Bill Text: CA AB1416 | 2023-2024 | Regular Session | Amended
Bill Title: Parole hearings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1416 Detail]
Download: California-2023-AB1416-Amended.html
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Amended
IN
Assembly
April 17, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1416
| Introduced by Assembly Member Dixon |
February 17, 2023 |
An act to amend Section 3041.7 of the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 1416, as amended, Dixon.
Parole hearings.
Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law requires the board to provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or their representative, at least 30 days before the date of the hearing, to represent the interests of the people at the hearing.
This bill, in addition to the prosecutor attending the hearing as specified above, would authorize the original prosecuting attorney in the case, regardless of whether or not they are still employed in that capacity, to appear at all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, to express their views concerning the inmate and
the case, including, but not limited to, the suitability of the inmate for parole. The bill would prohibit the original prosecutor from appearing as a representative of the interests of the people. The bill would require the board to notify the original prosecutor at least 30 days before the date of the hearing.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3041.7 of the Penal Code is amended to read:3041.7.
(a) 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 their 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.(b) Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed,
or their representative, who shall not be the Attorney General, except when the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
(c) In addition to the prosecutor attending a hearing pursuant to subdivisions (a) and (b), the original prosecuting attorney in the case, regardless of whether or not they are still employed in that capacity, has the right to appear at all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, to express their views concerning the inmate and the case, including, but not limited to, the suitability of the inmate for parole. The prosecutor who appears pursuant to this subdivision shall not appear at the hearing as a representative of the interests of the people.
The board shall notify the original prosecutor at least 30 days before the date of the hearing.
