Senate Bill No. 1341

Introduced by Senator Hueso

February 19, 2016

An act to amend Section 3041.5 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

SB 1341, as introduced, Hueso. Parole

Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, authorizes the Board of Parole Hearings, after considering the views and interests of the victim, to advance a parole hearing that was set after a hearing at which parole was denied 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 prisoner to serve the additional period of incarceration required as a result of the previously set hearing date. Marsy’s Law authorizes the Legislature to amend its provisions by passing a statute with 3⁄4 of the membership of each house concurring, unless the amendments expand the scope of Marsy’s Law’s provisions, recognize additional rights of crime victims, or further the rights of crime victims, in which case the Legislature may amend its provisions by passing a statute with a majority vote of membership of each house concurring.

This bill would prohibit the board from advancing a parole hearing to a date less than 2 years after a hearing at which parole was denied.

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 3041.5 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, begin insert but not less than two years after
a hearing at which parole was denied, end insert 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.