Amended in Assembly July 16, 2015

Amended in Senate March 24, 2015

Senate Bill No. 230

Introduced by Senator Hancock

February 13, 2015

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.

begin insert

The bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by AB 487 that would become operative if this bill and AB 487 are both chaptered and this bill is chaptered last.

end insert

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

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

SECTION 1.  

Section 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 before the inmate’s minimum
eligible parole date for the purposes of reviewing and documenting
the inmate’s activities and conduct pertinent to 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.

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

(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).

(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 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.

(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.

(3) A decision of 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.  

(a) Any time before an inmate’s release, the Governor
may request review of 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.

(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 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 the board of the parole of an inmate
sentenced to an indeterminate prison term based upon a conviction
of murder, the Governor, when reviewing the board’s decision
pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the board.

(b) If the Governor decides to reverse or modify a parole
decision of 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 an
inmate’s parole suitability, or the setting, postponing, or rescinding
of parole, with the exception of en banc review of tie votes, the
following shall apply:

(1) At least 10 days before any hearing by the Board of Parole
Hearings, the inmate shall be permitted to review 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 inmate shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither
the inmate nor the attorney for the 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 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 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
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 decision granting parole,
the board shall send the inmate a written statement setting forth
the reason or reasons for granting parole, the conditions he or she
must meet in order to be released, and the consequences of failure
to meet those conditions.

(2) Within 20 days following any decision denying parole, the
board shall send the inmate a written statement setting forth the
reason or reasons for 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 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 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 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 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 decision
denying parole are such that consideration of the public and
victim’s safety requires a more lengthy period of incarceration for
the inmate, but does not require a more lengthy period of
incarceration for the 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 inmate provided in
paragraph (3).

(5) Within 10 days of any board action resulting in the
rescinding of parole, the board shall send the inmate a written
statement setting forth the reason or reasons for that action, and
shall schedule the 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 (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 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 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.

begin insert

begin insert SEC. 4.5. 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 any end delete begin insert before a end insert 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 begin delete which end delete begin insert that end insert 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 begin delete any end delete begin insert a end insert person appearing at the
hearing pursuant to subdivision (b) of Section 3043.

(3) Unless legal counsel is required by begin delete some other provision of end delete
begin insert another end insert law, a person designated by the Department of Corrections
and Rehabilitation shall be present to ensure that all facts relevant
to the decision begin delete be end delete begin insert are end insert 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 begin delete any end delete begin insert a end insert 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 begin delete any meeting where a parole
date has been set, end delete begin insert a 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 begin delete any meeting where a parole date
has not been set, end delete begin insert a 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 begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert 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 begin delete may end delete begin insert may, end insert in its discretion, after considering the
views and interests of the begin delete victim, end delete begin insert victim and the district attorney
of the county in which the offense was committed, end insert 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 provided begin insert for end insert 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 begin delete any end delete begin insert a end insert 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 begin delete in end delete begin insert in, end insert but shall
not be deemed to be binding begin delete upon end delete begin insert upon, end insert 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 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, begin delete with notice, upon request, and a copy to the victim end delete
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. begin insert The board shall provide
notice of the request to the district attorney and the victim, if the
victim has previously requested notification of all board actions,
no less than 30 days before the board may grant the inmate’s
request. Notice shall be satisfied by mailing copies of the inmate’s
request to the office of the district attorney and, if applicable, to
the last address provided by the victim to the Office of Victim and
Survivor Rights and Services. end insert

(2) The board shall have sole jurisdiction, after considering the
views and interests of the begin insert district attorney of the county in which
the offense was committed, or his or her representative, and the end insert
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.

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 an inmate under a life
sentence, the inmate shall be entitled to be represented by counsel
and 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 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 before the date of the hearing.

Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the 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 Parole Hearings
meets to review or consider the parole suitability 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 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 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 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 Parole Hearings and shall be made available to the public no
later than 30 days from the date of the hearing. No inmate shall
actually be released on parole 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) (1) The written notice to the judge of the superior court
before whom the inmate was tried and convicted shall be sent by
United States mail.

(2) The judge receiving this written notice may forward to the
board any unprivileged information from the trial or sentencing
proceeding regarding the inmate, witnesses, or victims, or other
relevant persons, or any other information, that is pertinent to the
question of whether the 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 inmate’s
suitability for parole.

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

(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 board for consideration under any other law.

(g) Any person who receives notice under subdivision (a) who
is authorized to forward information for consideration in a parole
suitability hearing 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
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 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 inmate has been paroled, and any other felony crimes
or crimes against the person for which the 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 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 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 inmate and the case,
including, but not limited to the commitment crimes, determinate
term commitment crimes for which the inmate has been paroled,
any other felony crimes or crimes against the person for which the
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 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 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 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
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, the Board of 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 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 before the hearing
who have the right to appear at a hearing to review parole
suitability, 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) An inmate imprisoned under a life sentence 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 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, an inmate so imprisoned
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), 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 Parole Hearings shall, in considering a parole
for 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 parole. The board shall enter on its
order granting or denying parole to these 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 Parole Hearings shall have the power to
establish and enforce rules and regulations under which inmates
committed to state prisons may be allowed to go upon parole
outside the prison buildings and enclosures when eligible for
parole.

begin insert

begin insert SEC. 13. end insert   

end insert begin insert

Section 4.5 of this bill incorporates amendments to
Section 3041.5 of the Penal Code proposed by both this bill and
Assembly Bill 487. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 3041.5 of the Penal Code, and (3)
this bill is enacted after Assembly Bill 487, in which case Section
4 of this bill shall not become operative.

end insert