Bill Text: CA SB1341 | 2015-2016 | Regular Session | Introduced
Bill Title: Parole
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1341 Detail]
Download: California-2015-SB1341-Introduced.html
BILL NUMBER: SB 1341 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hueso
FEBRUARY 19, 2016
An act to amend Section 3041.5 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 1341, as introduced, Hueso. Parole
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, authorizes the Board of Parole Hearings, after
considering the views and interests of the victim, to advance a
parole hearing that was set after a hearing at which parole was
denied 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 prisoner to
serve the additional period of incarceration required as a result of
the previously set hearing date. Marsy's Law authorizes the
Legislature to amend its provisions by passing a statute with 3/4 of
the membership of each house concurring, unless the amendments expand
the scope of Marsy's Law's provisions, recognize additional rights
of crime victims, or further the rights of crime victims, in which
case the Legislature may amend its provisions by passing a statute
with a majority vote of membership of each house concurring.
This bill would prohibit the board from advancing a parole hearing
to a date less than 2 years after a hearing at which parole was
denied.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 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 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 victim's 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 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 any 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, advance a hearing set pursuant to
paragraph (3) to an earlier date, but not less than two years
after a hearing at which parole w as denied, 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 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 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 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.
