AB 1177: Parole: hearing records.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-03-22
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill requires the Board of Parole Hearings to send people in prison a copy of the written transcript of their parole hearing and, if they request it, an audio recording of the proceedings. The board must keep the audio recording for at least one year. The bill also lets other people described in existing law request these records and prohibits charging any fee for the transcript or audio.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Board of Parole Hearings to conduct hearings for the purpose of determining the suitability of inmates for parole. Existing law requires the board, after a parole suitability hearing, to allow an inmate to request a stenographic record of the proceedings.
This bill would instead require the board to send a copy of the record or, and, upon request of the incarcerated person, an audio recording of the hearing upon completion of the stenographic record. The bill would prohibit the board from charging a fee for a stenographic record or an audio recording.
Existing law requires the Board of Parole Hearings to conduct hearings for the purpose of determining the suitability of inmates for parole. Existing law requires the board, after a parole suitability hearing, to allow an inmate to request a stenographic record of the proceedings.
This bill would instead require the board to send a copy of the record or, upon request of the incarcerated person, an audio recording of the hearing upon completion of the stenographic record. The bill would prohibit the board from charging a fee of more than $100 for an audio recording, and if the term inaudible is found on the stenographic record in place of statements on more than 5 occasions, the board would be required to provide an audio recording at no cost to the incarcerated person. The bill would additionally require a fee waiver to be available for an indigent incarcerated person. for a stenographic record or an audio recording.
Existing law requires the Board of Parole Hearings to conduct hearings for the purpose of determining the suitability of inmates for parole. Existing law requires the board, after a parole suitability hearing, to allow an inmate to request a stenographic record of the proceedings.
This bill would require the board to send a copy of the record or, upon request of the incarcerated person, an audio recording of the hearing upon completion of the stenographic record. The bill would prohibit the board from charging a fee of more than $100 for an audio recording, and if the term inaudible is found on the stenographic record in place of statements on more than 5 occasions, the board would be required to provide an audio recording at no cost to the incarcerated person. The bill would additionally require a fee waiver to be available for an indigent incarcerated person.
(a)At all hearings for the purpose of reviewing an incarcerated persons 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 incarcerated person 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 incarcerated person shall be permitted to be present, to ask and answer questions, and to speak on their own behalf. Neither the incarcerated person nor the attorney for the incarcerated person 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)(A)(i)Upon completion of the stenographic record for a hearing pursuant to Section 3041, the board shall send a copy of the record or, and, upon request of the incarcerated person, an audio recording of all proceedings to the incarcerated person.
(ii)An incarcerated person shall not be charged a fee for a stenographic record or an audio recording.
(B)A person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record or an audio recording of all proceedings.
(C)The board shall retain an audio recording of the proceeding for at least one year after the audio recording is made.
(5)If the hearing is for the purpose of postponing or rescinding parole, the incarcerated person 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 incarcerated person should be released on parole that ensures a meaningful consideration of whether the incarcerated person is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the incarcerated person a written statement setting forth the reason or reasons for granting parole, the conditions they 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 incarcerated person a written statement setting forth the reason or reasons for denying parole, and suggest activities in which they might participate that will benefit them while they are 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 incarcerated person 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 incarcerated person 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 incarcerated person, but does not require a more lengthy period of incarceration for the incarcerated person 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 incarcerated person provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the incarcerated person a written statement setting forth the reason or reasons for that action, and shall schedule the incarcerated persons 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 incarcerated person, 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 incarcerated person 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 incarcerated person.
(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 incarcerated person 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 incarcerated person 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.
(a)At all hearings for the purpose of reviewing an incarcerated persons 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 incarcerated person 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 incarcerated person shall be permitted to be present, to ask and answer questions, and to speak on their own behalf. Neither the incarcerated person nor the attorney for the incarcerated person 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)(A)(i)Upon completion of the stenographic record for a hearing pursuant to Section 3041, the board shall send a copy of the record or, upon request of the incarcerated person, an audio recording of all proceedings to the incarcerated person.
(ii)An incarcerated person shall not be charged a fee for a stenographic record or an audio recording.
(iii)(I)An incarcerated person shall not be charged a fee of more than one hundred dollars ($100) for an audio recording.(II)An audio recording of the hearing shall be provided to the incarcerated person at no cost to the incarcerated person if the stenographic record of the hearing has the term inaudible in place of statements in the record on more than five occasions.(III)A fee waiver shall be available for an indigent incarcerated person.(B)A person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record or an audio recording of all proceedings.
