BILL ANALYSIS                                                                                                                                                                                                    



                                                                       AB 487


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          ASSEMBLY THIRD READING


          AB  
          487 (Gonzalez)


          As Amended  April 16, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |----------------+------+-----------------------+--------------------|
          |Public Safety   |7-0   |Quirk, Melendez,       |                    |
          |                |      |Gonzalez,              |                    |
          |                |      |Jones-Sawyer, Lackey,  |                    |
          |                |      |Low, Santiago          |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |17-0  |Gomez, Bigelow, Bloom, |                    |
          |                |      |Bonta, Calderon,       |                    |
          |                |      |Chang, Daly, Eggman,   |                    |
          |                |      |Gallagher, Eduardo     |                    |
          |                |      |Garcia, Holden, Jones, |                    |
          |                |      |Quirk, Rendon, Wagner, |                    |
          |                |      |Weber, Wood            |                    |
           -------------------------------------------------------------------- 


          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:








                                                                       AB 487


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          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 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. 


          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. 


          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. 









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          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 benefit him or her while he  
            or she is incarcerated. 


          5)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. 


          6)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.


          7)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. 










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          8)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. 


          9)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. 


          10)Requires that 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 as specified. 


          11)Requires the board to 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. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, minor absorbable costs (General Fund) for the Board of  








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          Parole to provide the required notification to the appropriate  
          District Attorney's Office.
          COMMENTS:  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."


          Analysis Prepared by:                                               
                          David Billingsley / PUB. S. / (916) 319-3744  FN:  
          0000232