the inmate in writing, within 30 days following the consultation.
This bill would make technical, nonsubstantive changes to that provision.
(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.Section 3041.1 of the Penal Code is amended to read:3041.1.(a)Any time before an inmates release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors.
(b)If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter.
SEC. 3.Section 3041.2 of the Penal Code is amended to read:3041.2.(a)During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the boards decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board.
(b)If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.
SEC. 4.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing an inmates parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.
(2)Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.
(B)Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than seven additional years.
(C)Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.
(4)The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the inmate provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.
(2)The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4)of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 4.5.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing an inmates parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.
(2)Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.
(B)Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than seven additional years.
(C)Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.
(4)The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3).
(5)Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmates request. Notice shall be satisfied by mailing copies of the inmates request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services.
(2)The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 5.Section 3041.7 of the Penal Code is amended to read:3041.7.At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
SEC. 6.Section 3042 of the Penal Code is amended to read:3042.(a)At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: 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, the law enforcement agency that investigated the case, and where the inmate was convicted of the murder of a peace officer, the law enforcement agency which had employed that peace officer at the time of the murder.
(b)The Board of Parole Hearings shall record all those hearings and transcribe recordings of those hearings within 30 days of any hearing. Those transcripts, including the transcripts of all prior hearings, shall be filed and maintained in the office of the Board of Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. No inmate shall actually be released on parole before 60 days from the date of the hearing.
(c)At any hearing, the presiding hearing officer shall state his or her findings and supporting reasons on the record.
(d)Any statements, recommendations, or other materials considered shall be incorporated into the transcript of the hearing, unless the material is confidential in order to preserve institutional security and the security of others who might be endangered by disclosure.
(e)(1)The written notice to the judge of the superior court before whom the inmate was tried and convicted shall be sent by United States mail.
(2)The judge receiving this written notice may forward to the board any unprivileged information from the trial or sentencing proceeding regarding the inmate, witnesses, or victims, or other relevant persons, or any other information, that is pertinent to the question of whether the board should grant parole or under what conditions parole should be granted. The judge may also, in his or her discretion, include information given to him or her by victims, witnesses, or other persons that bear on the question of the inmates suitability for parole.
(3)The board shall review and consider all information received from the judge or any other person and shall consider adjusting the conditions of parole to reflect the comments or concerns raised by this information, as appropriate.
(f)Nothing in this section shall be construed as limiting the type or content of information the judge or any other person may forward to the board for consideration under any other law.
(g)Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole suitability hearing for a person sentenced to a life sentence under this section, may forward that information either by facsimile or electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by facsimile or electronic mail pursuant to this subdivision.
SEC. 7.Section 3043 of the Penal Code is amended to read:3043.(a)(1)Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or consider the parole suitability for any inmate in a state prison shall be given by telephone, certified mail, regular mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, by the Board of Parole Hearings at least 90 days before the hearing to any victim of any crime committed by the inmate, or to the next of kin of the victim if the victim has died, to include the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, and any other felony crimes or crimes against the person for which the inmate has been convicted. The requesting party shall keep the board apprised of his or her current contact information in order to receive the notice.
(2)No later than 30 days before the date selected for the hearing, any person, other than the victim, entitled to attend the hearing shall inform the board of his or her intention to attend the hearing and the name and identifying information of any other person entitled to attend the hearing who will accompany him or her.
(3)No later than 14 days before the date selected for the hearing, the board shall notify every person entitled to attend the hearing confirming the date, time, and place of the hearing.
(b)(1)The victim, next of kin, members of the victims family, and two representatives designated as provided in paragraph (2) of this subdivision have the right to appear, personally or by counsel, at the hearing and to adequately and reasonably express his, her, or their views concerning the inmate and the case, including, but not limited to the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, any other felony crimes or crimes against the person for which the inmate has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the inmate for parole.
(2)Any statement provided by a representative designated by the victim or next of kin may cover any subject about which the victim or next of kin has the right to be heard including any recommendation regarding the granting of parole. The representatives shall be designated by the victim or, in the event that the victim is deceased or incapacitated, by the next of kin. They shall be designated in writing for the particular hearing before the hearing.
(c)A representative designated by the victim or the victims next of kin for purposes of this section may be any adult person selected by the victim or the family of the victim. The board shall permit a representative designated by the victim or the victims next of kin to attend a particular hearing, to provide testimony at a hearing, and to submit a statement to be included in the hearing as provided in Section 3043.2, even though the victim, next of kin, or a member of the victims immediate family is present at the hearing, and even though the victim, next of kin, or a member of the victims immediate family has submitted a statement as described in Section 3043.2.
(d)The board, in deciding whether to release the person on parole, shall consider the entire and uninterrupted statements of the victim or victims, next of kin, immediate family members of the victim, and the designated representatives of the victim or next of kin, if applicable, made pursuant to this section and shall include in its report a statement whether the person would pose a threat to public safety if released on parole.
(e)In those cases where there are more than two immediate family members of the victim who wish to attend any hearing covered in this section, the board shall allow attendance of additional immediate family members to include the following: spouse, children, parents, siblings, grandchildren, and grandparents.
SEC. 8.Section 3043.1 of the Penal Code is amended to read:3043.1.Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability of any inmate pursuant to Section 3043 shall be entitled to the attendance of one person of his or her own choosing at the hearing for support. The person so chosen shall not participate in the hearing nor make comments while in attendance.
SEC. 9.Section 3043.2 of the Penal Code is amended to read:3043.2.(a)(1)In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim.
(2)A representative designated by the victim or the victims next of kin for purposes of this section must be either a family or household member of the victim.
(3)The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole.
(b)Whenever an audio or video statement or a statement stored on a CD-ROM, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement.
(c)Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin.
(d)In the event the board permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.
SEC. 10.Section 3043.25 of the Penal Code is amended to read:3043.25.Any victim, next of kin, members of the victims immediate family, or representatives designated for a particular hearing by the victim or next of kin in writing before the hearing who have the right to appear at a hearing to review parole suitability, either personally as provided in Section 3043, or by a written, audiotaped, or videotaped statement as provided in Section 3043.2, and any prosecutor who has the right to appear pursuant to Section 3041.7, shall also have the right to appear by means of videoconferencing, if videoconferencing is available at the hearing site. For the purposes of this section, videoconferencing means the live transmission of audio and video signals by any means from one physical location to another.
SEC. 11.Section 3046 of the Penal Code is amended to read:3046.(a)An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following:
(1)A term of at least seven calendar years.
(2)A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.
(b)If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until he or she has served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.
(c)Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.
(d)The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.
SEC. 12.Section 3052 of the Penal Code is amended to read:3052.The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole.
SEC. 13.Section 4.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Assembly Bill 487. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Assembly Bill 487, in which case Section 4 of this bill shall not become operative.
(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.Section 3041.1 of the Penal Code is amended to read:3041.1.(a)Any time before an inmates release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors.
(b)If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter.
SEC. 3.Section 3041.2 of the Penal Code is amended to read:3041.2.(a)During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the boards decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board.
(b)If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.
SEC. 4.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing an inmates parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.
(2)Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.
(B)Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than seven additional years.
(C)Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.
(4)The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the inmate provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.
(2)The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4)of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 4.5.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing an inmates parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.
(2)Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.
(B)Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than seven additional years.
(C)Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.
(4)The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3).
(5)Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmates request. Notice shall be satisfied by mailing copies of the inmates request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services.
(2)The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 5.Section 3041.7 of the Penal Code is amended to read:3041.7.At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
SEC. 6.Section 3042 of the Penal Code is amended to read:3042.(a)At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: 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, the law enforcement agency that investigated the case, and where the inmate was convicted of the murder of a peace officer, the law enforcement agency which had employed that peace officer at the time of the murder.
(b)The Board of Parole Hearings shall record all those hearings and transcribe recordings of those hearings within 30 days of any hearing. Those transcripts, including the transcripts of all prior hearings, shall be filed and maintained in the office of the Board of Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. No inmate shall actually be released on parole before 60 days from the date of the hearing.
