BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 230


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          Date of Hearing:  June 16, 2015


          Counsel:               David Billingsley








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          230 (Hancock) - As Amended March 24, 2015





          SUMMARY: Allows inmates serving life sentences who are found  
          suitable for parole, to be paroled as specified. Authorizes 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. Specifically, this bill: 
           
          1)Requires a panel of two 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. 









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          2)Provides that an inmate found suitable for parole shall be  
            paroled subject to review by the Governor.

          3)Specifies that any time before an inmate's release the  
            Governor can request a review of parole suitability.



          4)Requires an inmate found suitable for parole not be released  
            prior to his or her minimum eligible parole date, unless  
            eligible for an earlier release as a youthful offender.





          5)Makes technical and conforming changes.
          EXISTING LAW:  



          1)Provides that in the case of any inmate sentenced to an  
            indeterminate sentence the Board of Parole Hearings (the  
            Board) shall meet with each inmate during the sixth year prior  
            to the inmate's eligible parole release date for the purposes  
            of reviewing and documenting the inmates activities and  
            conduct pertinent to both parole eligibility and to the  
            granting and withholding of postconviction credit. (Pen. Code,  
            § 3041, subd. (a).)



          2)Provides that one year prior to the inmate's minimum eligible  
            parole release date a panel of two or more commissioners or  
            deputy commissioners shall meet with the inmate and shall  
            normally set a parole release date. (Pen. Code, § 3041, subd.  
            (a).)










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          3)Specifies that 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  
            setting of the 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 crime for  
            which the inmate was sentenced and other factors in mitigation  
            or aggravation of the crime. (Pen. Code, § 3041, subd. (a).)



          4)States that one year prior to 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  
            except as provided, normally set a parole release date as  
            provided in Section 3041.5. (Pen. Code, § 3041, subd. (a).)



          5)Specifies that 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 time the board may  
            review the panel's decision.  The decision shall become final  
            unless there was an error of law or an error of fact or new  
            information that should be presented to the board.  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. (Pen. Code, § 3041, subd.  
            (b).)



          6)Provides that, based on facts from the underlying crime, an  
            inmate can be held for a longer period of time once they are  
            found suitable for parole. (Cal. Code Regs. tit. 15, § 2403.)









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          7)States that up to 90 days prior to a scheduled release date,  
            the Governor may request review of a decision by a parole  
            authority concerning the grant or denial of parole to any  
            inmate in state prison. (Pen. Code, § 3041.1.)



          8)Specifies that the panel shall first determine whether a  
            prisoner is suitable for release on parole. Regardless of the  
            length of time served, a life prisoner shall be found  
            unsuitable for and denied parole if in the judgment of the  
            panel the prisoner will pose an unreasonable risk of danger to  
            society if released from prison. (Cal. Code Regs. tit. 15, §  
            2281, subd. (a).)



          9)States that all relevant, reliable information available to  
            the panel shall be considered in determining suitability for  
            parole. Such information shall include the circumstances of  
            the prisoner's: social history; past and present mental state;  
            past criminal history, including involvement in other criminal  
            misconduct which is reliably documented; the base and other  
            commitment offenses, including behavior before, during and  
            after the crime; past and present attitude toward the crime;  
            any conditions of treatment or control, including the use of  
            special conditions under which the prisoner may safely be  
            released to the community; and any other information which  
            bears on the prisoner's suitability for release. Circumstances  
            which taken alone may not firmly establish unsuitability for  
            parole may contribute to a pattern which results in a finding  
            of unsuitability. (Cal. Code Regs. tit. 15, § 2281, subd.  
            (b).) 


          FISCAL EFFECT:  Unknown.









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          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 230 is the  
            Responsible Parole Act. It ensures that once the Board of  
            Parole Hearings determines that an inmate is eligible,  
            suitable, and safe for parole, the implementation of that  
            decision is expedited. 

          "Currently, it is possible for an inmate to be found suitable  
            and safe for parole by the Board but still have their parole  
            date delayed by significant time, often years. This is because  
            the current system of sentencing enhancements can add time for  
            charges that the inmate was never convicted of, or factual  
            findings that the jury at trial declined to find.

          "If a prisoner is deemed eligible and safe for release by the  
            authorities, they should be released as soon as feasible and  
            not subjected to excessive delays. Why should we keep them for  
            additional months or years in our state prison system at  
            tremendous cost to taxpayers?

          "The bill creates steps to minimize bureaucratic delay, remove  
            duplication, and eliminate unfair procedures that often result  
            in a supposedly "paroled" inmate spending additional  
            time-often years-in prison before his or her actual release.

          "The bill also makes it easier for the Governor to review all  
            parole decisions by allowing him or her to decide whether to  
            approve parole any time before an inmate's scheduled parole  
            date."

