Amended in Senate March 24, 2015

Senate Bill No. 230

Introduced by Senator Hancock

February 13, 2015

begin delete An act to amend Section 3041 of the Penal Code, relating to parole. end delete begin insert An act to amend Sections 3041, 3041.1, 3041.2, 3041.5, 3041.7, 3042, 3043, 3043.1, 3043.2, 3043.25, 3046, and 3052 of the Penal Code, relating to parole. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

Existing law requires the Board of Parole Hearings to meet with every inmate during the 6th year before the inmate’s minimum eligible parole release date to review and document the inmate’s activities and conduct pertinent to parole eligibility and the granting or withholding of postconviction credit. Existing law requires a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmate’s minimum eligible parole release date to set a parole release date, as specified, unless the panel determines that a parole release date cannot be fixed.

end insert begin insert

This bill would specify that the purpose of the meeting between the Board of Parole Hearings and an inmate during the 6th year before the inmate’s minimum eligible parole date is to review and document the inmate’s activities and conduct pertinent to parole eligibility. The bill would require a panel of 2 or more commissioners or deputy commissioners to meet with each inmate one year before the inmate’s minimum eligible parole date in order to grant or deny parole, as specified. The bill would prohibit an inmate from being released before reaching his or her minimum eligible parole release date unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date.

end insert begin insert

Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole to an inmate up to 90 days before the inmate’s scheduled release date.

end insert begin insert

The bill would authorize the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmate’s scheduled release. The bill would make conforming changes.

end insert begin delete

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.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3041 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

3041.  

(a)  begin insert (1) end insert begin insert   end insert In the case of any inmate sentenced pursuant to
any law, other than Chapter 4.5 (commencing with Section 1170)
of Title 7 of Part 2, the Board of Parole Hearings shall meet with
each inmate during the sixth year begin delete prior to end delete begin insert before end insert the inmate’s
minimum eligible parole begin delete release end delete date for the purposes of reviewing
and documenting the inmate’s activities and conduct pertinent to
begin delete both parole eligibility and to the granting or withholding of
postconviction credit. end delete begin insert parole eligibility. end insert During this consultation,
the board shall provide the inmate information about the parole
hearing process, legal factors relevant to his or her suitability or
unsuitability for parole, and individualized recommendations for
the inmate regarding his or her work assignments, rehabilitative
programs, and institutional behavior. Within 30 days following
the consultation, the board shall issue its positive and negative
findings and recommendations to the inmate in writing. begin delete One year
prior to end delete

begin insert (2) end insert begin insert   end insert begin insert One year before end insert the inmate’s minimum eligible parole
begin delete release end delete date a panel of two or more commissioners or deputy
commissioners shall again meet with the inmate and shall normally
begin delete set a parole release date end delete begin insert grant parole end insert as provided in Section 3041.5.
No more than one member of the panel shall be a deputy
commissioner. begin delete In end delete

begin insert (3) end insert begin insert   end insert begin insert In end insert the event of a tie vote, the matter shall be referred for an
en banc review of the record that was before the panel that rendered
the tie vote. Upon en banc review, the board shall vote to either
grant or deny parole and render a statement of decision. The en
banc review shall be conducted pursuant to subdivision (e). begin delete The
release date shall be set in a manner that will provide uniform
terms for offenses of similar gravity and magnitude with respect
to their threat to the public, and that will comply with the
sentencing rules that the Judicial Council may issue and any
sentencing information relevant to the setting of parole release
dates. The board shall establish criteria for the setting of parole
release dates and in doing so shall consider the number of victims
of the crime for which the inmate was sentenced and other factors
in mitigation or aggravation of the crime. At end delete

begin insert (4) end insert begin insert   end insert begin insert Upon a grant of parole, the inmate shall be released subject
to all applicable review periods. However, an inmate shall not be
released before reaching his or her minimum eligible parole date
as set pursuant to Section 3046 unless the inmate is eligible for
earlier release pursuant to his or her youth offender parole
eligibility date. end insert

begin insert (5) end insert begin insert   end insert begin insert At end insert least one commissioner of the panel shall have been
present at the last preceding meeting, unless it is not feasible to
do so or where the last preceding meeting was the initial meeting.
Any person on the hearing panel may request review of any
decision regarding parole for an en banc hearing by the board. In
case of a review, a majority vote in favor of parole by the board
members participating in an en banc review is required to grant
parole to any inmate.

