BILL NUMBER: AB 487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 23, 2015

   An act to amend Section 3041.5 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 487, as introduced, 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 and
would require nullification of action taken on the hearing
advancement if the district attorney of the county in which the
offense was committed, or his or her designee, and the victim are not
notified.
   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 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 any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her 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 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 any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
   (3) Unless legal counsel is required by some other provision of
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 prisoner 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
of parole dates, the prisoner shall have 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 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 any 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 any 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 any 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 any 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
count   y 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 in paragraph (3).
   (5) Within 10 days of any 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 any 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  paragraph (3) of  subdivision  (a)
  (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 
district attorney of the county in which the offense was committed,
or his or her representative, and 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.  The notice shall be forwarded to the district attorney
and the victim   within 30 days of receipt of the inmate's
request. 
   (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 the
provisions of 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. 
   (4) Failure to notify the district attorney of the county in which
the offense was committed, or his or her representative, or the
victim of a hearing advancement described in paragraph (4) of
subdivision (b) or paragraph (1) of this subdivision shall post pone
any action being taken on the hearing advancement until the notice is
properly made.