(c)At any hearing, the presiding hearing officer shall state his or her findings and supporting reasons on the record.
(d)Any statements, recommendations, or other materials considered shall be incorporated into the transcript of the hearing, unless the material is confidential in order to preserve institutional security and the security of others who might be endangered by disclosure.
(e)(1)The written notice to the judge of the superior court before whom the inmate was tried and convicted shall be sent by United States mail.
(2)The judge receiving this written notice may forward to the board any unprivileged information from the trial or sentencing proceeding regarding the inmate, witnesses, or victims, or other relevant persons, or any other information, that is pertinent to the question of whether the board should grant parole or under what conditions parole should be granted. The judge may also, in his or her discretion, include information given to him or her by victims, witnesses, or other persons that bear on the question of the inmates suitability for parole.
(3)The board shall review and consider all information received from the judge or any other person and shall consider adjusting the conditions of parole to reflect the comments or concerns raised by this information, as appropriate.
(f)Nothing in this section shall be construed as limiting the type or content of information the judge or any other person may forward to the board for consideration under any other law.
(g)Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole suitability hearing for a person sentenced to a life sentence under this section, may forward that information either by facsimile or electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by facsimile or electronic mail pursuant to this subdivision.
SEC. 7.Section 3043 of the Penal Code is amended to read:3043.(a)(1)Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or consider the parole suitability for any inmate in a state prison shall be given by telephone, certified mail, regular mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, by the Board of Parole Hearings at least 90 days before the hearing to any victim of any crime committed by the inmate, or to the next of kin of the victim if the victim has died, to include the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, and any other felony crimes or crimes against the person for which the inmate has been convicted. The requesting party shall keep the board apprised of his or her current contact information in order to receive the notice.
(2)No later than 30 days before the date selected for the hearing, any person, other than the victim, entitled to attend the hearing shall inform the board of his or her intention to attend the hearing and the name and identifying information of any other person entitled to attend the hearing who will accompany him or her.
(3)No later than 14 days before the date selected for the hearing, the board shall notify every person entitled to attend the hearing confirming the date, time, and place of the hearing.
(b)(1)The victim, next of kin, members of the victims family, and two representatives designated as provided in paragraph (2) of this subdivision have the right to appear, personally or by counsel, at the hearing and to adequately and reasonably express his, her, or their views concerning the inmate and the case, including, but not limited to the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, any other felony crimes or crimes against the person for which the inmate has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the inmate for parole.
(2)Any statement provided by a representative designated by the victim or next of kin may cover any subject about which the victim or next of kin has the right to be heard including any recommendation regarding the granting of parole. The representatives shall be designated by the victim or, in the event that the victim is deceased or incapacitated, by the next of kin. They shall be designated in writing for the particular hearing before the hearing.
(c)A representative designated by the victim or the victims next of kin for purposes of this section may be any adult person selected by the victim or the family of the victim. The board shall permit a representative designated by the victim or the victims next of kin to attend a particular hearing, to provide testimony at a hearing, and to submit a statement to be included in the hearing as provided in Section 3043.2, even though the victim, next of kin, or a member of the victims immediate family is present at the hearing, and even though the victim, next of kin, or a member of the victims immediate family has submitted a statement as described in Section 3043.2.
(d)The board, in deciding whether to release the person on parole, shall consider the entire and uninterrupted statements of the victim or victims, next of kin, immediate family members of the victim, and the designated representatives of the victim or next of kin, if applicable, made pursuant to this section and shall include in its report a statement whether the person would pose a threat to public safety if released on parole.
(e)In those cases where there are more than two immediate family members of the victim who wish to attend any hearing covered in this section, the board shall allow attendance of additional immediate family members to include the following: spouse, children, parents, siblings, grandchildren, and grandparents.
SEC. 8.Section 3043.1 of the Penal Code is amended to read:3043.1.Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability of any inmate pursuant to Section 3043 shall be entitled to the attendance of one person of his or her own choosing at the hearing for support. The person so chosen shall not participate in the hearing nor make comments while in attendance.
SEC. 9.Section 3043.2 of the Penal Code is amended to read:3043.2.(a)(1)In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim.
(2)A representative designated by the victim or the victims next of kin for purposes of this section must be either a family or household member of the victim.
(3)The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole.
(b)Whenever an audio or video statement or a statement stored on a CD-ROM, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement.
(c)Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin.
(d)In the event the board permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.
SEC. 10.Section 3043.25 of the Penal Code is amended to read:3043.25.Any victim, next of kin, members of the victims immediate family, or representatives designated for a particular hearing by the victim or next of kin in writing before the hearing who have the right to appear at a hearing to review parole suitability, either personally as provided in Section 3043, or by a written, audiotaped, or videotaped statement as provided in Section 3043.2, and any prosecutor who has the right to appear pursuant to Section 3041.7, shall also have the right to appear by means of videoconferencing, if videoconferencing is available at the hearing site. For the purposes of this section, videoconferencing means the live transmission of audio and video signals by any means from one physical location to another.
SEC. 11.Section 3046 of the Penal Code is amended to read:3046.(a)An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following:
(1)A term of at least seven calendar years.
(2)A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.
(b)If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until he or she has served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.
(c)Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.
(d)The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.
SEC. 12.Section 3052 of the Penal Code is amended to read:3052.The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole.
SEC. 13.Section 4.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Assembly Bill 487. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Assembly Bill 487, in which case Section 4 of this bill shall not become operative.
(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
(2)One year before the inmates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.Section 3041.1 of the Penal Code is amended to read:3041.1.(a)Any time before an inmates release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors.
(b)If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter.
SEC. 3.Section 3041.2 of the Penal Code is amended to read:3041.2.(a)During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the boards decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board.
(b)If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.
SEC. 4.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing an inmates parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions.
(2)Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.
(B)Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the inmate than seven additional years.
(C)Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.
(4)The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the inmate provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.
(2)The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4)of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 4.5.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing a prisoners an inmates parole suitability, or the setting, postponing, or rescinding of parole dates, parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days prior to any before a hearing by the Board of Parole Hearings, the prisoner inmate shall be permitted to review his or her the file which that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The prisoner inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner inmate nor the attorney for the prisoner inmate shall be entitled to ask questions of any a person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by some other provision of another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The prisoner inmate and any a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following any meeting where a parole date has been set, a decision granting parole, the board shall send the prisoner inmate a written statement setting forth his or her parole date, the reason or reasons for granting parole, the conditions he or she must meet in order to be released on the date set, released, and the consequences of failure to meet those conditions.
(2)Within 20 days following any meeting where a parole date has not been set, a decision denying parole, the board shall send the prisoner inmate a written statement setting forth the reason or reasons for refusal to set a parole date, denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after any a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the prisoner inmate than 10 additional years.
(B)Ten years after any a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the prisoner inmate than seven additional years.
(C)Three years, five years, or seven years after any a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the prisoner, inmate, but does not require a more lengthy period of incarceration for the prisoner inmate than seven additional years.
(4)The board may may, in its discretion, after considering the views and interests of the victim, victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3).
(5)Within 10 days of any board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action.
(6)
(5)Within 10 days of any a board action resulting in the rescinding of a previously set parole date, parole, the board shall send the prisoner inmate a written statement setting forth the reason or reasons for that action, and shall schedule the prisoners inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in in, but shall not be deemed to be binding upon upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (3) of subdivision (a) subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmates request. Notice shall be satisfied by mailing copies of the inmates request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services.
(2)The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with the provisions of this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 5.Section 3041.7 of the Penal Code is amended to read:3041.7.At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
SEC. 6.Section 3042 of the Penal Code is amended to read:3042.(a)At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: 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, the law enforcement agency that investigated the case, and where the inmate was convicted of the murder of a peace officer, the law enforcement agency which had employed that peace officer at the time of the murder.
(b)The Board of Parole Hearings shall record all those hearings and transcribe recordings of those hearings within 30 days of any hearing. Those transcripts, including the transcripts of all prior hearings, shall be filed and maintained in the office of the Board of Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. No inmate shall actually be released on parole before 60 days from the date of the hearing.