(b)  begin insert (1) end insert begin insert   end insert The panel or the board, sitting en banc, shall begin delete set a release
date end delete begin insert grant parole to an inmate end insert unless it determines that the gravity
of the current convicted offense or offenses, or the timing and
gravity of current or past convicted offense or offenses, is such
that consideration of the public safety requires a more lengthy
period of incarceration for this begin delete individual, and that a parole date,
therefore, cannot be fixed at this meeting. After the effective date
of this subdivision, end delete begin insert individual. end insert

begin insert (2) end insert begin insert   end insert begin insert After July 30, 2001, end insert any decision of the parole panel finding
an inmate suitable for parole shall become final within 120 days
of the date of the hearing. During that period, the board may review
the panel’s decision. The panel’s decision shall become final
pursuant to this subdivision unless the board finds that the panel
made an error of law, or that the panel’s decision was based on an
error of fact, or that new information should be presented to the
board, any of which when corrected or considered by the board
has a substantial likelihood of resulting in a substantially different
decision upon a rehearing. In making this determination, the board
shall consult with the commissioners who conducted the parole
consideration hearing. begin delete No end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert decision of begin delete the parole end delete begin insert a end insert panel shall begin insert not end insert be disapproved
and referred for rehearing except by a majority vote of the board,
sitting en banc, following a public meeting.

(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.

(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will
be conducted by a panel of three or more members, the majority
of whom shall be commissioners. The board shall report monthly
on the number of cases where an inmate has not received a
completed initial or subsequent parole consideration hearing within
30 days of the hearing date required by subdivision (a) of Section
3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless
the inmate has waived the right to those timeframes. That report
shall be considered the backlog of cases for purposes of this
section, and shall include information on the progress toward
eliminating the backlog, and on the number of inmates who have
waived their right to the above timeframes. The report shall be
made public at a regularly scheduled meeting of the board and a
written report shall be made available to the public and transmitted
to the Legislature quarterly.

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

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

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

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

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

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3041.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.1.  

begin delete Up to 90 days prior to a scheduled release date, end delete begin insert (a) end insert begin insert   end insert begin insert Any
time before an inmate’s release, end insert the Governor may request review
of begin delete any end delete begin insert a end insert decision by a parole authority concerning the grant or
denial of parole to any inmate in a state prison. The Governor shall
state the reason or reasons for the request, and whether the request
is based on a public safety concern, a concern that the gravity of
current or past convicted offenses may have been given inadequate
consideration, or on other factors. begin delete When end delete

begin insert (b) end insert begin insert   end insert begin insert If end insert a request has been made, the request shall be reviewed by
a majority of commissioners specifically appointed to hear adult
parole matters and who are holding office at the time. In case of
a review, a vote in favor of parole by a majority of the
commissioners reviewing the request shall be required to grant
parole to any inmate. In carrying out any review, the board shall
comply with begin delete the provisions of end delete this chapter.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3041.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.2.  

(a) During the 30 days following the granting, denial,
revocation, or suspension by begin delete a parole authority end delete begin insert the board end insert of the
parole of begin delete a person end delete begin insert an inmate end insert sentenced to an indeterminate prison
term based upon a conviction of murder, the Governor, when
reviewing the begin delete authority’s end delete begin insert board’s end insert decision pursuant to subdivision
(b) of Section 8 of Article V of the Constitution, shall review
materials provided by the begin delete parole authority. end delete begin insert board. end insert

(b) If the Governor decides to reverse or modify a parole
decision of begin delete a parole authority end delete begin insert the board end insert pursuant to subdivision
(b) of Section 8 of Article V of the Constitution, he or she shall
send a written statement to the inmate specifying the reasons for
his or her decision.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 3041.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.5.  