(C)The board shall retain an audio recording of the proceeding for at least one year after the audio recording is made.
(5)If the hearing is for the purpose of postponing or rescinding parole, the incarcerated person 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 incarcerated person should be released on parole that ensures a meaningful consideration of whether the incarcerated person is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the incarcerated person a written statement setting forth the reason or reasons for granting parole, the conditions they 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 incarcerated person a written statement setting forth the reason or reasons for denying parole, and suggest activities in which they might participate that will benefit them while they are 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 incarcerated person 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 incarcerated person 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 incarcerated person, but does not require a more lengthy period of incarceration for the incarcerated person 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 incarcerated person provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the incarcerated person a written statement setting forth the reason or reasons for that action, and shall schedule the incarcerated persons 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 incarcerated person, 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 incarcerated person 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 incarcerated person.
(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 incarcerated person 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 incarcerated person 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.
(a)At all hearings for the purpose of reviewing an inmates incarcerated persons 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 incarcerated person 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 incarcerated person shall be permitted to be present, to ask and answer questions, and to speak on his or her their own behalf. Neither the inmate incarcerated person nor the attorney for the inmate incarcerated person 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.(4)(A)(i)Upon completion of the stenographic record for a hearing pursuant to Section 3041, the board shall send a copy of the record or, upon request of the incarcerated person, an audio recording of all proceedings to the incarcerated person.
(ii)An incarcerated person shall not be charged a fee for a stenographic recording.
(iii)(I)An incarcerated person shall not be charged a fee of more than one hundred dollars ($100) for an audio recording.
(II)An audio recording of the hearing shall be provided to the incarcerated person at no cost to the incarcerated person if the stenographic record of the hearing has the term inaudible in place of statements in the record on more than five occasions.
(III)A fee waiver shall be available for an indigent incarcerated person.
(B)A person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record or an audio recording of all proceedings.
(5)If the hearing is for the purpose of postponing or rescinding parole, the inmate incarcerated person 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 incarcerated person should be released on parole that ensures a meaningful consideration of whether the inmate incarcerated person is suitable for release on parole.
(b)(1)Within 10 days following any decision granting parole, the board shall send the inmate incarcerated person a written statement setting forth the reason or reasons for granting parole, the conditions he or she they 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 incarcerated person a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she they might participate that will benefit him or her them while he or she is they are 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 incarcerated person 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 incarcerated person 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 incarcerated person, but does not require a more lengthy period of incarceration for the inmate incarcerated person 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 incarcerated person provided in paragraph (3).
(5)Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate incarcerated person a written statement setting forth the reason or reasons for that action, and shall schedule the inmates incarcerated persons 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 incarcerated person, 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 incarcerated person 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 incarcerated person.
(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 incarcerated person 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 incarcerated person 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.
|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 28). Re-referred to Com. on APPR. |
| Mar 23, 2023 | Re-referred to Com. on PUB. S. |
| Mar 22, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 21, 2023 | Re-referred to Com. on PUB. S. |
| Mar 20, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 2, 2023 | Referred to Com. on PUB. S. |
| Feb 17, 2023 | From printer. May be heard in committee March 19. |
| Feb 16, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly 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
|
|---|---|---|
| Dee Hill Foundation INC | ** Support | |
| Initiate Justice | ** Support | |
| Jesse's Place Org | ** Support | |
| Jesse's Place Organization | ** Support | |
| Just Advocate, INC. | ** Support | |
| Prison From-theinside-out INC | ** Support |
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1177
Author:(McKinnor) – As Amended Ver:March 22, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Board of Parole Hearings (Board) to send a copy of the stenographic transcript of an incarcerated person’s parole hearing to the incarcerated person once the transcript is created. This bill also requires the Board to provide a copy of the audio recording of the hearing to the incarcerated person upon request, and requires the Board to retain each audio recording for one year after the recording is made.
FISCAL EFFECT:
Costs in the hundreds of thousands of dollars annually (General Fund) to the Department of Corrections and Rehabilitation (CDCR), which oversees the Board, for staffing and equipment to fulfill the requirements of this bill. CDCR reported a cost of approximately $550,000 as a result of this bill, largely for additional staff time to provide and audit transcripts and recordings, and to obtain equipment at each CDCR institution so incarcerated people can listen to audio recordings of parole hearings.
