BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 487


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          487 (Gonzalez)


          As Amended  July 15, 2015


          Majority vote


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          |ASSEMBLY:  | 77-0 |(May 4, 2015)  |SENATE: |40-0  |(August 24,      |
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          Original Committee Reference:  PUB. S.


          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.  


          The Senate amendments:


          1)Remove a provision which would have required postponement of  
            any action taken on advancement of a parole hearing until  
            notice was made to the district attorney and victim, as  
            specified.


          2)Add double joining language to avoid chaptering out issues  
            with SB 230 (Hancock) of the current legislative session.









                                                                     AB 487


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          EXISTING LAW:


          1)Provides guidelines for the Board of Parole Hearings to  
            schedule parole hearings for prisoners in California  
            Department of Corrections 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.


          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  








                                                                     AB 487


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            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.


          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.








                                                                     AB 487


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          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.


          AS PASSED BY THE ASSEMBLY: 


          1)Required 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)Required 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)Specified 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.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  According to the author, "AB 487 is a way to ensure  








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          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: 0001306