BILL NUMBER: AB 920	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015

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 amended, 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, when notification has been requested by the victim or
the victim's next of kin, would authorize the victim, the victim's
next of kin, or the victim's attorney to request to be provided a
copy of the board packet and would require that information to be
provided at the same time it is provided to the district attorney.
The bill would require the  victim, victim's next of kin, and
the victim's attorney to protect the confidentiality of any
confidential information in the board packet   board to
redact   any confidential information contained in the board
packet before providing it to the victim, the victim's next of kin,
or the victim's attorney  . 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 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 a victim of 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, 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) 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) 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) (1) When notification has been requested pursuant to
subdivision (a), a victim, the victim's next of kin, or the victim's
attorney may request to be provided a copy of the board packet. The
requested board packet shall be provided at the same time as that
information is provided to the district attorney.  To the
extent that any confidential information is included in the board
packet, the victim, victim's next of kin, or the victim's lawyer
shall protect the confidentiality of that information.  
The board shall redact any confidential information contained in the
board packet before providing it to the victim, the victim's next of
kin, or the victim's attorney. 
   (2) 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.
   (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.
   (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.
   (f) In those cases where there are more than two immediate family
members of the victim who wish to attend 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.