(c)At any hearing, the presiding hearing officer shall state his or her findings and supporting reasons on the record.
(d)Any statements, recommendations, or other materials considered shall be incorporated into the transcript of the hearing, unless the material is confidential in order to preserve institutional security and the security of others who might be endangered by disclosure.
(e)(1)The written notice to the judge of the superior court before whom the inmate was tried and convicted shall be sent by United States mail.
(2)The judge receiving this written notice may forward to the board any unprivileged information from the trial or sentencing proceeding regarding the inmate, witnesses, or victims, or other relevant persons, or any other information, that is pertinent to the question of whether the board should grant parole or under what conditions parole should be granted. The judge may also, in his or her discretion, include information given to him or her by victims, witnesses, or other persons that bear on the question of the inmates suitability for parole.
(3)The board shall review and consider all information received from the judge or any other person and shall consider adjusting the conditions of parole to reflect the comments or concerns raised by this information, as appropriate.
(f)Nothing in this section shall be construed as limiting the type or content of information the judge or any other person may forward to the board for consideration under any other law.
(g)Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole suitability hearing for a person sentenced to a life sentence under this section, may forward that information either by facsimile or electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by facsimile or electronic mail pursuant to this subdivision.
SEC. 7.Section 3043 of the Penal Code is amended to read:3043.(a)(1)Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or consider the parole suitability for any inmate in a state prison shall be given by telephone, certified mail, regular mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, by the Board of Parole Hearings at least 90 days before the hearing to any victim of any crime committed by the inmate, or to the next of kin of the victim if the victim has died, to include the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, and any other felony crimes or crimes against the person for which the inmate has been convicted. The requesting party shall keep the board apprised of his or her current contact information in order to receive the notice.
(2)No later than 30 days before the date selected for the hearing, any person, other than the victim, entitled to attend the hearing shall inform the board of his or her intention to attend the hearing and the name and identifying information of any other person entitled to attend the hearing who will accompany him or her.
(3)No later than 14 days before the date selected for the hearing, the board shall notify every person entitled to attend the hearing confirming the date, time, and place of the hearing.
(b)(1)The victim, next of kin, members of the victims family, and two representatives designated as provided in paragraph (2) of this subdivision have the right to appear, personally or by counsel, at the hearing and to adequately and reasonably express his, her, or their views concerning the inmate and the case, including, but not limited to the commitment crimes, determinate term commitment crimes for which the inmate has been paroled, any other felony crimes or crimes against the person for which the inmate has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the inmate for parole.
(2)Any statement provided by a representative designated by the victim or next of kin may cover any subject about which the victim or next of kin has the right to be heard including any recommendation regarding the granting of parole. The representatives shall be designated by the victim or, in the event that the victim is deceased or incapacitated, by the next of kin. They shall be designated in writing for the particular hearing before the hearing.
(c)A representative designated by the victim or the victims next of kin for purposes of this section may be any adult person selected by the victim or the family of the victim. The board shall permit a representative designated by the victim or the victims next of kin to attend a particular hearing, to provide testimony at a hearing, and to submit a statement to be included in the hearing as provided in Section 3043.2, even though the victim, next of kin, or a member of the victims immediate family is present at the hearing, and even though the victim, next of kin, or a member of the victims immediate family has submitted a statement as described in Section 3043.2.
(d)The board, in deciding whether to release the person on parole, shall consider the entire and uninterrupted statements of the victim or victims, next of kin, immediate family members of the victim, and the designated representatives of the victim or next of kin, if applicable, made pursuant to this section and shall include in its report a statement whether the person would pose a threat to public safety if released on parole.
(e)In those cases where there are more than two immediate family members of the victim who wish to attend any hearing covered in this section, the board shall allow attendance of additional immediate family members to include the following: spouse, children, parents, siblings, grandchildren, and grandparents.
SEC. 8.Section 3043.1 of the Penal Code is amended to read:3043.1.Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability of any inmate pursuant to Section 3043 shall be entitled to the attendance of one person of his or her own choosing at the hearing for support. The person so chosen shall not participate in the hearing nor make comments while in attendance.
SEC. 9.Section 3043.2 of the Penal Code is amended to read:3043.2.(a)(1)In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim.
(2)A representative designated by the victim or the victims next of kin for purposes of this section must be either a family or household member of the victim.
(3)The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole.
(b)Whenever an audio or video statement or a statement stored on a CD-ROM, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement.
(c)Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin.
(d)In the event the board permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.
SEC. 10.Section 3043.25 of the Penal Code is amended to read:3043.25.Any victim, next of kin, members of the victims immediate family, or representatives designated for a particular hearing by the victim or next of kin in writing before the hearing who have the right to appear at a hearing to review parole suitability, either personally as provided in Section 3043, or by a written, audiotaped, or videotaped statement as provided in Section 3043.2, and any prosecutor who has the right to appear pursuant to Section 3041.7, shall also have the right to appear by means of videoconferencing, if videoconferencing is available at the hearing site. For the purposes of this section, videoconferencing means the live transmission of audio and video signals by any means from one physical location to another.
SEC. 11.Section 3046 of the Penal Code is amended to read:3046.(a)An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following:
(1)A term of at least seven calendar years.
(2)A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.
(b)If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until he or she has served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.
(c)Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.
(d)The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.
SEC. 12.Section 3052 of the Penal Code is amended to read:3052.The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole.
SEC. 13.Section 4.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Assembly Bill 487. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Assembly Bill 487, in which case Section 4 of this bill shall not become operative.
(a)(1)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year prior to before the inmates minimum eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting or withholding of postconviction credit. parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. One year prior to
(2)One year before the inmates minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally set a parole release date grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. In
(3)In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e). The release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to the setting of parole release dates. The board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of the crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. At
(4)Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.
(5)At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)(1)The panel or the board, sitting en banc, shall set a release date grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual, and that a parole date, therefore, cannot be fixed at this meeting. After the effective date of this subdivision, individual.
(2)After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. No
(3)A decision of the parole a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2.Section 3041.1 of the Penal Code is amended to read:3041.1.Up to 90 days prior to a scheduled release date, (a)Any time before an inmates release, the Governor may request review of any a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors. When
(b)If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with the provisions of this chapter.
SEC. 3.Section 3041.2 of the Penal Code is amended to read:3041.2.(a)During the 30 days following the granting, denial, revocation, or suspension by a parole authority the board of the parole of a person an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the authoritys boards decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the parole authority. board.
(b)If the Governor decides to reverse or modify a parole decision of a parole authority the board pursuant to subdivision (b) of Section 8 of Article V of the Constitution, he or she shall send a written statement to the inmate specifying the reasons for his or her decision.
SEC. 4.Section 3041.5 of the Penal Code is amended to read:3041.5.(a)At all hearings for the purpose of reviewing a prisoners an inmates parole suitability, or the setting, postponing, or rescinding of parole dates, parole, with the exception of en banc review of tie votes, the following shall apply:
(1)At least 10 days prior to before any hearing by the Board of Parole Hearings, the prisoner inmate shall be permitted to review his or her the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file.
(2)The prisoner inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner inmate nor the attorney for the prisoner inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.
(3)Unless legal counsel is required by some other provision of law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures.
(4)The prisoner inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6)The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.
(b)(1)Within 10 days following any meeting where a parole date has been set, decision granting parole, the board shall send the prisoner inmate a written statement setting forth his or her parole date, the reason or reasons for granting parole, the conditions he or she must meet in order to be released on the date set, released, and the consequences of failure to meet those conditions.
(2)Within 20 days following any meeting where a parole date has not been set, decision denying parole, the board shall send the prisoner inmate a written statement setting forth the reason or reasons for refusal to set a parole date, denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated.
(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:
(A)Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the prisoner inmate than 10 additional years.
(B)Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety does not require a more lengthy period of incarceration for the prisoner inmate than seven additional years.