(a) At all hearings for the purpose of reviewing begin delete a
prisoner’s end delete begin insert an inmate’s end insert parole suitability, or the setting, postponing,
or rescinding of begin delete parole dates, end delete begin insert parole, end insert with the exception of en banc
review of tie votes, the following shall apply:

(1) At least 10 days begin delete prior to end delete begin insert before end insert any hearing by the Board of
Parole Hearings, the begin delete prisoner end delete begin insert inmate end insert shall be permitted to review begin delete his or her end delete begin insert the end insert file which will be examined by the board and shall
have the opportunity to enter a written response to any material
contained in the file.

(2) The begin delete prisoner end delete begin insert inmate end insert shall be permitted to be present, to ask
and answer questions, and to speak on his or her own behalf.
Neither the begin delete prisoner end delete begin insert inmate end insert nor the attorney for the begin delete prisoner end delete begin insert inmate end insert
shall be entitled to ask questions of any person appearing at the
hearing pursuant to subdivision (b) of Section 3043.

(3) Unless legal counsel is required by some other begin delete provision of end delete
law, a person designated by the Department of Corrections and
Rehabilitation shall be present to ensure that all facts relevant to
the decision be presented, including, if necessary, contradictory
assertions as to matters of fact that have not been resolved by
departmental or other procedures.

(4) The begin delete prisoner end delete begin insert inmate end insert and any person described in subdivision
(b) of Section 3043 shall be permitted to request and receive a
stenographic record of all proceedings.

(5) If the hearing is for the purpose of postponing or rescinding
begin delete of parole dates, the prisoner end delete begin insert parole, the inmate end insert shall have begin insert the end insert rights
set forth in paragraphs (3) and (4) of subdivision (c) of Section
2932.

(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful
consideration of whether the inmate is suitable for release on
parole.

(b) (1) Within 10 days following any begin delete meeting where a parole
date has been set, end delete begin insert decision granting parole, end insert the board shall send
the begin delete prisoner end delete begin insert inmate end insert a written statement setting forth begin delete his or her
parole date, end delete begin insert the reason or reasons for granting parole, end insert the
conditions he or she must meet in order to be begin delete released on the date
set, end delete begin insert released, end insert and the consequences of failure to meet those
conditions.

(2) Within 20 days following any begin delete meeting where a parole date
has not been set, end delete begin insert decision denying parole, end insert the board shall send the
begin delete prisoner end delete begin insert inmate end insert a written statement setting forth the reason or
reasons for begin delete refusal to set a parole date, end delete begin insert denying parole, end insert and suggest
activities in which he or she might participate that will benefit him
or her while he or she is incarcerated.

(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:

(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the begin delete setting of parole release dates enumerated
in subdivision (a) of Section 3041 end delete begin insert decision denying parole end insert are
such that consideration of the public and victim’s safety does not
require a more lengthy period of incarceration for the begin delete prisoner end delete
begin insert inmate end insert than 10 additional years.

(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the begin delete setting of parole release dates enumerated in
subdivision (a) of Section 3041 end delete begin insert decision denying parole end insert are such
that consideration of the public and victim’s safety does not require
a more lengthy period of incarceration for the begin delete prisoner end delete begin insert inmate end insert than
seven additional years.

(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the begin delete setting
of parole release dates enumerated in subdivision (a) of Section
3041 end delete begin insert decision denying parole end insert are such that consideration of the
public and victim’s safety requires a more lengthy period of
incarceration for the begin delete prisoner, end delete begin insert inmate, end insert but does not require a more
lengthy period of incarceration for the begin delete prisoner end delete begin insert inmate end insert than seven
additional years.

