BILL ANALYSIS �
AB 1593
Page 1
ASSEMBLY THIRD READING
AB 1593 (Ma)
As Amended March 29, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-4
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|Ayes:|Ammiano, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Donnelly, Nielsen, Norby, |
| | | |Wagner |
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SUMMARY : Requires the Board of Parole Hearings (BPH), when
reviewing a prisoner's suitability for parole, to give great
weight to any information or evidence that, at the time of the
commission of the crime, the prisoner had experienced intimate
partner battering. Specifically, this bill:
1)Clarifies that BPH must consider information or evidence that,
at the time of the crime, the person had experienced intimate
partner battering if the person was convicted of an offense
that occurred prior to August 29, 1996.
2)Mandates BPH to include in its annual report to the
Legislature and the Governor specific and detailed findings of
its investigations of cases where a prisoner had experienced
intimate partner battering at the time of the offense.
3)States that the fact that a prisoner has presented evidence of
intimate partner battering cannot be used to support a finding
that the prisoner lacks insight into his or her crime and its
causes.
EXISTING LAW :
1)Authorizes BPH to report to the Governor, from time to time,
the names of any and all persons imprisoned in any state
prison who, in its judgment, ought to have a commutation of
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sentence or be pardoned and set at liberty on account of good
conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its
effects. Defines "intimate partner battering and its effects"
to include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or
behavior of victims of domestic violence where it appears the
criminal behavior was the result of that victimization.
2)Requires BPH, in reviewing a prisoner's suitability for parole
to consider any information or evidence that, at the time of
the commission of the crime, the prisoner had experienced
intimate partner battering, but was convicted of the offense
prior to the enactment of Evidence Code Section 1107. The BPH
shall state on the record the information or evidence that it
considered pursuant to this subdivision, and the reasons for
the parole decision. The BPH shall annually report to the
Legislature and the Governor on the cases the BPH considered
pursuant to this subdivision during the previous year,
including the BPH's decision and the findings of its
investigations of these cases.
3)Provides that at all hearings for the purpose of reviewing a
prisoner's parole suitability, or the setting, postponing, or
rescinding of parole dates, with the exception of en banc
review of tie votes, the following shall apply:
a) At least 10 days prior to any hearing by BPH, the
prisoner shall be permitted to review his or her file which
will be examined by the BPH and shall have the opportunity
to enter a written response to any material contained in
the file;
b) The prisoner shall be permitted to be present, to ask
and answer questions, and to speak on his or her own
behalf. Neither the prisoner nor the attorney for the
prisoner shall be entitled to ask questions of any person
appearing at the hearing;
c) Unless legal counsel is required by some other provision
of 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
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matters of fact that have not been resolved by departmental
or other procedures;
d) The prisoner and any victim or next of kin shall be
permitted to request and receive a stenographic record of
all proceedings;
e) If the hearing is for the purpose of postponing or
rescinding of parole dates, the prisoner shall have right
to have witnesses called, unless the person conducting the
hearing has specific reasons to deny this request, and the
prisoner shall have the right to question all witnesses;
and,
f) The BPH 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.
4)Requires at any hearing for the purpose of setting,
postponing, or rescinding a parole release date of a prisoner
under a life sentence, the prisoner shall be entitled to be
represented by counsel. BPH shall 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. BPH
shall notify the prosecutor and the Attorney General at least
30 days prior to the date of the hearing.
5)States that the hearing shall be conducted 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 BPH
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 BPH shall determine the appropriate action
to be taken based on the criteria set forth in Penal Code
Section 3041(a).
6)States that BPH, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements
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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.
7)Requires BPH to record parole 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 Prison Terms and shall be made available to the
public no later than 30 days from the date of the hearing. No
prisoner shall actually be released on parole prior to 60 days
from the date of the hearing. At any hearing, the presiding
hearing officer shall state his or her findings and supporting
reasons on the record.
8)States that in a criminal action, expert testimony is
admissible by either the prosecution or the defense regarding
intimate partner battering and its effects, including the
nature and effect of physical, emotional, or mental abuse on
the beliefs, perceptions, or behavior of victims of domestic
violence, except when offered against a criminal defendant to
prove the occurrence of the act or acts of abuse which form
the basis of the criminal charge.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)To the extent additional emphasis on intimate partner
battering (IPB) results in earlier parole dates, there would
be ongoing, indeterminable General Fund savings.
2)Minor absorbable costs to BPH to add additional detail to its
existing annual report.
COMMENTS : According to the author, "All of victims that are
eligible for parole have served the minimum amount of their
sentence. The individuals that suffered intimate partner
battering and its effects are being double victimized. They
were victimized first by their abusers and later by the system.
When the majority of these victims were sentenced there was a
limited amount of resources to help victims get out of these
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abusive relationships, which in many cases led to the death of
the abuser by the victim. AB 1593 provides victims of domestic
violence who have suffered Intimate Partner Battering (IPB) a
chance to present their evidence in an effective way during the
parole process without being victimized again."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003384