(C)Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 decision denying parole are such that consideration of the public and victims safety requires a more lengthy period of incarceration for the prisoner, inmate, but does not require a more lengthy period of incarceration for the prisoner inmate than seven additional years.
(4)The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require the additional period of incarceration of the prisoner inmate provided in paragraph (3).
(5)Within 10 days of any board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action.
(6)
(5)Within 10 days of any board action resulting in the rescinding of a previously set parole date, parole, the board shall send the prisoner inmate a written statement setting forth the reason or reasons for that action, and shall schedule the prisoners inmates next hearing in accordance with paragraph (3).
(c)The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (3) of subdivision (a) paragraph (1) of subdivision (b) of Section 3041.
(d)(1)An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.
(2)The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with the provisions of this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4)of subdivision (b).
(3)An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.
SEC. 5.Section 3041.7 of the Penal Code is amended to read:3041.7.At any hearing for the purpose of setting, postponing, or rescinding a parole release date of a prisoner an inmate under a life sentence, the prisoner inmate shall be entitled to be represented by counsel and the provisions of Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the prisoner inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days prior to before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the prisoner inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
SEC. 6.Section 3042 of the Penal Code is amended to read:3042.(a)At least 30 days before the Board of Prison Terms Parole Hearings meets to review or consider the parole suitability or the setting of a parole date for any prisoner of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: the judge of the superior court before whom the prisoner 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, the law enforcement agency that investigated the case, and where the prisoner inmate was convicted of the murder of a peace officer, the law enforcement agency which had employed that peace officer at the time of the murder.
(b)The Board of Prison Terms Parole Hearings shall record all those hearings and transcribe recordings of those hearings within 30 days of any hearing. Those transcripts, including the transcripts of all prior hearings, shall be filed and maintained in the office of the Board of Prison Terms Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. No prisoner inmate shall actually be released on parole prior to before 60 days from the date of the hearing.
(c)At any hearing, the presiding hearing officer shall state his or her findings and supporting reasons on the record.
(d)Any statements, recommendations, or other materials considered shall be incorporated into the transcript of the hearing, unless the material is confidential in order to preserve institutional security and the security of others who might be endangered by disclosure.
(e)This section shall not apply to any hearing held to consider advancing a prisoners parole date due to his or her conduct since his or her last hearing.
(f)
(e)(1)The written notice to the judge of the superior court before whom the prisoner inmate was tried and convicted shall be sent by United States mail.
(2)The judge receiving this written notice may forward to the parole board any unprivileged information from the trial or sentencing proceeding regarding the prisoner, inmate, witnesses, or victims, or other relevant persons, or any other information, that is pertinent to the question of whether the parole board should grant parole or under what conditions parole should be granted. The judge may also, in his or her discretion, include information given to him or her by victims, witnesses, or other persons that bear on the question of the prisoners inmates suitability for parole.
(3)The parole board shall review and consider all information received from the judge or any other person and shall consider adjusting the terms or conditions of parole to reflect the comments or concerns raised by this information, as appropriate.
(g)
(f)Nothing in this section shall be construed as limiting the type or content of information the judge or any other person may forward to the parole board for consideration under any other provision of law.
(h)
(g)Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole suitability hearing or the setting of a parole date for a person sentenced to a life sentence under this section, may forward that information either by facsimile or electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by facsimile or electronic mail pursuant to this subdivision.
SEC. 7.Section 3043 of the Penal Code is amended to read:3043.(a)(1)Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or consider the parole suitability or the setting of a parole date for any prisoner for any inmate in a state prison shall be given by telephone, certified mail, regular mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, by the Board of Parole Hearings at least 90 days before the hearing to any victim of any crime committed by the prisoner, inmate, or to the next of kin of the victim if the victim has died, to include the commitment crimes, determinate term commitment crimes for which the prisoner inmate has been paroled, and any other felony crimes or crimes against the person for which the prisoner inmate has been convicted. The requesting party shall keep the board apprised of his or her current contact information in order to receive the notice.
(2)No later than 30 days prior to before the date selected for the hearing, any person, other than the victim, entitled to attend the hearing shall inform the board of his or her intention to attend the hearing and the name and identifying information of any other person entitled to attend the hearing who will accompany him or her.
(3)No later than 14 days prior to before the date selected for the hearing, the board shall notify every person entitled to attend the hearing confirming the date, time, and place of the hearing.
(b)(1)The victim, next of kin, members of the victims family, and two representatives designated as provided in paragraph (2) of this subdivision have the right to appear, personally or by counsel, at the hearing and to adequately and reasonably express his, her, or their views concerning the prisoner inmate and the case, including, but not limited to the commitment crimes, determinate term commitment crimes for which the prisoner inmate has been paroled, any other felony crimes or crimes against the person for which the prisoner inmate has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the prisoner inmate for parole.
(2)Any statement provided by a representative designated by the victim or next of kin may cover any subject about which the victim or next of kin has the right to be heard including any recommendation regarding the granting of parole. The representatives shall be designated by the victim or, in the event that the victim is deceased or incapacitated, by the next of kin. They shall be designated in writing for the particular hearing prior to before the hearing.
(c)A representative designated by the victim or the victims next of kin for purposes of this section may be any adult person selected by the victim or the family of the victim. The board shall permit a representative designated by the victim or the victims next of kin to attend a particular hearing, to provide testimony at a hearing, and to submit a statement to be included in the hearing as provided in Section 3043.2, even though the victim, next of kin, or a member of the victims immediate family is present at the hearing, and even though the victim, next of kin, or a member of the victims immediate family has submitted a statement as described in Section 3043.2.
(d)The board, in deciding whether to release the person on parole, shall consider the entire and uninterrupted statements of the victim or victims, next of kin, immediate family members of the victim, and the designated representatives of the victim or next of kin, if applicable, made pursuant to this section and shall include in its report a statement whether the person would pose a threat to public safety if released on parole.
(e)In those cases where there are more than two immediate family members of the victim who wish to attend any hearing covered in this section, the board shall allow attendance of additional immediate family members to include the following: spouse, children, parents, siblings, grandchildren, and grandparents.
SEC. 8.Section 3043.1 of the Penal Code is amended to read:3043.1.Notwithstanding any other provision of law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability or the setting of a parole date for any prisoner of any inmate pursuant to Section 3043 shall be entitled to the attendance of one person of his or her own choosing at the hearing for support. The person so chosen shall not participate in the hearing nor make comments while in attendance.
SEC. 9.Section 3043.2 of the Penal Code is amended to read:3043.2.(a)(1)In lieu of personal appearance at any hearing to review the parole suitability or the setting of a parole date, suitability, the Board of Prison Terms Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing prior to before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD Rom, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim.
(2)A representative designated by the victim or the victims next of kin for purposes of this section must be either a family or household member of the victim.
(3)The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole.
(b)Whenever an audio or video statement or a statement stored on a CD Rom, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement.
(c)Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin.
(d)In the event the board permits an audio or video statement or statement stored on a CD Rom, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.
SEC. 10.Section 3043.25 of the Penal Code is amended to read:3043.25.Any victim, next of kin, members of the victims immediate family, or representatives designated for a particular hearing by the victim or next of kin in writing prior to before the hearing who have the right to appear at a hearing to review parole suitability or the setting of a parole date, either personally as provided in Section 3043, or by a written, audiotaped, or videotaped statement as provided in Section 3043.2, and any prosecutor who has the right to appear pursuant to Section 3041.7, shall also have the right to appear by means of videoconferencing, if videoconferencing is available at the hearing site. For the purposes of this section, videoconferencing means the live transmission of audio and video signals by any means from one physical location to another.
SEC. 11.Section 3046 of the Penal Code is amended to read:3046.(a)No prisoner An inmate imprisoned under a life sentence may shall not be paroled until he or she has served the greater of the following:
(1)A term of at least seven calendar years.
(2)A term as established pursuant to any other provision of law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.
(b)If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, no prisoner an inmate so imprisoned may shall not be paroled until he or she has served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.
(c)Notwithstanding subdivisions (a) and (b), a prisoner an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.
