BILL ANALYSIS Ó
AB 487
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
487 (Gonzalez) - As Amended April 16, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires, when an inmate requests to advance a parole
hearing, a notice be sent within 30 days to the district
attorney of the county in which the offense was committed, in
addition to the victim. Failure to notify the district attorney
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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.
FISCAL EFFECT:
Minor absorbable costs (GF) for the Board of Parole to provide
the required notification to the appropriate District Attorney's
Office.
COMMENTS:
1)Purpose. 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)Background. Proposition 9 (Marsy's Law), passed by the voters
of in 2008, 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 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).
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CDCR 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.
Current law also provides guidelines and time frames for the
Board of Parole Hearings (BPH) to schedule parole hearings for
prisoners in CDCR. BPH, at its discretion, after considering
the views and interests of the victim, may 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. Also, an inmate may request that the board exercise
its discretion to advance a hearing to an earlier date, by
submitting a written request to the board and a copy to the
victim setting forth the change in circumstances or new
information establishing a reasonable likelihood that
consideration of the public safety does not require the
additional period of incarceration of the inmate
3)Argument in Support: Supporters state, "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
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reinstate the original hearing date."
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 simply adds a possible impediment to a
timely hearing through no action of the inmate."
5)Related Legislation: SB 230 (Hancock), pending in Senate
Public Safety, prohibits 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.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081
AB 487
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