BILL NUMBER: SB 1363	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Hancock

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1363, as amended, Hancock.  Sentencing.  
Sentencing: parole.  
   Existing law requires the Board of Parole Hearings to meet with
each inmate during the 6th year prior to the inmate's minimum
eligible parole release date for the purposes of reviewing and
documenting the inmate's activities and conduct pertinent to both
parole eligibility and to the granting or withholding of
postconviction credit. During this consultation, the board is
required to provide the inmate with information about the parole
hearing process, legal factors relevant to his or her suitability or
unsuitability for parole, and individualized recommendations for the
inmate regarding his or her work assignments, rehabilitative
programs, and institutional behavior. Existing law requires the board
to issue its positive and negative findings and recommendations to
the inmate in writing, within 30 days following the consultation.
 
   This bill would require the board to establish criteria for the
setting of the base term of incarceration. The criteria shall
include, but not be limited to, consideration of the number of
victims of the crime for which the inmate was sentenced and other
factors in mitigation or aggravation of the crime. The bill would
require the board to establish criteria for determining whether an
inmate is suitable for parole, and would require the board to
establish criteria for an inmate's adjusted base term of
incarceration, as adjusted by applicable enhancements or credits. The
bill would require an inmate who is found suitable for parole to be
paroled regardless of whether the base term of incarceration, as
adjusted, has expired, subject to certain minimum term provisions and
specified review provisions.  
   Existing law requires that one year prior to the inmate's minimum
eligible parole release date a panel of 2 or more commissioners or
deputy commissioners acting for the board meet with the inmate and,
subject to exception, set a parole release date per specified
procedures.  
   The bill would require the panel meeting with the inmate to
establish the inmate's base term of incarceration by applying the
applicable factors set out in the board's regulations and guidelines.
The bill would require the board to adopt prior determinations and
findings of the sentencing court in establishing the base term of
incarceration. The bill would require that the base term of
incarceration be set in a manner that will, to the greatest extent
possible, provide proportionate and uniform terms for offenses of
similar gravity and magnitude with respect to their threat to the
public, that will comply with the sentencing rules that the Judicial
Council may issue, and with any sentencing information relevant to
the setting of the base term of incarceration. The bill would require
the board to also establish the inmate's adjusted base term of
incarceration by applying any adjustments to the base term of
incarceration based on the inmate's incarceration history. The bill
provides that at the meeting one year prior to the inmate's minimum
eligible parole release date the board will normally set a release
date at the inmate's initial parole hearing, but is not required to
set a parole date in every case.  
   Existing law requires the board to separately state reasons for
its decision to grant or deny parole.  
   The bill would require the board's stated reasons to demonstrate,
on the record, an individualized consideration of all relevant
factors. The bill would require that in the case of an inmate who has
served beyond his or her base term of incarceration, as adjusted, a
decision by the board to deny parole be supported by substantial
evidence and with respect to the entire record.  
   The bill would require the board to collect and maintain
statistics that show, annually, the number of inmates in state prison
who are serving a term in excess of their base term of
incarceration, as adjusted by applicable enhancements or credits, and
the percentage of all cases decided each year in which the board, in
a final decision, by a panel or the board sitting en banc, has
declined to find an inmate suitable for parole, despite the fact that
the inmate has served a sentence beyond the base term of
incarceration, as adjusted by applicable enhancements or credits. The
bill would require the board to report the data to the Legislature
on or before January 1, 2016, and annually thereafter.  

   Existing law generally provides that felons are incarcerated in
county jails, and are subject to county supervision upon release,
excepting however, felons convicted of violent or serious felonies,
or of felonies requiring registration as a sex offender, who are
incarcerated in state prison and are generally subject to supervision
by the Department of Corrections and Rehabilitation upon release.
 
