BILL ANALYSIS Ó
AB 487
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Date of Hearing: April 7, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
487 (Gonzalez) - As Introduced February 23, 2015
As Proposed to be Amended in Committee
SUMMARY: Requires that when an inmate requests to advance a
parole hearing, notice be sent to the district attorney of the
county in which the offense was committed, in addition to the
victim. Failure to notify the district attorney or victim of a
request to advance the hearing shall postpone any action being
taken on the hearing advancement until the notice is properly
made. Specifically, this bill:
1)Requires that when an inmate requests that the parole board
advance a parole hearing to an earlier date, by submitting a
written request to the board, notice be sent to the district
attorney of the county in which the offense was committed and
to the victim, if the victim requested notification.
2)Requires notice of the inmate's request to advance the parole
hearing to be forwarded by the parole board to the district
attorney and the victim, if the victim requested notification,
no less than 30 days before the board may grant the inmate's
request.
3)Specifies that a failure to notify the district attorney or
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the victim, if the victim requested notification, of a request
to advance the hearing shall postpone any action being taken
on the hearing advancement until the notice is properly made.
EXISTING LAW:
1)Provides guidelines for the Board of Parole Hearings to
schedule parole hearings for prisoners in California
Department of Correction and Rehabilitation for whom they are
appropriate. (Pen. Code, § 3041.5.)
2)Requires the board 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. (Pen. Code, § 3041.5.)
3)Requires that 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. (Pen. Code, § 3041.5, subd. (b)(1).)
4)Requires that 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
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benefit him or her while he or she is incarcerated. (Pen.
Code, § 3041.5, subd. (b)(2).)
5)Specifies that 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.
(Pen. Code, § 3041.5, subd. (b)(3)(A).)
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. (Pen. Code, §
3041.5, subd. (b)(3)(B).)
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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. (Pen. Code, §
3041.5, subd. (b)(3)(c).)
6)Allows the Board of Parole Hearings discretion, after
considering the views and interests of the victim, advance a
parole hearing 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. (Pen. Code, § 3041.5, sub. (b)(4).)
7)Allows an inmate to 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. (Pen. Code,
§ 3041.5, sub. (d)(1).)
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8)Mandates that 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 to advance the
hearing, 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. (Pen. Code, §
3041.5, sub. (d)(2).)
9)Specifies an inmate may make only one written request to
advance a hearing during each three-year period. Following
either a summary denial of a request to advance a hearing, or
the decision of the board after a hearing to not set a parole
date, the inmate shall not be entitled to submit another
request for a hearing pursuant to subdivision to set a parole
date until a three-year period of time has elapsed from the
summary denial or decision of the board. (Pen. Code, § 3041.5,
sub. (d)(3).)
10)Specifies that 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.
(Pen. Code, § 3041.5, sub. (b)(5).)
11)Requires that within 10 days of any board action resulting in
the rescinding of a previously set parole date, the board
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shall send the prisoner a written statement setting forth the
reason or reasons for that action, and shall schedule the
prisoner's next hearing as specified. (Pen. Code, § 3041.5,
sub. (b)(6).)
12)Requires the board conduct a parole hearing 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 Penal Code
Section 3041. (Pen. Code, § 3041.5, sub. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 487 is a way
to ensure that all victims are notified when an inmate files a
petition to advance their parole date. By requiring that the
Board of Parole Hearings also notify the District Attorney of
the County in which the offense was committed, there will be
no doubt that a representative advocating for the victim's
interests will be available for comment in those situations
that merit such involvement.
2)Marsy's Law (Proposition 9, 2008): Proposition 9 was passed
by the voters of in 2008. Proposition 9 included a victims'
bill of rights. Among the protections in the victims' bill of
rights, was the right for victims to be noticed of criminal
proceedings in which they were a victim. Proposition 9 also
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provided victims with the right to be heard at criminal
proceedings. Victims can express their views personally, or
through a representative. Criminal proceedings where victims
have a right to notice and expression of views include parole
hearings for inmates serving indeterminate life terms in the
California Department of Corrections and Rehabilitation
(CDCR).
