BILL NUMBER: AB 920	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gipson

                        FEBRUARY 26, 2015

   An act to amend Section 3043 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 920, as introduced, Gipson. Parole: information to victims.
   Existing law, added by Proposition 8, approved by the voters at
the June 8, 1982, statewide primary election and amended by
Proposition 9, approved by the voters at the November 4, 2008,
statewide general election, requires the Board of Parole Hearings,
upon request, to notify the victim, or next of kin of the victim, of
any crime committed by a prisoner, of any hearing to review or
consider the parole suitability or the setting of a parole date for
that prisoner. Existing law also provides the victim, the victim's
next of kin, members of the victim's family, and 2 representatives to
appear, personally or by counsel, at the hearing and to make a
statement, as prescribed. Proposition 8 provides that this statutory
provision shall not be amended by the Legislature except by a statute
passed in each house by rollcall vote, 2/3 of the membership
concurring, or by a statute approved by the voters. Proposition 9
provides that the statutory provisions of that act may not be amended
by the Legislature, except by a statute passed in each house by
rollcall vote, 3/4 of the membership of each house concurring, or by
a statute approved by the voters. However, the Legislature may amend
those provisions by a majority vote of the membership of each house
to expand the scope of those provisions or to further the rights of
victims of crimes.
   This bill would authorize the victim or victim's next of kin to
request to review all information in the prisoner's central file that
is not confidential and to be provided a copy of the board packet
within 30 days prior to the date selected for the hearing. The bill
would authorize the victim or the victim's next of kin to submit
relevant documents related to any subject about which the victim or
his or her next of kin has the right to be heard, including
recommendations regarding the grant of parole, and would require the
submission of information not in the central file or board packet to
the department no later than 10 days prior to the hearing.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3043 of the Penal Code is amended to read:
   3043.  (a) (1) Upon request to the Department of Corrections and
Rehabilitation and verification of the identity of the requester,
notice of  any   a  hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be given by telephone, certified
mail, regular mail, or electronic mail, using the method of
communication selected by the requesting party, if that method is
available, by the Board of Parole Hearings at least 90 days before
the hearing to  any   a  victim of 
any   a  crime committed by the prisoner, or to
the next of kin of the victim if the victim has died, to include the
commitment crimes, determinate term commitment crimes for which the
prisoner has been paroled, and any other felony crimes or crimes
against the person for which the prisoner has been convicted. The
requesting party shall keep the board apprised of his or her current
contact information in order to receive the notice.
   (2) No later than 30 days prior to the date selected for the
hearing,  any   a  person, other than the
victim, entitled to attend the hearing shall inform the board of his
or her intention to attend the hearing and the name and identifying
information of any other person entitled to attend the hearing who
will accompany him or her.
   (3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
   (b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2)
 of this subdivision  have the right to appear,
personally or by counsel, at the hearing and to adequately and
reasonably express his, her, or their views concerning the prisoner
and the case, including, but not limited to the commitment crimes,
determinate term commitment crimes for which the prisoner has been
paroled, any other felony crimes or crimes against the person for
which the prisoner has been convicted, the effect of the enumerated
crimes on the victim and the family of the victim, the person
responsible for these enumerated crimes, and the suitability of the
prisoner for parole.
   (2)  Any   A  statement provided by a
representative designated by the victim or next of kin may cover any
subject about which the victim or next of kin has the right to be
heard including any recommendation regarding the granting of parole.
The representatives shall be designated by the victim or, in the
event that the victim is deceased or incapacitated, by the next of
kin. They shall be designated in writing for the particular hearing
prior to the hearing. 
   (c) The victim or victim's next of kin may request to review all
information in the prisoner's central file that is not confidential
and to be provided a copy of the board packet within 30 days prior to
the date selected for the hearing. The victim or the victim's next
of kin may submit relevant documents related to any subject about
which the victim or his or her next of kin has the right to be heard,
including recommendations regarding the grant of parole. In addition
to the statement authorized by Section 3043.2, information that the
victim or his or her next of kin possesses that is not available in
the central file or board packet shall be submitted in writing to the
department no later than 10 days before the hearing.  
   (c) 
    (d)  A representative designated by the victim or the
victim's next of kin for purposes of this section may be any adult
person selected by the victim or the family of the victim. The board
shall permit a representative designated by the victim or the victim'
s next of kin to attend a particular hearing, to provide testimony at
a hearing, and to submit a statement to be included in the hearing
as provided in Section 3043.2, even though the victim, next of kin,
or a member of the victim's immediate family is present at the
hearing, and even though the victim, next of kin, or a member of the
victim's immediate family has submitted a statement as described in
Section 3043.2. 
   (d) 
    (e)  The board, in deciding whether to release the
person on parole, shall consider the entire and uninterrupted
statements of the victim or victims, next of kin, immediate family
members of the victim, and the designated representatives of the
victim or next of kin, if applicable, made pursuant to this section
and shall include in its report a statement  as to  whether
the person would pose a threat to public safety if released on
parole. 
   (e) 
    (f)  In those cases where there are more than two
immediate family members of the victim who wish to attend 
any   a  hearing covered in this section, the board
shall allow attendance of additional immediate family members to
include the following: spouse, children, parents, siblings,
grandchildren, and grandparents.