(d)The Board of Prison Terms Parole Hearings shall, in considering a parole for a prisoner, an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of the parole. The board shall enter on its order granting or denying parole to these prisoners, inmates, the fact that the statements and recommendations have been considered by it.
SEC. 12.Section 3052 of the Penal Code is amended to read:3052.The Board of Prison Terms Parole Hearings shall have the power to establish and enforce rules and regulations under which prisoners inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclosures when eligible for parole.
SECTION 1.Section 3041 of the Penal Code is amended to read:3041.(a)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmates minimum eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting or withholding of postconviction credit. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. One year before the inmates minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally set a parole release date as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e). The release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to the setting of parole release dates. The board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of the crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)The panel or the board, sitting en banc, shall set a release date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual, and that a parole date, therefore, cannot be fixed at this meeting. After the effective date of this subdivision, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the inmate is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly, in compliance with Section 9795 of the Government Code.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
(a)In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year prior to before the inmates minimum eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting or withholding of postconviction credit. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. One year prior to before the inmates minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally set a parole release date as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e). The release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to the setting of parole release dates. The board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of the crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b)The panel or the board, sitting en banc, shall set a release date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual, and that a parole date, therefore, cannot be fixed at this meeting. After the effective date of this subdivision, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c)For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person inmate is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2.
(d)It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly, in compliance with Section 9795 of the Government Code.
(e)For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1)The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2)The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3)The board shall separately state reasons for its decision to grant or deny parole.
(4)A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
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Date
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Status
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| Jun 4, 2015 | Referred to Com. on PUB. S. |
| Oct 3, 2015 | Chaptered by Secretary of State. Chapter 470, Statutes of 2015. |
| Oct 3, 2015 | Approved by the Governor. |
| Sep 8, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 2, 2015 | Assembly amendments concurred in. (Ayes 23. Noes 15.) Ordered to engrossing and enrolling. |
| Sep 2, 2015 | Assembly amendments concurred in. (Ayes 23. Noes 15. Page 2416.) Ordered to engrossing and enrolling. |
| Aug 31, 2015 | Read third time. Passed. (Ayes 41. Noes 35. Page 2699.) Ordered to the Senate. |
| Aug 31, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 31, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 16, 2015 | Read third time and amended. |
| Jul 16, 2015 | Ordered to third reading. |
| Jul 9, 2015 | Read second time. Ordered to third reading. |
| Jul 8, 2015 | From committee: Do pass. (Ayes 10. Noes 4.) (July 8). |
| Jun 16, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 16). Re-referred to Com. on APPR. |
| Feb 13, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 26, 2015 | Read third time. Passed. (Ayes 21. Noes 15.) Ordered to the Assembly. |
| May 26, 2015 | Read third time. Passed. (Ayes 21. Noes 15. Page 1096.) Ordered to the Assembly. |
| May 26, 2015 | In Assembly. Read first time. Held at Desk. |
| May 12, 2015 | Read second time. Ordered to third reading. |
| May 11, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 1, 2015 | Set for hearing May 11. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 822.) (April 28). Re-referred to Com. on APPR. |
| Apr 9, 2015 | Set for hearing April 28. |
| Apr 7, 2015 | Re-referred to Com. on PUB. S. |
| Mar 24, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 26, 2015 | Referred to Com. on RLS. |
| Feb 17, 2015 | From printer. May be acted upon on or after March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 2, 2015 | Unfinished Business SB230 Hancock Concurrence | Senate Floor |
Passed |
|
| Aug 31, 2015 | SB 230 Hancock Senate Third Reading By QUIRK | Assembly Floor |
Passed |
|
| Jul 8, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 16, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 26, 2015 | Senate 3rd Reading SB230 Hancock | Senate Floor |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Public Defenders Association | ** Support | Aug 31, 2015 |
| Californians for Safety and Justice | ** Support | Aug 31, 2015 |
| Friends Committee On Legislation Of California | ** Support | Aug 31, 2015 |
| Legal Services for Prisoners with Children | ** Support | Aug 31, 2015 |
SB 230
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 230
Amended: 7/16/15
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/28/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 21-15, 5/26/15
AYES: Beall, Block, De León, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Galgiani, Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Runner, Stone, Vidak
NO VOTE RECORDED: Allen, Cannella, Hall
ASSEMBLY FLOOR: 41-35, 8/31/15 - See last page for vote
DIGEST: This bill provides that once a person is found suitable for parole he or she will be released.
Assembly Amendments add double-jointing language to avoiding chaptering problems between this bill and AB 487(Gonzalez).
Existing law:
Provides that in the case of any inmate sentenced to an indeterminate sentence, the Board of Parole Hearings (Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit. (Penal Code § 3041(a))
Provides that one year prior to the inmate’s minimum eligible parole release date, a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date. (Penal Code § 3041(a))
Provides that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. (Penal Code § 3041 (a))
Provides that one year prior to the inmate’s minimum eligible parole release date, a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Section 3041.5. (Penal Code § 3041(a))
Provides that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that hearing the Board may review the panel’s decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the Board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the Board, sitting en banc, following a public meeting. (Penal Code § 3041(b))
Provides that, through regulations, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole.
Provides that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison. (Penal Code § 3041.1)
This bill:
Provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Provides that any time before an inmate’s release, the Governor can make a request a review of the decision.
Makes technical and conforming changes.
Background
Release upon a finding of suitability. Under existing law, a person can be found suitable for parole by the Board and still not be released because of the various enhancements that can be added to the person’s term. The first parole hearing is not until the date that seems like the person’s sentence (ie. 15 years is 15 to life minus any eligible credits etc.), yet because of the added time a person could be found suitable for parole and held in prison two, five, or even 10 or more years beyond that date. This is the case even though the Board, in determining suitability, takes into consideration the facts of the original crime, including those that add time, along with the steps the inmate has taken toward rehabilitation and his or her current danger to the public. To be found suitable for parole the Board has found that he or she is not a current danger; however, the current system keeps them in for longer at great expense and no added safety to the public.
This bill provides that if an inmate is found suitable he or she shall be released, after the Governor’s statutory right of review. The author believes that this is a truth in sentencing provision. If a person serves his or her time as imposed by the sentencing court and is found suitable, he or she is released. This will also give the inmate a realistic timeframe to work toward rehabilitating himself or herself. The author believes that to be found suitable by the Board and then kept longer because of factors in your original crime, that were already considered by the Board, does not encourage rehabilitative behavior by inmates.
Change in time for the Governor to request a review of the parole decision. Under existing law, the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill once found suitable, a person will be released after the 120 days the Governor has to review parole decisions. Because of this shorter timeframe to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. Thus, this bill allows the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, unknown potential savings to the California Department of Corrections for reduced incarceration periods. Assuming the annual contracted bed rate of $29,000 per inmate, the annual General Fund savings would be $29,000 per each additional year not served by an inmate paroled timely.
American Civil Liberties Union
Californians for Safety and Justice
California Public Defenders Association
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
OPPOSITION: (Verified 8/31/15)
None received
ARGUMENTS IN SUPPORT: The California Public Defenders Association states:
The effect of SB 230 is restoration of truth in sentencing. SB 230 would provide that when an individual is found suitable for parole by the Board of Parole Hearings (BPH), that they would actually be granted parole pending review by the Governor. Under the current convoluted system of calculating parole time, an inmate can remain in prison, sometimes upwards of years, after BPH finds them suitable for parole. Under current law, BPH considers and adds additional years to an inmate’s incarceration based on previous criminal charges that the inmate was never convicted of or enhancements that the sentencing court already took into account. This opaque parole system results in inmates who have been found suitable for parole serving additional time (often years) before they are actually paroled.
SB 230 simplifies our parole system in a basic and commonsense way. It saves money and ensures public safety, by ensuring that suitable inmates are released.
