AB 898, as amended, Gonzalez. Parole suitability: notice.
Existing law requires the Board of Parole Hearings to provide written notice at least 30 days before it meets to review or consider the parole suitability of any inmate sentenced to a life sentence to the judge of the superior court before whom the inmate was tried and convicted, the attorney who represented the defendant at trial, the district attorney of the county in which the offense was committed, and the law enforcement agency that investigated the case. If the inmate was convicted of the murder of a peace officer, existing law also requires notice to be provided to the law enforcement agency that employed the peace officer.
This bill would, in the case of an inmate who was convicted of the murder of a firefighter, require the board to provide notice of the parole suitability hearing to the fire department that employed thebegin delete fire fighter.end deletebegin insert
firefighter, if that fire department registers with the board to receive that notification and provides the appropriate contact information.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3042 of the Penal Code, as amended by
2Section 6 of Chapter 470 of the Statutes of 2015, is amended to
3read:
(a) begin insert(1)end insertbegin insert end insert At least 30 days before the Board of Parole
5Hearings meets to review or consider the parole suitability of any
6inmate sentenced to a life sentence, the board shall send written
7notice thereof to each of the following persons: the judge of the
8superior court before whom the inmate was tried and convicted,
9the attorney who represented the defendant at trial, the district
10attorney of the county in which the offense was committed, the
11law enforcement agency that investigated the case, and if the inmate
12was convicted of the murder of a
peacebegin delete officer or a firefighter,end delete
13begin insert officer, end insertthe law enforcement agencybegin delete or fire departmentend delete that
14employed the peace officerbegin delete or firefighterend delete at the time of the murder.
15(2) If the inmate was convicted of the murder of a firefighter,
16the board shall also send the written notice described in paragraph
17(1) to the fire department that employed the firefighter at the time
18of the murder, if that fire department registers with the board to
19receive that notification and provides the
appropriate contact
20information.
21(b) The Board of Parole Hearings shall record all of those
22hearings and transcribe recordings of those hearings within 30
23days of any hearing. Those transcripts, including the transcripts
24of all prior hearings, shall be filed and maintained in the office of
25the Board of Parole Hearings and shall be made available to the
26public no later than 30 days from the date of the hearing. An inmate
27shall not be released on parole until 60 days from the date of the
28hearing have elapsed.
29(c) At any hearing, the presiding hearing officer shall state his
30or her findings and supporting reasons on the record.
31(d) Any statements, recommendations, or other materials
32considered shall
be incorporated into the transcript of the hearing,
33unless the material is confidential in order to preserve institutional
34security and the security of others who might be endangered by
35disclosure.
36(e) (1) The written notice to the judge of the superior court
37before whom the inmate was tried and convicted shall be sent by
38United States mail.
P3 1(2) The judge receiving this written notice may forward to the
2board any unprivileged information from the trial or sentencing
3proceeding regarding the inmate, witnesses, or victims, or other
4relevant persons, or any other information, that is pertinent to the
5question of whether the board should grant parole or under what
6conditions parole should be granted. The judge may also, in his or
7her discretion, include
information given to him or her by victims,
8witnesses, or other persons that bear on the question of the inmate’s
9suitability for parole.
10(3) The board shall review and consider all information received
11from the judge or any other person and shall consider adjusting
12the conditions of parole to reflect the comments or concerns raised
13by this information, as appropriate.
14(f) This section does not limit the type or content of information
15the judge or any other person may forward to the board for
16consideration under any other law.
17(g) Any person who receives notice under subdivision (a) who
18is authorized to forward information for consideration in a parole
19suitability hearing for a person sentenced to a life sentence under
20
this section, may forward that information either by facsimile or
21electronic mail. The Department of Corrections and Rehabilitation
22shall establish procedures for receiving the information by facsimile
23or electronic mail pursuant to this subdivision.
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