(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances
or new information establishes a reasonable likelihood that
consideration of the public and victim’s safety does not require
the additional period of incarceration of the begin delete prisoner end delete begin insert inmate end insert
provided in paragraph (3).

begin delete

(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.

end delete begin delete

(6)

end delete

begin insert (5) end insert  Within 10 days of any board action resulting in the
rescinding of begin delete a previously set parole date, end delete begin insert parole, end insert the board shall
send the begin delete prisoner end delete begin insert inmate end insert a written statement setting forth the reason
or reasons for that action, and shall schedule the begin delete prisoner’s end delete begin insert inmate’s end insert
next hearing in accordance with paragraph (3).

(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions
reached in a prior parole hearing shall be considered in but shall
not be deemed to be binding upon subsequent parole hearings for
an inmate, but shall be subject to reconsideration based upon
changed facts and circumstances. When conducting a hearing, the
board shall admit the prior recorded or memorialized testimony
or statement of a victim or witness, upon request of the victim or
if the victim or witness has died or become unavailable. At each
hearing the board shall determine the appropriate action to be taken
based on the criteria set forth in begin delete paragraph (3) of subdivision (a) end delete
begin insert paragraph (1) of subdivision (b) end insert of Section 3041.

(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new
information that establishes a reasonable likelihood that
consideration of the public safety does not require the additional
period of incarceration of the inmate.

(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only
for a manifest abuse of discretion by the board. The board shall
have the power to summarily deny a request that does not comply
with begin delete the provisions of end delete this subdivision or that does not set forth a
change in circumstances or new information as required in
paragraph (1) that in the judgment of the board is sufficient to
justify the action described in paragraph (4) of subdivision (b).

(3) An inmate may make only one written request as provided
in paragraph (1) during each three-year period. Following either
a summary denial of a request made pursuant to paragraph (1), or
the decision of the board after a hearing described in subdivision
(a) to begin delete not set a parole date, end delete begin insert deny parole, end insert the inmate shall not be
entitled to submit another request for a hearing pursuant to
subdivision (a) until a three-year period of time has elapsed from
the summary denial or decision of the board.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 3041.7 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.7.  

At any hearing for the purpose of setting, postponing,
or rescinding a parole release date of begin delete a prisoner end delete begin insert an inmate end insert under
a life sentence, the begin delete prisoner end delete begin insert inmate end insert shall be entitled to be
represented by counsel and begin delete the provisions of end delete Section 3041.5 shall
apply. The Board of Parole Hearings shall provide by rule for the
invitation of the prosecutor of the county from which the begin delete prisoner end delete
begin insert inmate end insert was committed, or his begin insert or her end insert representative, to represent
the interests of the people at the hearing. The Board of Parole
Hearings shall notify the prosecutor and the Attorney General at
least 30 days begin delete prior to end delete begin insert before end insert the date of the hearing.

Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the begin delete prisoner end delete begin insert inmate end insert was
committed, or his begin insert or her end insert representative, who shall not be the
Attorney General, except in cases in which the Attorney General
prosecuted the case at the trial level, shall be the sole representative
of the interests of the people.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 3042 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3042.  

(a) At least 30 days before the Board of begin delete Prison Terms end delete
begin insert Parole Hearings end insert meets to review or consider the parole suitability
begin delete or the setting of a parole date for any prisoner end delete begin insert of any inmate end insert
sentenced to a life sentence, the board shall send written notice
thereof to each of the following persons: the judge of the superior
court before whom the begin delete prisoner end delete begin insert inmate end insert was tried and convicted,
the attorney who represented the defendant at trial, the district
attorney of the county in which the offense was committed, the
law enforcement agency that investigated the case, and where the
begin delete prisoner end delete begin insert inmate end insert was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer
at the time of the murder.

(b) The Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert shall record
all those hearings and transcribe recordings of those hearings within
30 days of any hearing. Those transcripts, including the transcripts
of all prior hearings, shall be filed and maintained in the office of
the Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert and shall be made
available to the public no later than 30 days from the date of the
hearing. No begin delete prisoner end delete begin insert inmate end insert shall actually be released on parole
begin delete prior to end delete begin insert before end insert 60 days from the date of the hearing.

