BILL ANALYSIS �
AB 1281
Page 1
GOVERNOR'S VETO
AB 1281 (Garrick)
As Amended April 25, 2011
2/3 vote
PUBLIC SAFETY 7-0
-----------------------------------------------------------------
| |Ammiano, Knight, Cedillo, | | |
| |Hagman, Hill, Mitchell, | | |
| |Skinner | | |
| | | | |
|Ayes:| | | |
| | | | |
| | | | |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |71-0 |(May 5, 2011) |SENATE: |37-0 |(June 27, |
| | | | | |2011) |
-----------------------------------------------------------------
SUMMARY : Provides that at a hearing regarding parole
suitability or the setting of a parole date, a victim, next of
kin, immediate family member of a victim or designated
representative and any prosecutor with the right to appear, as
specified, has the right to appear by means of audioconferencing
if it is available at the hearing site. Specifically, this
bill :
1) Requires that if audioconferencing is available at the
hearing site, parties with the right to appear, as
specified, have the right to appear via audioconferencing.
2) Defines "audioconferencing" as the live transmission of
audio signals by any means from one physical location to
another.
EXISTING LAW :
1) Declares that a victim, next of kin, members of the
AB 1281
Page 2
victim's family, and two representatives, as specified,
have the right to appear, personally or by counsel, at a
hearing considering parole suitability or the setting of a
parole date and to adequately and reasonably express their
views concerning the prisoner and the case, including, but
not limited to, commitment crimes, determinate term
commitment crimes for which the prisoner has been paroled,
other felony crimes or crimes against the person for which
the prisoner has been convicted, the effect of the
enumerated crimes on the victim and the victim's family,
the person responsible for these crimes, and the prisoner's
suitability for parole.
2) Mandates that a prisoner under a life sentence is
entitled to be represented by counsel, as specified, at a
hearing for the purpose of setting, postponing or
rescinding a parole release date. States that the Board of
Parole Hearings (BPH) must provide by rule for the
invitation of the prosecutor of the county from which the
prisoner was committed, or his or her representative, to
represent the interests of the people at the hearing.
Requires BPH to notify the prosecutor and the Attorney
General at least 30 days prior to the date of the hearing.
Provides that, notwithstanding Government Code Section
12550, the prosecutor of the county from which the prisoner
was committed, as specified, shall be the sole
representative of the interests of the people.
3) States that any victim, next of kin, members of the
victim's immediate family or a representative designated by
the victim or next of kin, as specified, who have the right
to appear at a hearing to review parole suitability or the
setting of a parole date, either personally or by written,
audiotaped or videotaped statement, as specified, and a
prosecutor who has the right to appear, as specified, also
has the right to appear by means of videoconferencing if it
is available at the hearing site. Defines
"videoconferencing" as live transmission of audio and video
signals from one physical location to another.
4) Defines "immediate family" as the victim's spouse,
AB 1281
Page 3
parent, grandparent, brother, sister, and children or
grandchildren who are related by blood, marriage or
adoption.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Penal Code Section 3043.25
is the statute governing the prosecutor's right to appear at a
parole hearing via video conferencing. In many cases, video
conferencing is not available at the hearing site, or breaks
down at the last minute. In some cases, the inmate does not
have a good chance of receiving a parole grant, and in those
circumstances the cost to personally attend the hearing
outweighs the benefits associated with personal attendance.
This amendment would provide that in those situations, a speaker
phone, or other device, could be used to allow audio
conferencing as well as video conferencing at parole hearings.
Used wisely, this additional option could save money and still
give us a voice at appropriate hearings. Although �BPH] has
allowed audio conferencing many times at parole hearings, it is
not done consistently. A change in the law would correct this
and allow for this option at the prosecutor's discretion so long
as a speaker phone is available at the hearing site."
Please see the policy committee analysis for a full discussion
of this bill.
GOVERNOR'S VETO MESSAGE :
This measure would allow the use of audioconferencing
equipment at Board of Parole hearings, if the
equipment is available. This measure is unnecessary.
The Board already allows hearing participation through
the use of audioconferencing equipment and there is
nothing in law that prohibits its use. I will direct
the Board to continue to accommodate those wishing to
participate in hearings using audioconferencing.
There is no need to codify this practice in law.
AB 1281
Page 4
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744
FN: 0001658