as amended, Gipson.
begin deleteParole: information to victims. end delete
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.end delete
This bill, when notification has been requested by the victim or the victim’s next of kin, would authorize 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.end delete
begin deleteyes end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3043 of the Penal Code is amended to
(a) (1) Upon request to the Department of Corrections
7and Rehabilitation and verification of the identity of the requester,
8notice of a hearing to review or consider the parole suitability or
9the setting of a parole date for any prisoner in a state prison shall
10be given by telephone, certified mail, regular mail, or electronic
11mail, using the method of communication selected by the
12requesting party, if that method is available, by the Board of Parole
13Hearings at least 90 days before the hearing to a victim of a crime
14committed by the prisoner, or to the next of kin of the victim if
15the victim has died, to include the commitment crimes, determinate
16term commitment crimes for which the prisoner has been paroled,
17and any other felony crimes or crimes against the person for which
18the prisoner has been convicted. The requesting party shall keep
19the board apprised of his or her current contact information in
20order to receive the notice.
21(2) No later than 30 days prior to the date selected for the
22hearing, a person, other than the victim, entitled to attend the
23hearing shall inform the board of his or her intention to attend the
24hearing and the name and identifying information of any other
25person entitled to attend the hearing who will accompany him or
27(3) No later than 14 days prior to the date selected for the
28hearing, the board shall notify every person entitled to attend the
29hearing confirming the date, time, and place of the hearing.
30(b) (1) The victim, next of kin, members of the victim’s family,
31and two representatives designated as provided in paragraph (2)
32have the right to appear, personally or by counsel, at the hearing
33and to adequately and reasonably express his, her, or their views
34concerning the prisoner and the case, including, but not limited
35to, the commitment crimes, determinate term commitment crimes
36for which the prisoner has been paroled, any other felony crimes
37or crimes against the person for which the prisoner has been
38convicted, the effect of the enumerated crimes on the victim and
39the family of the victim, the person responsible for these
40enumerated crimes, and the suitability of the prisoner for parole.
P5 1(2) A statement provided by a representative designated by the
2victim or next of kin may cover any subject about which the victim
3or next of kin has the right to be heard including any
4recommendation regarding the granting of parole. The
5representatives shall be designated by the victim or, in the event
6that the victim is deceased or incapacitated, by the next of kin.
7They shall be designated in writing for the particular hearing prior
8to the hearing.
9(c) When notification has been requested pursuant to subdivision
10(a), the victim’s attorney may request to be provided a copy of the
11board packet. The requested board packet shall be provided at the
12same time as that information is provided to the district attorney.
13(d) A representative designated by the victim or the victim’s
14next of kin for purposes of this section may be any adult person
15selected by the victim or the family of the victim. The board shall
16permit a representative designated by the victim or the victim’s
17next of kin to attend a particular hearing, to provide testimony at
18a hearing, and to submit a statement, which may include
19substantiating references to the board packet, to be included in the
20hearing as provided in Section 3043.2, even though the victim,
21next of kin, or a member of the victim’s immediate family is
22present at the hearing, and even though the victim, next of kin, or
23a member of the victim’s immediate family has submitted a
24statement as described in Section 3043.2.
25(e) The board, in deciding whether to release the person on
26parole, shall consider the entire and uninterrupted statements of
27the victim or victims, next of kin, immediate family members of
28the victim, and the designated representatives of the victim or next
29of kin, if applicable, made pursuant to this section and shall include
30in its report a statement as to whether the person would pose a
31threat to public safety if released on parole.
32(f) In those cases where there are more than two immediate
33family members of the victim who wish to attend a hearing covered
34in this section, the board shall allow attendance of additional
35immediate family members to include the following: spouse,
36children, parents, siblings, grandchildren, and grandparents.