(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.

(d) Any statements, recommendations, or other materials
considered shall be incorporated into the transcript of the hearing,
unless the material is confidential in order to preserve institutional
security and the security of others who might be endangered by
disclosure.

begin delete

(e) This section shall not apply to any hearing held to consider
advancing a prisoner’s parole date due to his or her conduct since
his or her last hearing.

end delete begin delete

(f)

end delete

begin insert (e) end insert  (1) The written notice to the judge of the superior court
before whom the begin delete prisoner end delete begin insert inmate end insert was tried and convicted shall be
sent by United States mail.

(2) The judge receiving this written notice may forward to the
begin delete parole end delete board any unprivileged information from the trial or
sentencing proceeding regarding the begin delete prisoner, end delete begin insert inmate, end insert witnesses,
or victims, or other relevant persons, or any other information, that
is pertinent to the question of whether the begin delete parole end delete board should
grant parole or under what conditions parole should be granted.
The judge may also, in his or her discretion, include information
given to him or her by victims, witnesses, or other persons that
bear on the question of the begin delete prisoner’s end delete begin insert inmate’s end insert suitability for parole.

(3) The begin delete parole end delete board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the begin delete terms or end delete conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.

begin delete

(g)

end delete

begin insert (f) end insert  Nothing in this section shall be construed as limiting the type
or content of information the judge or any other person may
forward to the begin delete parole end delete board for consideration under any other
begin delete provision of end delete law.

begin delete

(h)

end delete

begin insert (g) end insert  Any person who receives notice under subdivision (a) who
is authorized to forward information for consideration in a parole
suitability hearing begin delete or the setting of a parole date end delete for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department
of Corrections begin insert and Rehabilitation end insert shall establish procedures for
receiving the information by facsimile or electronic mail pursuant
to this subdivision.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 3043 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3043.  

(a) (1) Upon request to the Department of Corrections
and Rehabilitation and verification of the identity of the requester,
notice of any hearing to review or consider the parole suitability
begin delete or the setting of a parole date for any prisoner end delete begin insert for any inmate end insert 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 victim of any crime committed by the begin delete prisoner, end delete begin insert inmate, end insert 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 begin delete prisoner end delete begin insert inmate end insert has been paroled, and any other felony
crimes or crimes against the person for which the begin delete prisoner end delete begin insert inmate end insert
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 begin delete prior to end delete begin insert before end insert the date selected for
the hearing, any 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 begin delete prior to end delete begin insert before end insert 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 begin delete prisoner end delete begin insert inmate end insert and the
case, including, but not limited to the commitment crimes,
determinate term commitment crimes for which the begin delete prisoner end delete begin insert inmate end insert
has been paroled, any other felony crimes or crimes against the
person for which the begin delete prisoner end delete begin insert inmate end insert 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 begin delete prisoner end delete begin insert inmate end insert for parole.

(2) Any 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 begin delete prior
to end delete begin insert before end insert the hearing.

(c) 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) 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 whether the person would pose a threat to
public safety if released on parole.

(e) In those cases where there are more than two immediate
family members of the victim who wish to attend any 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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 3043.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3043.1.  

Notwithstanding any other begin delete provision of end delete law, a victim,
his or her next of kin, or any immediate family member of the
victim who appears at any hearing to review or consider the parole
suitability begin delete or the setting of a parole date for any prisoner end delete begin insert of any
inmate end insert pursuant to Section 3043 shall be entitled to the attendance
of one person of his or her own choosing at the hearing for support.
The person so chosen shall not participate in the hearing nor make
comments while in attendance.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 3043.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3043.2.  

