BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 898


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          898 (Gonzalez)


          As Amended  June 21, 2016


          Majority vote


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          |ASSEMBLY:  |78-0  |(January 27,   |SENATE: | 39-0 |(August 1, 2016) |
          |           |      |2016)          |        |      |                 |
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          Original Committee Reference:  PUB. S.


          SUMMARY:  Provides that when an inmate who was convicted of the  
          murder of a firefighter becomes eligible for a  
          parole-suitability hearing, the Board of Parole Hearings (BPH)  
          or the California Department of Corrections and Rehabilitation  
          (CDCR) must give written notice of the hearing to the department  
          that had employed the deceased firefighter.  


          The Senate amendments provide that the required notice can be  
          sent either by the BPH or CDCR.


          EXISTING LAW:  


          1)Requires the BPH to send written notice to each of the  
            following persons before it meets to consider the parole  
            suitability or setting of a parole date of an inmate serving a  








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            life sentence:
             a)   The superior court judge before whom the prisoner was  
               tried and convicted;
             b)   The attorney who represented the defendant at trial; 


             c)   The district attorney of the county in which the offense  
               was committed; 


             d)   The law enforcement agency that investigated the case;  
               and, 


             e)   If the prisoner was convicted of the murder of a peace  
               officer, the law enforcement agency which had employed that  
               officer at the time of the murder.  


          2)Provides that these entities must be notified at least 30 days  
            before the BPH meets to review or consider the parole  
            suitability or the setting of a parole date.  
          3)Allows the entities who receive notice of the  
            parole-suitability hearing to submit information to the BPH  
            for its consideration.  


          4)Requires the BPH to review and consider all information  
            received from the judge and these other persons, and to  
            consider adjusting the terms or conditions of parole to  
            reflect the comments or concerns raised by this information.  


          5)Requires the BPH to provide the victim 90-days' notice of an  
            upcoming parole-suitability hearing, if he or she requests  
            that notice be given.  


          6)Allows the victim to personally appear at the suitability  
            hearing or to submit a recorded statement expressing his or  
            her views.  









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          7)States that any person interested in the grant or denial of  
            parole may submit a statement supporting or opposing parole  
            and that such statements must be considered by the hearing  
            panel.  


          8)Requires the Director of the California Department of  
            Corrections and Rehabilitation to give written notice to the  
            State Fire Marshal, and all police departments and the sheriff  
            in the county in which the person was convicted before  
            releasing an inmate convicted of arson. 


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


          AS PASSED BY THE ASSEMBLY, this bill:  


          1)Added a murdered firefighter's former fire department employer  
            to the list of persons that the BPH must notify of a  
            parole-suitability hearing.  
          2)Made technical, non-substantive changes.   


          COMMENTS:  According to the author, "AB 898 will ensure that a  
          murdered firefighter's former employer is included in the  
          notification process administered by the Board of Parole  
          Hearings, which is already in place for the former employer of a  
          murdered peace officer.


          "Firefighters are a vital part of our public safety community in  
          California since they constantly risk their lives in order to  
          ensure the safety of others.  They face similar stress and risk  
          just like their law enforcement colleagues face while on-duty,  
          which can result in loss of life.  Moreover, parts of California  
          are often under a state of emergency and thousands of people  
          have been forced to evacuate their homes as fire crews struggle  








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          to contain deadly wildfires, some caused by malicious human  
          intention.


          "Under California law, arson is defined as the 'willful and  
          malicious burning of property' and is often charged as a felony  
          crime as a result of its destructive and deadly nature.   
          According to the California Department of Justice, 37,128 arson  
          crimes were reported from 2010 to 2014 in California.  Arson  
          isn't a victimless crime since it can take the lives of people  
          and our firefighters.


          "It is only appropriate that in these limited instances, a  
          former employing fire department be extended the same  
          notification courtesy as local law enforcement agencies when  
          dealing with the possible parole of a prisoner convicted of  
          murdering a firefighter.  The notification requirement proposed  
          by AB 898 will provide an appropriate opportunity for the fire  
          department to reflect on the actions of the individual and voice  
          their opinion about a prisoner remaining behind bars or being  
          released back into their community."


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003648