ASSEMBLY FLOOR: 41-35, 8/31/15
AYES: Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooley, Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Medina, Melendez, Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Alejo, Cooper, Frazier, Rodriguez
Prepared by: Mary Kennedy / PUB. S. /
8/31/15 19:58:24
**** END ****
SB 230
Page 3
SENATE THIRD READING
SB 230
(Hancock)
As Amended July 16, 2015
Majority vote
SENATE VOTE: 21-15
Committee |
Votes |
Ayes |
Noes |
Public Safety |
4-1 |
Jones-Sawyer, Lopez, Low, Santiago |
Lackey |
Appropriations |
10-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones |
SUMMARY: Allows inmates serving life sentences who are found suitable for parole, to be paroled as specified. Authorizes the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmate's scheduled release. Specifically, this bill:
Requires a panel of two or more commissioners or deputy commissioners to meet with each inmate one year before the inmate’s minimum eligible parole date in order to grant or deny parole, as specified.
Provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Specifies that any time before an inmate's release the Governor can request a review of parole suitability.
Requires an inmate found suitable for parole not be released prior to his or her minimum eligible parole date, unless eligible for an earlier release as a youthful offender.
Makes technical and conforming changes.
EXISTING LAW:
Provides that in the case of any inmate sentenced to an indeterminate sentence the Board of Parole Hearings (Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit.
Provides that one year prior to the inmate's minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date.
Specifies that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime.
States that one year prior to the inmate's minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Penal Code Section 3041.5.
Specifies that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that time the board may review the panel's decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
Provides that, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole.
States that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison.
Specifies that the panel shall first determine whether a prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
States that all relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown potential savings to the California Department of Corrections (DCDR) for reduced incarceration periods. Assuming the annual contracted bed rate of $29,000 per inmate, the annual General Fund savings would be $29,000 per each additional year not served by an inmate paroled timely.
COMMENTS: According to the author, "SB 230 is the Responsible Parole Act. It ensures that once the Board of Parole Hearings determines that an inmate is eligible, suitable, and safe for parole, the implementation of that decision is expedited.
"Currently, it is possible for an inmate to be found suitable and safe for parole by the Board but still have their parole date delayed by significant time, often years. This is because the current system of sentencing enhancements can add time for charges that the inmate was never convicted of, or factual findings that the jury at trial declined to find.
"If a prisoner is deemed eligible and safe for release by the authorities, they should be released as soon as feasible and not subjected to excessive delays. Why should we keep them for additional months or years in our state prison system at tremendous cost to taxpayers?
"The bill creates steps to minimize bureaucratic delay, remove duplication, and eliminate unfair procedures that often result in a supposedly 'paroled' inmate spending additional time—often years – in prison before his or her actual release.
"The bill also makes it easier for the Governor to review all parole decisions by allowing him or her to decide whether to approve parole any time before an inmate's scheduled parole date."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001253
SB 230
Page 3
SENATE THIRD READING
SB 230
(Hancock)
As Amended March 24, 2015
Majority vote
SENATE VOTE: 21-15
Committee |
Votes |
Ayes |
Noes |
Public Safety |
4-1 |
Jones-Sawyer, Lopez, Low, Santiago |
Lackey |
Appropriations |
10-4 |
Gomez, Bloom, Bonta, Calderon, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones |
SUMMARY: Allows inmates serving life sentences who are found suitable for parole, to be paroled as specified. Authorizes the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmate's scheduled release. Specifically, this bill:
Requires a panel of two or more commissioners or deputy commissioners to meet with each inmate one year before the inmate’s minimum eligible parole date in order to grant or deny parole, as specified.
Provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Specifies that any time before an inmate’s release the Governor can request a review of parole suitability.
Requires an inmate found suitable for parole not be released prior to his or her minimum eligible parole date, unless eligible for an earlier release as a youthful offender.
Makes technical and conforming changes.
EXISTING LAW:
Provides that in the case of any inmate sentenced to an indeterminate sentence the Board of Parole Hearings (Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit.
Provides that one year prior to the inmate's minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date.
Specifies that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime.
States that one year prior to the inmate's minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Penal Code Section 3041.5.
Specifies that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that time the board may review the panel's decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
Provides that, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole.
States that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison.
Specifies that the panel shall first determine whether a prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
States that all relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown potential savings to the California Department of Corrections (DCDR) for reduced incarceration periods. Assuming the annual contracted bed rate of $29,000 per inmate, the annual General Fund savings would be $29,000 per each additional year not served by an inmate paroled timely.
COMMENTS: According to the author, "SB 230 is the Responsible Parole Act. It ensures that once the Board of Parole Hearings determines that an inmate is eligible, suitable, and safe for parole, the implementation of that decision is expedited.
"Currently, it is possible for an inmate to be found suitable and safe for parole by the Board but still have their parole date delayed by significant time, often years. This is because the current system of sentencing enhancements can add time for charges that the inmate was never convicted of, or factual findings that the jury at trial declined to find.
"If a prisoner is deemed eligible and safe for release by the authorities, they should be released as soon as feasible and not subjected to excessive delays. Why should we keep them for additional months or years in our state prison system at tremendous cost to taxpayers?
"The bill creates steps to minimize bureaucratic delay, remove duplication, and eliminate unfair procedures that often result in a supposedly 'paroled' inmate spending additional time—often years – in prison before his or her actual release.
"The bill also makes it easier for the Governor to review all parole decisions by allowing him or her to decide whether to approve parole any time before an inmate's scheduled parole date."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001165
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 230
(Hancock) – As Amended March 24, 2015
Policy Committee: |
Public Safety |
Vote: |
4 - 1 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows inmates serving life sentences, who are found suitable for parole, to be paroled as specified. However, this bill authorizes the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmate’s scheduled release.
FISCAL EFFECT:
Unknown potential savings to the California Department of Corrections (DCDR) for reduced incarceration periods. Assuming the annual contracted bed rate of $29,000 per inmate, the annual General Fund savings would be $29,000 per each additional year not served by an inmate paroled timely.
COMMENTS:
Purpose. According to the author, "SB 230 is the Responsible Parole Act. It ensures that once the Board of Parole Hearings determines that an inmate is eligible, suitable, and safe for parole, the implementation of that decision is expedited."
“Currently, it is possible for an inmate to be found suitable and safe for parole by the Board but still have their parole date delayed by significant time, often years. This is because the current system of sentencing enhancements can add time for charges that the inmate was never convicted of, or factual findings that the jury at trial declined to find."
”If a prisoner is deemed eligible and safe for release by the authorities, they should be released as soon as feasible and not subjected to excessive delays. Why should we keep them for additional months or years in our state prison system at tremendous cost to taxpayers?Background. The Board of Parole Hearings was created in 2005. Prior to 2005, the Board of Prison Terms handled the adult population eligible to receive parole. The Board of Prison Terms was charged with parole hearings and revocation hearings for adults. Based on the recommendations of a task force assembled by then Governor Schwarzenegger, the Board of Prison Terms was dissolved to form the Board of Parole Hearings charged with similar responsibilities and governed by the same statutory language. Among its many powers, the Board of Parole Hearings has the authority to determine parole suitability and set a date for parole release when an individual is found suitable for release.
Even after the parole board finds an individual suitable for release they may still require an individual to spend months or even years in prison before being released. These lengthened sentences result from the term calculation process the parole board engages in to determine how many years an individual should spend in prison to satisfy the non-rehabilitative purposes of incarceration. These term calculations can extend or alter an individual’s sentence, creating a system of back-end sentencing in which a judge’s sentence may bear little resemblance to the actual time an individual serves under correctional control.
Under existing law the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill, once found suitable, a person will be released after the 120 days that the Governor has to review parole decisions. Because of this shorter time frame to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. This bill would allow the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
SB 230
Page 5
Date of Hearing: June 16, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 230
(Hancock) – As Amended March 24, 2015
SUMMARY:
Allows inmates serving life sentences who are found suitable for
parole, to be paroled as specified. Authorizes
the Governor to request a review of a decision by the board to grant
or deny parole at any time before the inmate’s scheduled release.
Specifically, this bill:
Requires a panel of two or more commissioners or deputy commissioners to meet with each inmate one year before the inmate’s minimum eligible parole date in order to grant or deny parole, as specified.
Provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Specifies that any time before an inmate’s release the Governor can request a review of parole suitability.
Requires an inmate found suitable for parole not be released prior to his or her minimum eligible parole date, unless eligible for an earlier release as a youthful offender.
Makes technical and conforming changes.
EXISTING LAW:
Provides that in the case of any inmate sentenced to an indeterminate sentence the Board of Parole Hearings (the Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit. (Pen. Code, § 3041, subd. (a).)
Provides that one year prior to the inmate’s minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date. (Pen. Code, § 3041, subd. (a).)
Specifies that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. (Pen. Code, § 3041, subd. (a).)
States that one year prior to the inmate’s minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Section 3041.5. (Pen. Code, § 3041, subd. (a).)
Specifies that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that time the board may review the panel’s decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting. (Pen. Code, § 3041, subd. (b).)
Provides that, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole. (Cal. Code Regs. tit. 15, § 2403.)
States that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison. (Pen. Code, § 3041.1.)
Specifies that the panel shall first determine whether a prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison. (Cal. Code Regs. tit. 15, § 2281, subd. (a).)
States that all relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability. (Cal. Code Regs. tit. 15, § 2281, subd. (b).)
FISCAL EFFECT: Unknown.
COMMENTS:
Author's Statement: According to the author, "SB 230 is the Responsible Parole Act. It ensures that once the Board of Parole Hearings determines that an inmate is eligible, suitable, and safe for parole, the implementation of that decision is expedited.
“Currently, it is possible for an inmate to be found suitable and safe for parole by the Board but still have their parole date delayed by significant time, often years. This is because the current system of sentencing enhancements can add time for charges that the inmate was never convicted of, or factual findings that the jury at trial declined to find.
”If a prisoner is deemed eligible and safe for release by the authorities, they should be released as soon as feasible and not subjected to excessive delays. Why should we keep them for additional months or years in our state prison system at tremendous cost to taxpayers?
”The bill creates steps to minimize bureaucratic delay, remove duplication, and eliminate unfair procedures that often result in a supposedly “paroled” inmate spending additional time—often years—in prison before his or her actual release.
”The bill also makes it easier for the Governor to review all parole decisions by allowing him or her to decide whether to approve parole any time before an inmate’s scheduled parole date.”
The Board of Parole Hearings: The Board of Parole Hearings was created in 2005. Prior to 2005, the Board of Prison Terms handled the adult population eligible to receive parole. The Board of Prison Terms was charged with parole hearings and revocation hearings for adults. Based on the recommendations of a task force assembled by then Governor Schwarzenegger the Board of Prison Terms was dissolved to form the Board of Parole Hearings charged with similar responsibilities and governed by the same statutory language. Among its many powers, the Board of Parole Hearings has the authority to determine parole suitability and set a date for parole release when an individual is found suitable for release. Parole Board Discretion and the Use of Base Term Enhancements, (2013) Eric Dunn and Michael Ruiz, p. 16.
Release Upon a Finding of Suitability: The Board of Parole Hearings, in determining suitability, takes into consideration the facts of the original crime along with the steps the inmate has taken toward rehabilitation and his or her current danger to the public. To be found suitable for parole the board has found that he or she is not a current danger. However, the current system keeps them in for longer at great expense and no added safety to the public.
Even after the parole board finds an individual suitable for release they may still require an individual to spend months or even years in prison before being released. These lengthened sentences result from the term calculation process the parole board engages in to determine how many years an individual should spend in prison to satisfy the non-rehabilitative purposes of incarceration. These term calculations can extend or alter an individual’s sentence, creating a system of back-end sentencing in which a judge’s sentence may bear little resemblance to the actual time an individual serves under correctional control. Parole Board Discretion and the Use of Base Term Enhancements, supra, p. 3.
The regulations’ system of base term calculation is complex, inconsistent, and not at all apparent from the sentences issued by trial judges. Parole Board Discretion and the Use of Base Term Enhancements, supra, p. 27.
This bill provides that if an inmate is found suitable he or
she shall be released, after the Governor’s statutory right of
review. The author believes that this is a truth in sentencing
provision. If a person serves his or her time as imposed by the
sentencing court and is found suitable, he or she is released. This
will also give the inmate a realistic time frame to work toward
rehabilitating himself or herself. The author believes that to be
found suitable by the board and then kept longer because of factors
in your original crime, that were already considered by the board,
does not encourage rehabilitative behavior by inmates.
Change in Time for the Governor to Request a Review of the Parole Decision: Under existing law the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill once found suitable, a person will be released after the 120 days the Governor has to review parole decisions. Because of this shorter time frame to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. This bill would allow the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.
Argument in Support: According to California Public Defenders Association, “SB 230 would amend the Penal Code sections governing parole to require that the Board of Parole Hearings meet with every inmate during the sixth year before the inmate’s minimum parole eligibility date. The purpose of the meeting is to review and document the inmate’s activities and behavior bearing on their potential parole. SB 230 would authorize the Governor to request a review of the Board of Parole Hearings decision to grant or deny parole at any time instead of the 90 day review period in existing law.
”The effect of SB 230 is restoration of truth in sentencing. SB 230 would provide that when an individual is found suitable for parole by the Board of Parole Hearings (BPH), that they would actually be granted parole pending review by the Governor. Under the current convoluted system of calculating parole time, an inmate can remain in prison, sometimes upwards of years, after BPH finds them suitable for parole. Under current law, BPH considers and adds additional years to an inmate’s incarceration based on previous criminal charges that the inmate was never convicted of or enhancements that the sentencing court already took into account. This opaque parole system results in inmates who have been found suitable for parole serving additional time (often years) before they are actually paroled.
”SB 230 simplifies our parole system in a basic and commonsense way. It saves money and ensures public safety, by ensuring that suitable inmates are released."
Prior Legislation:
SB 1363 (Hancock), of the 2013-2014 Legislative Session, would have changed to process to set a parole date for inmates sentenced to indeterminate life terms. SB 1363 failed Senate Floor.
SB 260 (Hancock), Chapter 312, Statutes of 2014, established a parole process for persons sentenced to lengthy prison terms for crimes committed before attaining 18 years of age.
SB 9 (Yee), Chapter 828, Statutes of 2012, authorizes a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life with out parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
California Public Defenders Association
Californians for Safety and Justice
Opposition
None
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744
SB 230
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 230
Amended: 3/24/15
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/28/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill provides that once a person is found suitable for parole he or she will be released.
Existing law:
Provides that in the case of any inmate sentenced to an indeterminate sentence, the Board of Parole Hearings (Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit. (Penal Code § 3041(a))
Provides that one year prior to the inmate’s minimum eligible parole release date, a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date. (Penal Code § 3041(a))
Provides that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. (Penal Code § 3041 (a))
Provides that one year prior to the inmate’s minimum eligible parole release date, a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Section 3041.5. (Penal Code § 3041(a))
Provides that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that hearing the Board may review the panel’s decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the Board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the Board, sitting en banc, following a public meeting. (Penal Code § 3041(b))
Provides that, through regulations, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole.
Provides that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison. (Penal Code § 3041.1)
This bill:
Provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Provides that any time before an inmate’s release, the Governor can make a request a review of the decision.
Makes technical and conforming changes.
Background
Release upon a finding of suitability. Under existing law, a person can be found suitable for parole by the Board and still not be released because of the various enhancements that can be added to the person’s term. The first parole hearing is not until the date that seems like the person’s sentence (ie. 15 years is 15 to life minus any eligible credits etc.), yet because of the added time a person could be found suitable for parole and held in prison two, five, or even 10 or more years beyond that date. This is the case even though the Board, in determining suitability, takes into consideration the facts of the original crime, including those that add time, along with the steps the inmate has taken toward rehabilitation and his or her current danger to the public. To be found suitable for parole the Board has found that he or she is not a current danger; however, the current system keeps them in for longer at great expense and no added safety to the public.
