BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 487|
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THIRD READING
Bill No: AB 487
Author: Gonzalez (D), et al.
Amended: 6/30/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/23/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/4/15 - See last page for vote
SUBJECT: Parole hearings: notification of district attorneys
SOURCE: San Diego County District Attorney
DIGEST: This bill provides that when an inmate requests
advancement in a parole hearing the Board of Parole Hearings
must provide notice to the victim and to the district attorney
30 days prior to making a decision.
ANALYSIS:
Existing law:
1) Provides guidelines for the Board of Parole Hearings (Board)
to schedule parole hearings for prisoners in California
Department of Correction and Rehabilitation for whom they are
appropriate. (Penal Code, § 3041.5.)
2) Requires that the Board set a date to reconsider whether an
inmate should be released on parole that ensures a meaningful
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consideration of whether the inmate is suitable for release
on parole. (Penal 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. (Penal Code, § 3041.5(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
benefit him or her while he or she is incarcerated. (Penal
Code, § 3041.5 (b)(2).)
5) Specifies that the Board shall schedule the next hearing,
after considering the views and interests of the victim, as
specified. (Penal Code, § 3041.5 (b)(3)(c).)
6) Allows the Board 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. (Penal Code, § 3041.5 (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. (Penal Code, § 3041.5 (d)(1).)
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
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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.
(Penal 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. (Penal Code, §
3041.5 (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. (Penal Code § 3041.5 (b)(5).)
11)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. (Penal Code, § 3041.5
(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. (Penal Code, § 3041.5 (c).)
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This bill:
1) Requires that when an inmate requests that the 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 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.
Background
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 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.
Proposition 9 set forth the time frames for which a future
parole hearing shall be set following the denial of parole. The
law also provides a procedure for a person to ask for a hearing
date to be advanced because of a 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 an inmate.
The law currently requires that a victim be notified when an
inmate requests advancement in his or parole hearing date. This
bill provides that at least 30 days before the Board makes a
decision on a request to advance a parole hearing, the Board
must notify the district attorney and the victim, if the victim
has requested notification. This bill specifies that notice
shall be satisfies by mailing copies of the inmate's to the
office of the district attorney and to the last address provided
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by the victim of the Office of Victim and Survivor Rights and
Services.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified 7/15/15)
San Diego County District Attorney (source)
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 Police Chiefs Association Inc.
California State Sheriffs' Association
County of San Diego
Crime Victims United of California
Los Angeles Deputy Sheriffs Association
Los Angeles Police Protective League
Riverside Sheriffs Association
OPPOSITION: (Verified 7/15/15)
None received
ASSEMBLY FLOOR: 77-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
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NO VOTE RECORDED: Campos, Dahle, Jones
Prepared by:Mary Kennedy / PUB. S. /
7/15/15 15:31:49
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