Bill Text: CA AB487 | 2015-2016 | Regular Session | Enrolled
Bill Title: Parole hearings: notification of district attorneys.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB487 Detail]
Download: California-2015-AB487-Enrolled.html
BILL NUMBER: AB 487 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN SENATE JULY 15, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Gonzalez
(Coauthor: Senator Anderson)
FEBRUARY 23, 2015
An act to amend Section 3041.5 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 487, Gonzalez. Parole hearings: notification of district
attorneys.
Existing law provides that, one year prior to the minimum eligible
parole release date of an inmate serving an indeterminate sentence,
a panel of 2 or more commissioners or deputy commissioners of the
Board of Parole Hearings shall meet with the inmate and set a parole
release date, as specified. Existing law, as amended by Proposition
9, the Victim's Bill of Rights Act of 2008: Marsy's Law, at the
November 4, 2008, statewide general election, establishes procedures
at all hearings for the purpose of reviewing a prisoner's parole
suitability, or the setting, postponing, or rescinding of parole
dates, and provides prisoners and victims specified rights at these
hearings.
This bill would require notification of the district attorney of
the county in which the offense was committed, or his or her
designee, to receive notification of specified parole proceedings.
This bill would incorporate additional changes to Section 3041.5
of the Penal Code proposed by SB 230 that would become operative if
this bill and SB 230 are both chaptered and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3041.5 of the Penal Code is amended to read:
3041.5. (a) At all hearings for the purpose of reviewing a
prisoner's parole suitability, or the setting, postponing, or
rescinding of parole dates, with the exception of en banc review of
tie votes, the following shall apply:
(1) At least 10 days prior to a hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her 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 prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner 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 prisoner 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
of parole dates, the prisoner 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 meeting where a parole date has
been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following a meeting where a parole date has not
been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
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 setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner 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 setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner 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 setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner 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 victim's 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 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) Within 10 days of a board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's 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 inmate's request.
Notice shall be satisfied by mailing copies of the inmate's 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
not set a parole date, 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. 1.5. Section 3041.5 of the Penal Code is amended to read:
3041.5. (a) At all hearings for the purpose of reviewing an
inmate's 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 victim's 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 victim's 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 victim'
s 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 victim's 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 inmate's 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 inmate's request.
Notice shall be satisfied by mailing copies of the inmate's 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. 2. Section 1.5 of this bill incorporates amendments to
Section 3041.5 of the Penal Code proposed by both this bill and
Senate Bill 230. 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 Senate Bill 230, in which case Section 1 of this bill
shall not become operative.