COMMENTS:
- Author’s Statement. According to the author, “AB 1177 would make it easier for incarcerated individuals and interested parties to easily request full audio and transcribed records that are taken during parole hearings.”
- Parole Hearing Records. Current law requires the Board to record each parole hearing it conducts and create a transcript within 30 days of the hearing. Hearing transcripts must be made available to the public within 30 days of the hearing. CDCR also provides each incarcerated person with a copy of the transcript of their parole hearing within 30 days of the hearing. CDCR currently maintains audio recordings of each parole hearing for six months after the hearing, and provides copies of the recordings to members of the public upon request, as long as the recording is not subject to an exemption to disclosure under the Public Records Act. This bill requires CDCR to automatically send an incarcerated person a copy of their hearing transcript once the transcript is created. This bill also requires the Board to provide an audio recording of an incarcerated person’s parole hearing to the person upon request, and to maintain each audio recording for one year after it is created. CDCR anticipates staffing costs for responding to inmate requests for parole hearing audio recordings, and costs to provide equipment so inmates can listen to the recordings, since inmates may not have personal equipment that allows them to play an audio file.
- Related Legislation. SB 81 (Skinner) would prohibit the Board from considering discriminatory factors in denying parole, add procedural requirements upon a denial of parole, and require CDCR to collect and publicly report specified parole hearing data. SB 81 is pending in the Senate Public Safety Committee.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 28, 2023
Counsel: Mureed Rasool
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Requires the Board of Parole Hearings (BPH) to send a transcript of a parole hearing to an incarcerated individual, and if requested, an audio recording as well. Specifically, this bill:
- Provides that upon completion of the required stenographic record, the BPH must send a copy of the transcript to the incarcerated person, and if requested by the incarcerated person, an audio recording as well.
- Prohibits the incarcerated individual from being charged a fee for the transcript or audio recording.
- States that the victim, next of kin, members of the victim’s family, and two designated representatives, are permitted to request and receive an audio recording of all proceedings.
- Requires the BPH to retain an audio recording of the proceeding for at least one year after the proceeding.
EXISTING LAW:
- Provides for a period of post-prison supervision immediately following a period of incarceration in state prison. (Pen. Code, § 3000 et seq.)
- Authorizes BPH to determine whether people who are serving indeterminate sentences are suitable for release on parole once they reach their minimum eligible parole date. (Pen. Code, § 3041, subd. (a).)
- Provides that parole shall be granted unless it is determined that the gravity of the current offense or offenses, or the timing and gravity of current or past convictions, is such that consideration of the public safety requires a more lengthy period of incarceration. (Pen. Code, § 3041, subd. (b).)
- Requires the BPH to record all parole hearings and transcribe those hearings within 30 days of any hearing. (Pen. Code, § 3042, subd. (b).)
- States that all parole hearing transcripts must be filed and maintained by the BPH and be made publicly available no later than 30 days from the date of the hearing. (Pen. Code, § 3042, subd. (b).)
- Mandates that any statements, recommendations, or other materials considered by the BPH be incorporated into the transcript of the hearing unless there is a security concern, as specified. (Pen. Code, § 3042, subd. (d).)
- Provides that the incarcerated person, the victim, next of kin, members of victim’s family, and two representatives designated by the victim or next of kin, are permitted to request and receive a stenographic record of all proceedings. (Pen. Code, § 3041.5, subd. (a)(4).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, ““AB 1177 would make it easier for incarcerated individuals and interested parties to easily request full audio and transcribed records that are taken during parole hearings.”
- Parole Hearings and Transcripts: All parole hearings are required to be recorded and transcribed within 30 days. (Pen. Code, § 3042, subd. (b).) If the incarcerated person, victim or other specified person requests, BPH must provide them with a transcript. (Pen. Code, § 3041.5, subd. (a)(4).) According to a California Department of Corrections and Rehabilitation (CDCR) webpage, for the most part, free electronic transcripts are provided upon request, but printed copies cost 12 cents per page plus the cost of postage. (CDCR) Request for Parole Suitability Hearing Transcript. <https://www.cdcr.ca.gov/bph/psh-transcript/> [as of Mar. 21, 2023].) It is unclear whether an incarcerated individual must pay for printed copies. This bill will entitle the incarcerated person a free transcript and/or audio recording.
