BILL NUMBER: SB 230 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 13, 2015
An act to amend Section 3041 of the Penal Code, relating
to parole. 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 230, as amended, Hancock. Sentencing: parole.
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.
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.
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.
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.
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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3041 of the Penal
Code is amended to read:
3041. (a) (1) 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 prior to
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. parole eligibility.
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 prior to
(2) 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
grant parole as provided in Section 3041.5. No
more than one member of the panel shall be a deputy commissioner.
In
(3) 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
(4) 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.
(5) 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) (1) The panel or the board, sitting en
banc, shall set a release date grant parole
to an inmate 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, individual.
(2) After July 30, 2001, 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
(3) A decision of the
parole a panel shall not 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.
SEC. 2. Section 3041.1 of the Penal
Code is amended to read:
3041.1. Up to 90 days prior to a scheduled release date,
(a) Any time before an inmate's
release, the Governor may request review of any
a 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. When
(b) If 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 the provisions of
this chapter.
SEC. 3. Section 3041.2 of the Penal
Code is amended to read:
3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority
the board of the parole of a person
an inmate sentenced to an indeterminate prison term based
upon a conviction of murder, the Governor, when reviewing the
authority's board's decision pursuant
to subdivision (b) of Section 8 of Article V of the Constitution,
shall review materials provided by the parole authority.
board.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority the board
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.
SEC. 4. Section 3041.5 of the Penal
Code is amended to read:
3041.5. (a) At all hearings for the purpose of reviewing
a prisoner's an inmate's parole suitability, or
the setting, postponing, or rescinding of parole dates,
parole, with the exception of en banc review of
tie votes, the following shall apply:
(1) At least 10 days prior to before
any hearing by the Board of Parole Hearings, the prisoner
inmate shall be permitted to review his
or her the 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 prisoner inmate shall be
permitted to be present, to ask and answer questions, and to speak on
his or her own behalf. Neither the prisoner
inmate nor the attorney for the prisoner
inmate 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
provision of 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 prisoner inmate 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
of parole dates, the prisoner parole, the
inmate shall have the 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 meeting where a
parole date has been set, decision granting parole,
the board shall send the prisoner
inmate a written statement setting forth his or her
parole date, the reason or reasons for granting
parole, the conditions he or she must meet in order to be
released on the date set, released, and
the consequences of failure to meet those conditions.
(2) Within 20 days following any meeting where a parole
date has not been set, decision denying parole,
the board shall send the prisoner inmate
a written statement setting forth the reason or reasons for
refusal to set a parole date, denying parole,
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 setting of parole release dates
enumerated in subdivision (a) of Section 3041 decision
denying parole are such that consideration of the public and
victim's safety does not require a more lengthy period of
incarceration for the prisoner inmate
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 setting of parole release dates enumerated
in subdivision (a) of Section 3041 decision denying
parole are such that consideration of the public and victim's
safety does not require a more lengthy period of incarceration for
the prisoner inmate 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
setting of parole release dates enumerated in subdivision (a) of
Section 3041 decision denying parole are such
that consideration of the public and victim's safety requires a more
lengthy period of incarceration for the prisoner,
inmate, but does not require a more lengthy period of
incarceration for the prisoner inmate
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 prisoner
inmate provided in paragraph (3).
(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.
(6)
(5) Within 10 days of any board action resulting in the
rescinding of a previously set parole date,
parole, the board shall send the prisoner
inmate a written statement setting forth the reason or
reasons for that action, and shall schedule the prisoner's
inmate's 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 paragraph (3) of subdivision (a) paragraph
(1) of subdivision (b) 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
the provisions of 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
not set a parole date, deny parole,
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.
SEC. 5. Section 3041.7 of the Penal
Code is amended to read:
3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner
an inmate under a life sentence, the prisoner
inmate shall be entitled to be represented by
counsel and the provisions of 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
prisoner inmate was committed, or his or
her 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 prior
to before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner
inmate was committed, or his or her
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.
SEC. 6. Section 3042 of the Penal Code
is amended to read:
3042. (a) At least 30 days before the Board of Prison
Terms Parole Hearings meets to review or
consider the parole suitability or the setting of a parole
date for any prisoner of any inmate 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 prisoner inmate 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
prisoner inmate 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 Prison Terms Parole
Hearings 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 Prison
Terms Parole Hearings and shall be made
available to the public no later than 30 days from the date of the
hearing. No prisoner inmate shall
actually be released on parole prior to
before 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.
(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.
(f)
(e) (1) The written notice to the judge of the superior
court before whom the prisoner inmate
was tried and convicted shall be sent by United States mail.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the
trial or sentencing proceeding regarding the prisoner,
inmate, witnesses, or victims, or other relevant
persons, or any other information, that is pertinent to the question
of whether the parole 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 prisoner's inmate's suitability
for parole.
(3) The parole board shall review and consider
all information received from the judge or any other person and shall
consider adjusting the terms or conditions of
parole to reflect the comments or concerns raised by this
information, as appropriate.
(g)
(f) 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 parole board for
consideration under any other provision of law.
(h)
(g) Any person who receives notice under subdivision
(a) who is authorized to forward information for consideration in a
parole suitability hearing or the setting of a parole date
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 and
Rehabilitation shall establish procedures for receiving the
information by facsimile or electronic mail pursuant to this
subdivision.
SEC. 7. 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 hearing to review or consider the parole suitability
or the setting of a parole date for any prisoner
for any inmate 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
prisoner, inmate, 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 inmate has been paroled, and any other
felony crimes or crimes against the person for which the
prisoner inmate 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 before
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 prior to before
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 inmate
and the case, including, but not limited to the commitment
crimes, determinate term commitment crimes for which the
prisoner inmate has been paroled, any other
felony crimes or crimes against the person for which the
prisoner inmate 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 inmate 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 prior to
before 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.
SEC. 8. Section 3043.1 of the Penal
Code is amended to read:
3043.1. Notwithstanding any other provision of
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 or the setting of a parole date for
any prisoner of any inmate 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.
SEC. 9. Section 3043.2 of the Penal
Code is amended to read:
3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole
date, suitability, the Board of Prison
Terms Parole Hearings 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 prior to before
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.
SEC. 10. Section 3043.25 of the Penal
Code is amended to read:
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 prior to
before the hearing who have the right to appear
at a hearing to review parole suitability or the setting of
a parole date , 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.
SEC. 11. Section 3046 of the Penal Code
is amended to read:
3046. (a) No prisoner An inmate
imprisoned under a life sentence may shall
not 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 provision
of 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, no prisoner
an inmate so imprisoned may
shall not 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), a prisoner
an inmate 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 Prison Terms Parole
Hearings shall, in considering a parole for a
prisoner, an inmate, 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 the
parole. The board shall enter on its order granting or
denying parole to these prisoners, inmates,
the fact that the statements and recommendations have been
considered by it.
SEC. 12. Section 3052 of the Penal Code
is amended to read:
3052. The Board of Prison Terms Parole
Hearings shall have the power to establish and enforce rules
and regulations under which prisoners inmates
committed to state prisons may be allowed to go upon parole
outside the prison buildings and enclosures when eligible for parole.
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.