BILL ANALYSIS Ó
AB 487
Page 1
ASSEMBLY THIRD READING
AB
487 (Gonzalez)
As Amended April 16, 2015
Majority vote
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|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 | |
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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