This
bill provides that if an inmate is found suitable he or she shall be
released, after the Governor’s statutory right of review. The
author believes that this is a truth in sentencing provision. If a
person serves his or her time as imposed by the sentencing court and
is found suitable, he or she is released. This will also give the
inmate a realistic timeframe to work toward rehabilitating himself or
herself. The author believes that to be found suitable by the Board
and then kept longer because of factors in your original crime, that
were already considered by the board Board, does
not encourage rehabilitative behavior by inmates.
Change in time for the Governor to request a review of the parole decision. Under existing law, the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill once found suitable, a person will be released after the 120 days the Governor has to review parole decisions. Because of this shorter timeframe to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. Thus, this bill allows the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California Public Defenders Association
OPPOSITION: (Verified 5/11/15)
None received
ARGUMENTS IN SUPPORT:
The California Public Defenders Association states:
The effect of SB 230 is restoration of truth in sentencing. SB 230 would provide that when an individual is found suitable for parole by the Board of Parole Hearings (BPH), that they would actually be granted parole pending review by the Governor. Under the current convoluted system of calculating parole time, an inmate can remain in prison, sometimes upwards of years, after BPH finds them suitable for parole. Under current law, BPH considers and adds additional years to an inmate’s incarceration based on previous criminal charges that the inmate was never convicted of or enhancements that the sentencing court already took into account. This opaque parole system results in inmates who have been found suitable for parole serving additional time (often years) before they are actually paroled.
SB 230 simplifies our parole system in a basic and commonsense way. It saves money and ensures public safety, by ensuring that suitable inmates are released.
Prepared by: Mary Kennedy / PUB. S. /
5/13/15 16:55:58
**** END ****
SB 230 (Hancock ) Page 5 of 5
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 230 Hearing Date: April 28, 2015
Author: |
Hancock |
||
Version: |
March 24, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Sentencing: Parole
HISTORY
Source: Author
Prior Legislation: SB 1363 (Hancock) failed Senate Floor 2014
Support: California Public Defenders Association
Opposition: None known
PURPOSE
The purpose of this bill it to provide that once a person is found suitable for parole he or she will be released.
Existing law provides that in the case of any inmate sentenced to an indeterminate sentence the Board of Parole Hearings (the Board) shall meet with each inmate during the sixth year prior to the inmate’s eligible parole release date for the purposes of reviewing and documenting the inmates activities and conduct pertinent to both parole eligibility and to the granting and withholding of postconviction credit. (Penal Code § 3041(a))
Existing law provides that one year prior to the inmate’s minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall meet with the inmate and shall normally set a parole release date. (Penal Code § 3041(a))
Existing law provides that the release date shall be set in a manner that will provide uniform terms for offenses of similar gravity and magnitude with respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to setting of the parole release dates. The Board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of victims of crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. (Penal Code § 3041 (a))
Existing law provides that one year prior to the inmate’s minimum eligible parole release date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate, and except as provided, normally set a parole release date as provided in Section 3041.5. (Penal Code § 3041(a))
Existing law provides that any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that hearing the board may review the panel’s decision. The decision shall become final unless there was an error of law or an error of fact or new information that should be presented to the board. No decision of the parole panel shall be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting. (Penal Code § 3041(b))
Existing regulations provide that, based on facts from the underlying crime, an inmate can be held for a longer period of time once they are found suitable for parole.
This bill provides that an inmate found suitable for parole shall be paroled subject to review by the Governor.
Existing law provides that up to 90 days prior to a scheduled release date, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in state prison. (Penal Code § 3041.1)
This bill provides instead that any time before an inmate’s release the Governor can make such a request.
This bill makes technical and conforming changes.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight 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 February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 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).
While significant gains have been made in reducing the prison population, the state now 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
Need for This Bill
According to the author:
Under existing law, the Board of Parole Hearings (BPH) holds hearings to determine if an inmate serving a life sentence is suitable for parole. However, because of the confusing, convoluted way parole dates are calculated, an inmate can remain in prison several years after BPH deems him or her suitable.
Under Penal Code §3041 and pursuant to the settlement in In re Butler (2013), BPH holds an initial suitability hearing for an inmate one year before his or her minimum eligibility parole date. If the inmate is found suitable for parole, BPH then calculates the inmate’s “base term.”
The base term is the first step in determining the amount of time before an inmate is paroled. It is determined using a bi-axial matrix that calculates how much time in prison an inmate deserves based on the circumstances of the crime he or she committed. In addition to the time dictated by the base term, BPH can add enhancements for the use of a firearm, or offenses other than the original life sentence. The result is the “adjusted base term.”
Many of the enhancements added can be problematic. For instance, some are used against an inmate twice; once by the trial judge at sentencing, and again (possibly years later) by BPH when calculating the adjusted base term. This goes against a determinate sentencing system in which enhancements are intended to be used at the front end, at the sentencing stage.
Some enhancements may also be based on assertions that are unsupported by a jury’s finding-of-fact. For instance, a jury could omit finding that the inmate used a firearm. At a parole suitability hearing years later, BPH could assert that in spite of a jury finding to the contrary, it believes the inmate used a firearm and add an additional enhancement to the base term.
In addition, an enhancement can be added for an additional criminal charge that did not result in a conviction. The only requirement is that BPH believes the facts surrounding the crime are “reliably documented.” Again, this would be contrary to the findings-of-fact by a jury at trial, or a decision by a district attorney to drop the criminal charge.
At a subsequent parole hearing, BPH further adjusts the adjusted base term, which was calculated using these enhancements. It does so by giving an inmate post-conviction credits for the amount of time he or she has already served in prison. The adjusted base term minus post-conviction credits determines the calculated release date. If that date is in the future, the inmate must serve more time before being paroled.
This perverse result in which an inmate is found suitable for parole but must serve additional time (often years) before actually being paroled is the result of the confusing, convoluted system used to calculate release dates.
2. Release Upon a Finding of Suitability
Under existing law a person can be found suitable for parole by the board and still not be released because of the various enhancements that can be added to the person’s term. The first parole hearing is not until the date that seems like the person’s sentence (ie. 15 years is 15 to life minus any eligible credits etc.), yet because of the added time a person could be found suitable for parole and held in prison 2, 5, or even 10 or more years beyond that date. This is the case even though the Board of Parole Hearings, in determining suitability, takes into consideration the facts of the original crime along with the steps the inmate has taken toward rehabilitation and his or her current danger to the public. To be found suitable for parole the board has found that he or she is not a current danger; however, the current system keeps them in for longer at great expense and no added safety to the public.
This bill provides that if an inmate is found suitable he or she shall be released, after the Governor’s statutory right of review. The author believes that this is a truth in sentencing provision. If a person serves his or her time as imposed by the sentencing court and is found suitable, he or she is released. This will also give the inmate a realistic time frame to work toward rehabilitating himself or herself. The author believes that to be found suitable by the board and then kept longer because of factors in your original crime, that were already considered by the board, does not encourage rehabilitative behavior by inmates.
3. Change in Time for the Governor to Request a Review of the Parole Decision
Under existing law the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill once found suitable, a person will be released after the 120 days the Governor has to review parole decisions. Because of this shorter time frame to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. Thus this bill would allow the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.
4. Support
In support the California Public Defenders Association states:
The effect of SB 230 is restoration of truth in sentencing. SB 230 would provide that when an individual is found suitable for parole by the Board of Parole Hearings (BPH), that they would actually be granted parole pending review by the Governor. Under the current convoluted system of calculating parole time, an inmate can remain in prison, sometimes upwards of years, after BPH finds them suitable for parole. Under current law, BPH considers and adds additional years to an inmate’s incarceration based on previous criminal charges that the inmate was never convicted of or enhancements that the sentencing court already took into account. This opaque parole system results in inmates who have been found suitable for parole serving additional time (often years) before they are actually paroled.
SB 230 simplifies our parole system in a basic and commonsense way. It saves money and ensures public safety, by ensuring that suitable inmates are released.
-- END –
Bill Author
Bill Co-Author(s):