SB 1363, as amended, Hancock. Sentencing: parole.
Existing law requires the Board of Parole Hearings to meet with each inmate during the 6th year prior to the inmate’s minimum eligible parole release date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to both parole eligibility and to the granting or withholding of postconviction credit. During this consultation, the board is required to provide the inmate with information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Existing law requires the board to issue its positive and negative findings and recommendations to the inmate in writing, within 30 days following the consultation.
This bill
would require the board to establish criteria for the setting ofbegin delete the base term of incarceration. The criteria shall include, but not be limited to, consideration of the number of victims of the crime for which the inmate was sentenced and other factors in mitigation or aggravation of the crime. The bill would require the board to establish criteria for determining whether an inmate is suitable for parole, and would require the board to establish criteria for an inmate’s adjusted base term of incarceration, as adjusted by applicable enhancements or credits.end deletebegin insert parole release dates.end insert The bill would require an inmate who is found suitable for parole to be paroledbegin delete regardless of whether the base term of incarceration, as adjusted, has expiredend delete,
subject to certain minimum term provisions and specified review provisions.
Existing law requires that one year prior to the inmate’s minimum eligible parole release date a panel of 2 or more commissioners or deputy commissioners acting for the board meet with the inmate and, subject to exception, set a parole release date per specified procedures.
The bill would require the panel meeting with the inmate to establish the inmate’s base term of incarceration by applyingbegin delete the applicable factors set out in the board’s regulations and guidelines. The bill would require the board to adopt prior determinations and findings of the sentencing court in establishing the base term of incarceration. The bill would require that the base term of incarceration be set in a manner that will, to the greatest extent possible, provide proportionate and uniform terms for offenses of similar gravity and magnitude with
respect to their threat to the public, that will comply with the sentencing rules that the Judicial Council may issue, and with any sentencing information relevant to the setting of the base term of incarceration. The bill would require the board to also establish the inmate’s adjusted base term of incarceration by applying any adjustments to the base term of incarceration based on the inmate’s incarceration history.end deletebegin insert specified factors.end insert The bill provides that at the meeting one year prior to the inmate’s minimum eligible parole release date the board will normally set a release date at the inmate’s initial parolebegin delete hearing, but is not required to set a parole date in every case.end deletebegin insert hearing.end insert
Existing law requires the board to separately state reasons for its decision to grant or deny parole.
The bill would require the board’s stated reasons to demonstrate, on the record, an individualized consideration of all relevant factors. The bill would require that in the case of an inmate who has served beyond his or her base term of incarceration,begin delete as adjusted,end delete a decision by the board to deny parole be supported by substantial evidence and with respect to the entire record.
The bill would require the board to collect and maintain statistics that show, annually, the number of inmates in state prison who are serving a term in excess of their base term of incarceration, as adjusted by applicable enhancements or credits, and the percentage of all cases decided each year in which the board, in a final decision, by a panel or the board sitting en banc, has declined to find an inmate suitable for parole, despite the fact that the inmate has served a sentence beyond the base term of incarceration, as adjusted by applicable enhancements or credits. The bill would require the board to report the data to the Legislature on or before January 1, 2016, and annually thereafter.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3041 of the Penal Code is amended to
2read:
(a) The Board of Parole Hearings shall establish criteria
4for the setting of the base term of incarceration. The criteria shall
5include, but not be limited to, consideration of the number of
6victims of the crime for which the inmate was sentenced and other
7factors in mitigation or aggravation of the crime.
8(b) The board shall establish criteria for determining whether
9an inmate is suitable for parole. The board shall establish criteria
10for an inmate’s base term of incarceration, as adjusted by applicable
11enhancements or credits, that shall be relevant but not dispositive
12of whether an inmate is suitable for
parole.
13(c) The board has the discretion to determine the suitability for
14parole of any inmate who is eligible for parole, giving paramount
15consideration to public safety. An inmate who is found suitable
16for parole shall be paroled regardless of whether the base term of
17incarceration, as adjusted, has expired, subject to the minimum
18term provisions in Section 3046, as applicable, and to the review
19provisions in subdivision (c), and Sections 3041.1 and 3041.2, and
20subdivision (b) of Section 8 of Article V of the California
21Constitution. This section does not affect the Governor’s
22independent authority to review, under Sections 3041.1 and 3041.2
23and under subdivision (b) of Section 8 of Article V of the California
24Constitution, a parole decision by the board.
25(d)
begin insert(a)end insertbegin insert end insertbegin insert(1)end insert In the case of any inmate sentenced pursuant to
27any law, other than Chapter 4.5 (commencing with Section 1170)
28of Title 7 of Part 2, the Board of Parole Hearings shall meet with
29each inmate during the sixth year prior to the inmate’s minimum
P4 1eligible parole release date for the purposes of reviewing and
2documenting the inmate’s activities and conduct pertinent to both
3parole eligibility and to the granting or withholding of
4postconviction credit. During this consultation, the board shall
5provide the inmate information about the
parole hearing process,
6legal factors relevant to his or her suitability or unsuitability for
7parole, and individualized recommendations for the inmate
8regarding his or her work assignments, rehabilitative programs,
9and institutional behavior. Within 30 days following the
10consultation, the board shall issue its positive and negative findings
11and recommendations to the inmate in writing.
12(2) The board shall establish criteria for the setting of parole
13release dates and in doing so shall consider:
14(A) The gravity and magnitude of the offense with respect to the
15threat to the public.
16(B) The number of victims of the crime for which the inmate
17was sentenced and other factors in mitigation or
aggravation of
18the crime.
