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:  7/15/15 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.

          Senate Floor Amendments of 7/15/15 add double-jointing language  
          to avoid chaptering problems between this bill and SB 230  
          (Hancock).

          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  








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             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  
             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).) 








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                                                                    Page  3


           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.  
             (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.  







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             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).) 

          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. 

          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  







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          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  
          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; Los Angeles Deputy Sheriffs Association
          Crime Victims United of California
          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,  







                                                                     AB 487  
                                                                    Page  6


            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Dahle, Jones

          Prepared by:Mary Kennedy / PUB. S. / 
          8/13/15 13:20:33


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