BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 230  


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          Date of Hearing:   July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


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


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows inmates serving life sentences, who are found  
          suitable for parole, to be paroled as specified.  However, this  
          bill authorizes the Governor to request a review of a decision  
          by the board to grant or deny parole at any time before the  








                                                                     SB 230  


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          inmate's scheduled release.


          FISCAL EFFECT:


          Unknown potential savings to the California Department of  
          Corrections (DCDR) for reduced incarceration periods.  Assuming  
          the annual contracted bed rate of $29,000 per inmate, the annual  
          General Fund savings would be $29,000 per each additional year  
          not served by an inmate paroled timely. 


          COMMENTS:


          1)Purpose.  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?
          2)Background.  The Board of Parole Hearings was created in 2005.  
             Prior to 2005, the Board of Prison Terms handled the adult  
            population eligible to receive parole. The Board of Prison  
            Terms was charged with parole hearings and revocation hearings  








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            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. 





            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. 





            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 that 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  








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            release to give the Governor the time to study the decision  
            and determine whether to ask for a review.





          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081