   This bill would express the intent of the Legislature to enact
legislation relating to sentencing and parole. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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)  The Board of Parole Hearings shall establish
criteria for the setting of the base term of incarceration. The
criteria shall include, but not be limited to, consideration of the
number of victims of the crime for which the inmate was sentenced and
other factors in mitigation or aggravation of the crime.  
   (b) The board shall establish criteria for determining whether an
inmate is suitable for parole. The board shall establish criteria for
an inmate's base term of incarceration, as adjusted by applicable
enhancements or credits, that shall be relevant but not dispositive
of whether an inmate is suitable for parole.  
   (c) The board has the discretion to determine the suitability for
parole of any inmate who is eligible for parole, giving paramount
consideration to public safety. An inmate who is found suitable for
parole shall be paroled regardless of whether the base term of
incarceration, as adjusted, has expired, subject to the minimum term
provisions in Section 3046, as applicable, and to the review
provisions in subdivision (c), and Sections 3041.1 and 3041.2, and
subdivision (b) of Section 8 of Article V of the California
Constitution. This section does not affect the Governor's independent
authority to review, under Sections 3041.1 and 3041.2 and under
subdivision (b) of Section 8 of Article V of the California
Constitution, a parole decision by the board. 
    (d)    In the case of any inmate sentenced
pursuant to any 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 sixth year prior to the inmate's minimum
eligible parole release date for the purposes of reviewing and
documenting the inmate's activities and conduct pertinent to both
parole eligibility and to the granting or withholding of
postconviction credit. During this consultation, the board shall
provide the inmate information about the parole hearing process,
legal factors relevant to his or her suitability or unsuitability for
parole, and individualized recommendations for the inmate regarding
his or her work assignments, rehabilitative programs, and
institutional behavior. Within 30 days following the consultation,
the board shall issue its positive and negative findings and
recommendations to the inmate in writing.  One 
    (e)     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.   in every case establish
the inmate's base term of incarceration by applying the applicable
factors set out in the board's regulations and guidelines. The board
shall adopt prior determinations and findings of the sentencing court
in establishing the base term of incarceration. The base term of
incarceration shall be set in a manner that will, to the greatest
extent possible, provide proportionate and 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 with any sentencing information
relevant to the setting of the base term of incarceration. The board
shall also establish the inmate's adjusted base term of incarceration
by applying any adjustments to the base term of incarceration based
on the inmate   's incarceration history. The board shall
  normally set a release date at the inmate's initial parole
hearing, as provided in Section 3014.5, but is not required to set a
parole date in every case.   No 
    (f)    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
  (l). 
    (g)     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) 
    (h)  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  beyond the base term  for this individual,
 as adjusted,  and that a parole date, therefore, cannot be
fixed at this meeting.  After 
    (i)     After   the effective
date of this subdivision   July 31, 2001  , 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 
 A  decision of the parole panel shall  not  be
disapproved and referred for rehearing  by the board  except
by a majority vote of the  board  
commissioners  , sitting en banc, following a public meeting.

   (c) 
    (j)  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) 
    (k)  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) 
    (l)  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.  The board's stated reasons shall
demonstrate, on the record, an individualized consideration of all
relevant factors.   In the case of an inmate who has served
beyond his or her base term of incarceration, as adjusted, a decision
by the board to   deny parole shall be supported by
substantial evidence and with respect to the entire record. 
   (4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review. 
   (m) (1) The board shall collect and maintain statistics that show,
annually, the number of inmates in state prison who are serving a
term in excess of their base term of incarceration, as adjusted by
applicable enhancements or credits, and the percentage of all cases
decided each year in which the board, in a final decision, by a panel
or the board sitting en banc, has declined to find an inmate
suitable for parole, despite the fact that the inmate has served a
sentence beyond the base term of incarceration, as adjusted by
applicable enhancements or credits.  
   (2) The board shall submit a report to the Legislature detailing
the information collected pursuant to paragraph (1) and shall submit
the report on or before January 1, 2016, and annually thereafter,
notwithstanding Section 10231.5 of the Government Code.  
   (3) The report required by this subdivision shall be submitted
pursuant to Section 9795 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation relating to sentencing and parole.