BILL ANALYSIS Ó AB 898 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 898 (Gonzalez) As Amended June 21, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(January 27, |SENATE: | 39-0 |(August 1, 2016) | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 898 Page 2 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. AB 898 Page 3 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 AB 898 Page 4 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