(a) (1) In lieu of personal appearance at any hearing
to review the parole begin delete suitability or the setting of a parole date, end delete
begin insert suitability, end insert the Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert shall permit
the victim, his or her next of kin, immediate family members, or
two representatives designated for a particular hearing by the victim
or next of kin in writing begin delete prior to end delete begin insert before end insert the hearing to file with the
board a written, audiotaped, or videotaped statement, or statement
stored on a CD Rom, DVD, or any other recording medium
accepted by a court pursuant to Section 1191.15 or by the board,
expressing his or her views concerning the crime and the person
responsible. The statement may be personal messages from the
person to the board made at any time or may be a statement made
pursuant to Section 1191.16, or a combination of both, except that
any statement provided by a representative designated by the victim
or next of kin shall be limited to comments concerning the effect
of the crime on the victim.

(2) A representative designated by the victim or the victim’s
next of kin for purposes of this section must be either a family or
household member of the victim.

(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on parole.

(b) Whenever an audio or video statement or a statement stored
on a CD Rom, DVD, or other medium is filed with the board, a
written transcript of the statement shall also be provided by the
person filing the statement.

(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.

(d) In the event the board permits an audio or video statement
or statement stored on a CD Rom, DVD, or other medium to be
filed, the board shall not be responsible for providing any
equipment or resources needed to assist the victim in preparing
the statement.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 3043.25 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

3043.25.  

Any victim, next of kin, members of the victim’s
immediate family, or representatives designated for a particular
hearing by the victim or next of kin in writing begin delete prior to end delete begin insert before end insert the
hearing who have the right to appear at a hearing to review parole
suitability begin delete or the setting of a parole date end delete , either personally as
provided in Section 3043, or by a written, audiotaped, or
videotaped statement as provided in Section 3043.2, and any
prosecutor who has the right to appear pursuant to Section 3041.7,
shall also have the right to appear by means of videoconferencing,
if videoconferencing is available at the hearing site. For the
purposes of this section, “videoconferencing” means the live
transmission of audio and video signals by any means from one
physical location to another.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 3046 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3046.  

(a)  begin delete No prisoner end delete begin insert An inmate end insert imprisoned under a life
sentence begin delete may end delete begin insert shall not end insert be paroled until he or she has served the
greater of the following:

(1) A term of at least seven calendar years.

(2) A term as established pursuant to any other begin delete provision of end delete law
that establishes a minimum term or minimum period of
confinement under a life sentence before eligibility for parole.

(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, begin delete no prisoner end delete begin insert an inmate end insert so
imprisoned begin delete may end delete begin insert shall not end insert be paroled until he or she has served the
term specified in subdivision (a) on each of the life sentences that
are ordered to run consecutively.

(c) Notwithstanding subdivisions (a) and (b), begin delete a prisoner end delete begin insert an
inmate end insert found suitable for parole pursuant to a youth offender parole
hearing as described in Section 3051 shall be paroled regardless
of the manner in which the board set release dates pursuant to
subdivision (a) of Section 3041, subject to subdivision (b) of
Section 3041 and Sections 3041.1 and 3041.2, as applicable.

(d) The Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert shall, in
considering a parole for begin delete a prisoner, end delete begin insert an inmate, end insert consider all
statements and recommendations which may have been submitted
by the judge, district attorney, and sheriff, pursuant to Section
1203.01, or in response to notices given under Section 3042, and
recommendations of other persons interested in the granting or
denying of begin delete the end delete parole. The board shall enter on its order granting
or denying parole to these begin delete prisoners, end delete begin insert inmates, end insert the fact that the
statements and recommendations have been considered by it.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 3052 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3052.  

The Board of begin delete Prison Terms end delete begin insert Parole Hearings end insert shall have
the power to establish and enforce rules and regulations under
which begin delete prisoners end delete begin insert inmates end insert committed to state prisons may be allowed
to go upon parole outside the prison buildings and enclosures when
eligible for parole.

begin delete

SECTION 1.  

Section 3041 of the Penal Code is amended to
read:

3041.  

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

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

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

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

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

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

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

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

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

end delete