There are benefits and limitations to transcriptions from audio recordings, (Hennink and Weber. Quality Issues of Court Reporters and Transcriptionists for Qualitative Research. (Jun. 13, 2015) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4465445/> [as of Mar. 21, 2023].) One limitation is the clarity of the recording, which can result in missing, incomplete, or incorrect transcripts. (Id. at 2.) Also, transcribers may use incorrect punctuation that changes the tone or meaning of a comment; or experience difficulties in identifying individual speakers. (Ibid.) One study found that the most common error for a transcription was the omission of a speaker identified; the second common error was dialogue not transcribed because of inaudible speech on the recording; and the third most common error was the transcription of an incorrect word. (Id. at 6.) Although the study was limited in a number of ways, it may provide some insight of transcription quality issues. (Id. at 11.)
Although the study was limited in some ways, it is likely applicable in this situation. Some letters of support for this bill highlighted a part of the prior version of this bill, which would have required audio recordings be sent to an incarcerated individual if the term “inaudible” was found on the transcript five or more times. As noted above, the second most common transcription error was dialogue not transcribed because of inaudible speech on the recording. Furthermore, as a person present during the hearing, the incarcerated individual would likely be better at filling in the gaps of inaudible speech as well as identifying the speaker.
During a parole suitability hearing, BPH commissioners ask incarcerated individuals about their social history, past and present mental state, past and present attitude toward their crime, and plans for work and housing if they are released. (Legislative Analyst’s Office (LAO) Promoting Equity in the Parole Hearing Process. (Jan. 5, 2023) <https://lao.ca.gov/Publications/Report/4658> at p. 6 [as of Mar. 21, 2023].) If the incarcerated person is found unsuitable for release, the commissioners are required to set the next hearing 3, 5, 7, 10, or 15 years in the future. (Id.at 5.) During that time, it makes sense to ensure the incarcerated person has the most complete record of why they were denied parole, so that they may go about addressing those issues. This bill does that by ensuring the incarcerated individual is automatically given a transcript of the hearing, and, if requested, an audio recording. It is also helpful in the event that the individual wants to appeal from the denial of parole. (Id. at 16.) - Argument in Support: According to the Jesse’s Place Organization, “In California, the number of incarcerated individuals stands at around 97,000, a significant proportion of whom have no option but to rely solely on the parole board to grant them freedom. In 2020 over 7,600 individuals were scheduled to appear before the Board of Parole Commissioners to demonstrate their successful rehabilitation and prove their eligibility for release.
“During the parole hearing, the commissioner of the Parole Board undertakes the significant responsibility of determining the suitability of an individual for release. While these hearings are recorded, incarcerated people, since the establishment of the BPH, have historically only ever been provided with a written transcript.
“AB 1177 is a crucial step in promoting transparency in the parole board process. This legislation aims to establish accountability measures for both incarcerated individuals and board commissioners involved in the parole decision-making process which will enhance the integrity of the system. When an individual appears before the parole board and is deemed ineligible for parole, the hearing record becomes a valuable resource for further study. The record provides incarcerated individuals with an opportunity to delve deeper into the recommendations of the commissioners and focus on the necessary steps to eventually meet the suitability criteria. The passing of AB 1177 will furnish individuals with an accurate representation of their hearing, ultimately increasing their chances of rehabilitation success.
“In addition, AB 1177 proposes to provide legal counsel, family members, and support networks with a clear and comprehensive record of the hearing, enabling them to actively participate in and assist the incarcerated individual in preparing for subsequent Board of Parole Hearings. This measure would enhance transparency and facilitate better communication and coordination among all parties involved.” - Related Legislation: SB 81 (Becker), would declare legislative intent to increase the transparency, predictability, and accountability of parole suitability hearings. SB 81 is pending referral in the Senate Rules Committee.
- Prior Legislation: 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.
REGISTERED SUPPORT / OPPOSITION:
Support
Dee Hill Foundation INC
Initiate Justice
Jesse's Place Org
Jesse's Place Organization
Just Advocate, INC.
Prison From-theinside-out INC
2 Private Individuals
Opposition
None Submitted.
Analysis Prepared by:
Bill Author
Bill Co-Author(s):