BILL NUMBER: SB 796	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 18, 2011

   An act to amend Section 3041 of the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 796, as introduced, Blakeslee. Inmates: parole.
   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 provides that in the event
of a tie vote, the matter shall be referred to the board for an en
banc review limited to the record, as specified, that was before the
panel that rendered the tie vote. Existing law requires the board to
vote, upon the en banc review of the record, to either grant or deny
parole and render a statement of decision. Existing law requires the
board to separately state reasons for its decision to grant or deny
parole and requires that the commissioners involved in the tie vote
be recused from consideration of the matter in the en banc review.
   This bill would make nonsubstantive changes to a provision on the
subject of parole.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3041 of the Penal Code is amended to read:
   3041.  (a) In the case of  any   an 
inmate sentenced pursuant to any provision of law, other than Chapter
4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board
of Parole Hearings shall meet with each inmate during the third year
of incarceration for the purposes of reviewing the inmate's file,
making recommendations, and documenting activities and conduct
pertinent to granting or withholding postconviction credit. One year
prior to the inmate's minimum eligible parole release date  ,
 a panel of two or more commissioners or deputy commissioners
shall again meet with the inmate and shall normally set a parole
release date as provided in Section 3041.5. No more than one member
of the panel shall be a deputy commissioner. In the event of a tie
vote, the matter shall be referred for an en banc review of the
record that was before the panel that rendered the tie vote. Upon en
banc review, the board shall vote to either grant or deny parole and
render a statement of decision. The en banc review shall be conducted
pursuant to subdivision (e). The release date shall be set in a
manner that will provide uniform terms for offenses of similar
gravity and magnitude with respect to their threat to the public, and
that will comply with the sentencing rules that the Judicial Council
may issue and any sentencing information relevant to the setting of
parole release dates. The board shall establish criteria for the
setting of parole release dates and in doing so shall consider the
number of victims of the crime for which the inmate was sentenced and
other factors in mitigation or aggravation of the crime. At least
one commissioner of the panel shall have been present at the last
preceding meeting, unless it is not feasible to do so or where the
last preceding meeting was the initial meeting. Any person on the
hearing panel may request review of any decision regarding parole for
an en banc hearing by the board. In case of a review, a majority
vote in favor of parole by the board members participating in an en
banc review is required to grant parole to any inmate.
   (b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
meeting.
   (c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
   (d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
   (e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:
   (1) The commissioners conducting the review shall consider the
entire record of the hearing that resulted in the tie vote.
   (2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered by
the panel that produced the tie vote, and any other material actually
considered by the panel. New evidence or comments shall not be
considered in the en banc proceeding.
   (3) The board shall separately state reasons for its decision to
grant or deny parole.
   (4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.