Bill Text: CA AB898 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 898 (Prior Session Legislation)

Bill Title: Parole suitability: notice.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2016-08-22 - Chaptered by Secretary of State - Chapter 161, Statutes of 2016. [AB898 Detail]

Download: California-2015-AB898-Chaptered.html

BILL NUMBER: AB 898	CHAPTERED
	BILL TEXT

	CHAPTER  161
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2016
	APPROVED BY GOVERNOR  AUGUST 22, 2016
	PASSED THE SENATE  AUGUST 1, 2016
	PASSED THE ASSEMBLY  AUGUST 4, 2016
	AMENDED IN SENATE  JUNE 21, 2016
	AMENDED IN ASSEMBLY  JANUARY 13, 2016
	AMENDED IN ASSEMBLY  JANUARY 4, 2016

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 26, 2015

   An act to amend Section 3042 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 898, Gonzalez. Parole suitability: notice.
   Existing law requires the Board of Parole Hearings to provide
written notice at least 30 days before it meets to review or consider
the parole suitability of any inmate sentenced to a life sentence to
the judge of the superior court before whom the inmate was tried and
convicted, the attorney who represented the defendant at trial, the
district attorney of the county in which the offense was committed,
and the law enforcement agency that investigated the case. If the
inmate was convicted of the murder of a peace officer, existing law
also requires notice to be provided to the law enforcement agency
that employed the peace officer.
   This bill would, in the case of an inmate who was convicted of the
murder of a firefighter, require the board or the Department of
Corrections and Rehabilitation to provide notice of the parole
suitability hearing to the fire department that employed the
firefighter, if that fire department registers with the board to
receive that notification and provides the appropriate contact
information.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3042 of the Penal Code, as amended by Section 6
of Chapter 470 of the Statutes of 2015, is amended to read:
   3042.  (a) (1) 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 if the inmate was
convicted of the murder of a peace officer, the law enforcement
agency that employed the peace officer at the time of the murder.
   (2) If the inmate was convicted of the murder of a firefighter,
the board or the Department of Corrections and Rehabilitation shall
also send the written notice described in paragraph (1) to the fire
department that employed the firefighter at the time of the murder,
if that fire department registers with the board to receive that
notification and provides the appropriate contact information.
   (b) The Board of Parole Hearings shall record all of 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. An inmate shall not
be released on parole until 60 days from the date of the hearing
have elapsed.
   (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 inmate's
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) This section does not limit 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.