California Department of Corrections and Rehabilitation has an
Office of Victim and Survivor Rights and Services (OVSRS) that
provides assistance to victims surrounding issues involving
inmates in CDCR. OVSRS handles requests by victims for
notification regarding inmates involved in their crime. OVSRS
currently handles requests by victims for notification
regarding parole hearing dates for offenders sentenced to life
imprisonment.
3)Argument in Support: According to Bonnie Dumanis, San Diego
County District Attorney, Notes that California voters passed
the Victims' Bill of Rights Act(Marsy's Law) in 2008, which
amend the state's Constitution and certain Penal Code sections
to protect and expand the legal rights of victims of crime to
including (among 17 others) the right to be noticed and to be
heard, upon request, at any proceeding, including
post-conviction release decisions.
"Unfortunately, existing law only requires that the Board of
Parole Hearings notify the victims or next of kin if an inmate
files a petition to advance the their parole date, and omits
the District Attorney in the notification process. Moreover,
it has come to our attention that some victims are not getting
notified in a timely fashion. Assembly Bill 487 would provide
a safety net to ensure that when an inmate files such a
petition, the district Attorney of jurisdiction will also be
notified. Failure to notify the victim and the district
Attorney of record will make void the requested petition and
reinstate the original hearing date.
"Our office is a significant stakeholder in parole hearings, and
our prosecutors appear at about 45 hearings each year and
advocate the State's position with respect to public safety,
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and sometime serve as the voice of crime victims and their
next of kin. This bill would fix a large omission in the
hearing advancement process, consisting of notice of potential
hearing advancements, and an opportunity to be heard, after we
have expended significant time and resources to convict this
inmate.
". . ., AB 487 would give the District Attorney the opportunity
to immediately notify victim and extent of kin upon learning
of a hearing advancement. Marsy's Law advocated
predictability and promised to eliminate endless and repeated
parole hearings which re-traumatize crime victims and their
families. Currently, victims are being re-traumatized and
have no one to turn to, as the District Attorney is
circumvented in the entire process. Ab 487 does not take away
any power or authority from the Board of Parole Hearings, as
it will still decide the matter of advancement as it see just
and fit. There is no downside to simply providing significant
stakeholders with an opportunity to weigh-in before that
decision is made."
4)Argument in Opposition: According to The California Public
Defenders Association, "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.
"This bill requires prior notification of the committing
county's district attorney. It does not affect the rights of
victims. Under current law, district attorneys are notified
of parole hearings in cases where the inmate was convicted of
an offense carrying a life term (So called "Lifer Hearings").
AB 487 expands this notification requirement to situations
where an inmate is requesting an earlier parole date. A
failure to so notify the District Attorney requires
postponement of the hearing.
"This bill simply adds a possible impediment to a timely
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hearing through no action of the inmate."
5)Related Legislation: SB 230 (Hancock), of this legislative
session, would specify that the purpose of the meeting between
the Board of Parole Hearings and an inmate during the 6th year
before the inmate's minimum eligible parole date is to review
and document the inmate's activities and conduct pertinent to
parole eligibility. The bill would require a panel of 2 or
more commissioners or deputy commissioners to meet with each
inmate one year before the inmate's minimum eligible parole
date in order to grant or deny parole, as specified. The bill
would prohibit an inmate from being released before reaching
his or her minimum eligible parole release date unless the
inmate is eligible for earlier release pursuant to his or her
youth offender parole eligibility date.
Existing law authorizes the Governor to request a review of a
decision by the board to grant or deny parole to an inmate up
to 90 days before the inmate's scheduled release date.
The bill would authorize the Governor to request a review of a
decision by the board to grant or deny parole at any time
before the inmate's scheduled release. The bill would make
conforming changes.
REGISTERED SUPPORT / OPPOSITION:
Support
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California College and University Police Chiefs Association
California Correctional Supervisors Organization
California District Attorneys Association
California Narcotic Officers Association
California State Sheriffs' Association
Chief Probation Officers of California
County of San Diego
Crime Victims United of California
Los Angeles Police Protective League
Riverside Sheriffs Association
San Diego County District Attorney
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Opposition
California Public Defenders Association
Taxpayers for Improving Public Safety
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744