Senate BillNo. 230


Introduced by Senator Hancock

February 13, 2015


An act to amend Section 3041 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

SB 230, as introduced, Hancock. Sentencing: parole.

Existing law requires the Board of Parole Hearings to meet with each inmate during the 6th year before the inmate’s minimum eligible parole release date to review and document the inmate’s activities and conduct. Under existing law, the board must issue its findings and recommendations to the inmate in writing, within 30 days following the consultation.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 3041 of the Penal Code is amended to
2read:

3

3041.  

(a) In the case of any inmate sentenced pursuant to any
4law, other than Chapter 4.5 (commencing with Section 1170) of
5Title 7 of Part 2, the Board of Parole Hearings shall meet with
6each inmate during the sixth yearbegin delete prior toend deletebegin insert beforeend insert the inmate’s
7minimum eligible parole release date for the purposes of reviewing
8and documenting the inmate’s activities and conduct pertinent to
9both parole eligibility and to the granting or withholding of
10postconviction credit. During this consultation, the board shall
P2    1provide the inmate information about the parole hearing process,
2legal factors relevant to his or her suitability or unsuitability for
3parole, and individualized recommendations for the inmate
4regarding his or her work assignments, rehabilitative programs,
5and institutional behavior. Within 30 days following the
6consultation, the board shall issue its positive and negative findings
7and recommendations to the inmate in writing. One yearbegin delete prior toend delete
8begin insert beforeend insert the inmate’s minimum eligible parole release date a panel
9of two or more commissioners or deputy commissioners shall again
10meet with the inmate and shall normally set a parole release date
11as provided in Section 3041.5. No more than one member of the
12panel shall be a deputy commissioner. In the event of a tie vote,
13the matter shall be referred for an en banc review of the record
14that was before the panel that rendered the tie vote. Upon en banc
15review, the board shall vote to either grant or deny parole and
16render a statement of decision. The en banc review shall be
17conducted pursuant to subdivision (e). The release date shall be
18set in a manner that will provide uniform terms for offenses of
19similar gravity and magnitude with respect to their threat to the
20public, and that will comply with the sentencing rules that the
21Judicial Council may issue and any sentencing information relevant
22to the setting of parole release dates. The board shall establish
23criteria for the setting of parole release dates and in doing so shall
24consider the number of victims of the crime for which the inmate
25was sentenced and other factors in mitigation or aggravation of
26the crime. At least one commissioner of the panel shall have been
27present at the last preceding meeting, unless it is not feasible to
28do so or where the last preceding meeting was the initial meeting.
29Any person on the hearing panel may request review of any
30decision regarding parole for an en banc hearing by the board. In
31case of a review, a majority vote in favor of parole by the board
32members participating in an en banc review is required to grant
33parole to any inmate.

34(b) The panel or the board, sitting en banc, shall set a release
35date unless it determines that the gravity of the current convicted
36offense or offenses, or the timing and gravity of current or past
37convicted offense or offenses, is such that consideration of the
38public safety requires a more lengthy period of incarceration for
39this individual, and that a parole date, therefore, cannot be fixed
40at this meeting. After the effective date of this subdivision, any
P3    1decision of the parole panel finding an inmate suitable for parole
2shall become final within 120 days of the date of the hearing.
3During that period, the board may review the panel’s decision.
4The panel’s decision shall become final pursuant to this subdivision
5unless the board finds that the panel made an error of law, or that
6the panel’s decision was based on an error of fact, or that new
7 information should be presented to the board, any of which when
8corrected or considered by the board has a substantial likelihood
9of resulting in a substantially different decision upon a rehearing.
10In making this determination, the board shall consult with the
11commissioners who conducted the parole consideration hearing.
12No decision of the parole panel shall be disapproved and referred
13for rehearing except by a majority vote of the board, sitting en
14banc, following a public meeting.

15(c) For the purpose of reviewing the suitability for parole of
16those inmates eligible for parole under prior law at a date earlier
17than that calculated under Section 1170.2, the board shall appoint
18panels of at least two persons to meet annually with each inmate
19until the time thebegin delete personend deletebegin insert inmateend insert is released pursuant to proceedings
20or reaches the expiration of his or her term as calculated under
21Section 1170.2.

22(d) It is the intent of the Legislature that, during times when
23there is no backlog of inmates awaiting parole hearings, life parole
24consideration hearings, or life rescission hearings, hearings will
25be conducted by a panel of three or more members, the majority
26of whom shall be commissioners. The board shall report monthly
27on the number of cases where an inmate has not received a
28completed initial or subsequent parole consideration hearing within
2930 days of the hearing date required by subdivision (a) of Section
303041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless
31the inmate has waived the right to those timeframes. That report
32shall be considered the backlog of cases for purposes of this
33section, and shall include information on the progress toward
34eliminating the backlog, and on the number of inmates who have
35waived their right to the above timeframes. The report shall be
36made public at a regularly scheduled meeting of the board and a
37written report shall be made available to the public and transmitted
38to the Legislature quarterlybegin insert, in compliance with Section 9795 of
39the Government Codeend insert
.

P4    1(e) For purposes of this section, an en banc review by the board
2means a review conducted by a majority of commissioners holding
3office on the date the matter is heard by the board. An en banc
4review shall be conducted in compliance with the following:

5(1) The commissioners conducting the review shall consider
6the entire record of the hearing that resulted in the tie vote.

7(2) The review shall be limited to the record of the hearing. The
8record shall consist of the transcript or audiotape of the hearing,
9written or electronically recorded statements actually considered
10by the panel that produced the tie vote, and any other material
11actually considered by the panel. New evidence or comments shall
12not be considered in the en banc proceeding.

13(3) The board shall separately state reasons for its decision to
14grant or deny parole.

15(4) A commissioner who was involved in the tie vote shall be
16recused from consideration of the matter in the en banc review.



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