          2)The Board of Parole Hearings: The Board of Parole Hearings was  
            created in 2005.  Prior to 2005, the Board of Prison Terms  








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            handled the adult population eligible to receive parole. The  
            Board of Prison Terms was charged with parole hearings and  
            revocation hearings for adults. Based on the recommendations  
            of a task force assembled by then Governor Schwarzenegger the  
            Board of Prison Terms was dissolved to form the Board of  
            Parole Hearings charged with similar responsibilities and  
            governed by the same statutory language. Among its many  
            powers, the Board of Parole Hearings has the authority to  
            determine parole suitability and set a date for parole release  
            when an individual is found suitable for release. Parole Board  
            Discretion and the Use of Base Term Enhancements, (2013) Eric  
            Dunn and Michael Ruiz, p. 16.

          3)Release Upon a Finding of Suitability: The Board of Parole  
            Hearings, in determining suitability, takes into consideration  
            the facts of the original crime along with the steps the  
            inmate has taken toward rehabilitation and his or her current  
            danger to the public.  To be found suitable for parole the  
            board has found that he or she is not a current danger.   
            However, the current system keeps them in for longer at great  
            expense and no added safety to the public.  

          Even after the parole board finds an individual suitable for  
            release they may still require an individual to spend months  
            or even years in prison before being released. These  
            lengthened sentences result from the term calculation process  
            the parole board engages in to determine how many years an  
            individual should spend in prison to satisfy the  
            non-rehabilitative purposes of incarceration. These term  
            calculations can extend or alter an individual's sentence,  
            creating a system of back-end sentencing in which a judge's  
            sentence may bear little resemblance to the actual time an  
            individual serves under correctional control. Parole Board  
            Discretion and the Use of Base Term Enhancements, supra, p. 3.  
             

          The regulations' system of base term calculation is complex,  
            inconsistent, and not at all apparent from the sentences  
            issued by trial judges. Parole Board Discretion and the Use of  








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            Base Term Enhancements, supra, p. 27. 



            This bill provides that if an inmate is found suitable he or  
            she shall be released, after the Governor's statutory right of  
            review.  The author believes that this is a truth in  
            sentencing provision.  If a person serves his or her time as  
            imposed by the sentencing court and is found suitable, he or  
            she is released.  This will also give the inmate a realistic  
            time frame to work toward rehabilitating himself or herself.   
            The author believes that to be found suitable by the board and  
            then kept longer because of factors in your original crime,  
            that were already considered by the board,  does not encourage  
            rehabilitative behavior by inmates.
          4)Change in Time for the Governor to Request a Review of the  
            Parole Decision:  Under existing law the Governor can ask for  
            the review of a parole decision up to 90 days prior to the  
            release. This works under the existing system in which a  
            person can be found suitable for parole but not released for  
            years afterwards.  Under this bill once found suitable, a  
            person will be released after the 120 days the Governor has to  
            review parole decisions.  Because of this shorter time frame  
            to release, the Governor may not have time to ask for a review  
            of the decision 90 days prior to the release. This bill would  
            allow the Governor to ask for the review any time prior to the  
            release to give the Governor the time to study the decision  
            and determine whether to ask for a review.

          5)Argument in Support:  According to California Public Defenders  
            Association, "SB 230 would amend the Penal Code sections  
            governing parole to require that the Board of Parole Hearings  
            meet with every inmate during the sixth year before the  
            inmate's minimum parole eligibility date.  The purpose of the  
            meeting is to review and document the inmate's activities and  
            behavior bearing on their potential parole. SB 230 would  
            authorize the Governor to request a review of the Board of  
            Parole Hearings decision to grant or deny parole at any time  
            instead of the 90 day review period in existing law. 








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          "The effect of SB 230 is restoration of truth in sentencing. SB  
            230 would provide that when an individual is found suitable  
            for parole by the Board of Parole Hearings (BPH), that they  
            would actually be granted parole pending review by the  
            Governor. Under the current convoluted system of calculating  
            parole time, an inmate can remain in prison, sometimes upwards  
            of years, after BPH finds them suitable for parole. Under  
            current law, BPH considers and adds additional years to an  
            inmate's incarceration based on previous criminal charges that  
            the inmate was never convicted of or enhancements that the  
            sentencing court already took into account.  This opaque  
            parole system results in inmates who have been found suitable  
            for parole serving additional time (often years) before they  
            are actually paroled.

          "SB 230 simplifies our parole system in a basic and commonsense  
            way. It saves money and ensures public safety, by ensuring  
            that suitable inmates are released." 

          6)Prior Legislation:  

             a)   SB 1363 (Hancock), of the 2013-2014 Legislative Session,  
               would have changed to process to set a parole date for  
               inmates sentenced to indeterminate life terms.  SB 1363  
               failed Senate Floor. 

             b)   SB 260 (Hancock), Chapter 312, Statutes of 2014,  
               established a parole process for persons sentenced to  
               lengthy prison terms for crimes committed before attaining  
               18 years of age.



             c)   SB 9 (Yee), Chapter 828, Statutes of 2012, authorizes a  
               prisoner who was under 18 years of age at the time of  
               committing an offense for which the prisoner was sentenced  
               to life with out parole to submit a petition for recall and  
               resentencing to the sentencing court, and to the  








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               prosecuting agency, as specified.




          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California Public Defenders Association


          Californians for Safety and Justice 





          Opposition


          


          None





          Analysis Prepared by:David Billingsley / PUB. S. / (916)  








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          319-3744