19(C) The abstract of judgment.
end insert20(e)
end delete
21begin insert(3)end insert One year prior to the inmate’s minimum eligible parole
22release date a panel of two or more commissioners or deputy
23commissioners shall again meet with the inmatebegin insert, shall, except as
24provided in subdivision (b), normally set a parole release date as
25provided in Section 3041.5,end insert and shall
in every case establish the
26inmate’s base term of incarceration by applying thebegin delete applicable
27factors set out in the board’s regulations and guidelines. The board
28shall adopt prior determinations and findings of the sentencing
29court in establishing the base term of incarceration. The base term
30of incarceration shall be set in a manner that will, to the greatest
31extent possible, provide proportionate and uniform terms for
32offenses of similar gravity and magnitude with respect to their
33threat to the public, and that will comply with the sentencing rules
34that the Judicial Council may issue, and with any sentencing
35information relevant to the setting of the base term of incarceration.
36The board shall also establish the inmate’s adjusted base term of
37incarceration by applying any adjustments to the base term of
38incarceration based on the inmate’s incarceration history. The
39board shall
normally set a release date at the inmate’s initial parole
P5 1hearing, as provided in Section 3014.5, but is not required to set
2a parole date in every case.end delete
3(f)
end delete
4begin insert(4)end insert No more than one member of the panel shall be a deputy
5commissioner. In the event of a tie vote, the matter shall be referred
6for an en banc review of the record that was before
the panel that
7rendered the tie vote. Upon en banc review, the board shall vote
8to either grant or deny parole and render a statement of decision.
9The en banc review shall be conducted pursuant to subdivisionbegin delete(l)end delete
10begin insert (g)end insert.
11(g)
end delete
12begin insert(5)end insert At least one commissioner of the panel shall have been
13present at the last preceding meeting, unless it is not feasible to
14do so or where the last preceding meeting was the initial meeting.
15Any
person on the hearing panel may request review of any
16decision regarding parole for an en banc hearing by the board. In
17case of a review, a majority vote in favor of parole by the board
18members participating in an en banc review is required to grant
19parole to any inmate.
20(h)
end delete
21begin insert(b)end insert The panel or the board, sitting en banc, shall set a release
22date unless it determines that the gravity of the current convicted
23offense or offenses, or the timing and gravity of current or past
24convicted offense or offenses, is such that consideration of the
25public safety requires abegin insert
more lengthyend insert period of incarcerationbegin delete26 beyond
the base termend delete
begin delete as adjusted,end delete and that a
27parole date, therefore, cannot be fixed at this meeting.
28(i)
end delete
29begin insert(c)end insert After July 31, 2001, any decision of the parole panel finding
30an inmate suitable for parole shall become final within 120 days
31of the date of the hearing. During that period, the board may review
32the panel’s decision. The panel’s decision shall become final
33pursuant to this subdivision unless the board finds that the panel
34made an error of law, or that the panel’s decision was based on an
35
error of fact, or that new information should be presented to the
36board, any of which when corrected or considered by the board
37has a substantial likelihood of resulting in a substantially different
38decision upon a rehearing. In making this determination, the board
39shall consult with the commissioners who conducted the parole
40consideration hearing. A decision of the parole panel shall not be
P6 1disapproved and referred for rehearing by the board except by a
2majority vote of the commissionersbegin insert reviewing the decisionend insert, sitting
3en banc, following a public meeting.
4(d) An inmate found suitable for parole shall be paroled subject
5to subdivision (b) and Sections 3041.1 and 3042.2, as
applicable.
6(j)
end delete
7begin insert(e)end insert For the purpose of reviewing the suitability for parole of
8those inmates eligible for parole under prior law at a date earlier
9than that calculated under Section 1170.2, the board shall appoint
10panels of at least two persons to meet annually with each inmate
11until the time the person is released pursuant to proceedings or
12reaches the expiration of his or her term as calculated under Section
131170.2.
14(k)
end delete
15begin insert(f)end insert It is the intent of the Legislature that, during times when
16there is no backlog of inmates awaiting parole hearings, life parole
17consideration hearings, or life rescission hearings, hearings will
18be conducted by a panel of three or more members, the majority
19of whom shall be commissioners. The board shall report monthly
20on the number of cases where an inmate has not received a
21completed initial or subsequent parole consideration hearing within
2230 days of the hearing date required by subdivision (a) of Section
233041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless
24the inmate has waived the right to those timeframes. That report
25shall be considered the backlog of cases for purposes of this
26section, and shall include information on the
progress toward
27eliminating the backlog, and on the number of inmates who have
28waived their right to the above timeframes. The report shall be
29made public at a regularly scheduled meeting of the board and a
30written report shall be made available to the public and transmitted
31to the Legislature quarterly.
32(l)
end delete
33begin insert(g)end insert For purposes of this section, an en banc review by the board
34means a review conducted by a majority of commissioners holding
35office on the date the matter is heard by the board. An en banc
36review shall be conducted in compliance with the following:
37(1) The commissioners conducting the review shall consider
38the entire record of the hearing that resulted in the tie vote.
39(2) The review shall be limited to the record of the hearing. The
40record shall consist of the transcript or audiotape of the hearing,
P7 1written or electronically recorded statements actually considered
2by the panel that produced the tie vote, and any other material
3actually considered by the panel. New evidence or comments shall
4not be considered in the en banc proceeding.
5(3) The board shall separately state reasons for its decision to
6grant or deny parole. The board’s stated reasons shall demonstrate,
7on the record, an individualized consideration of all relevant
8factors. In the case of an inmate who has
served beyond his or her
9base term of incarceration,begin delete as adjusted,end delete
a decision by the board to
10deny parole shall be supported by substantial evidence and with
11respect to the entire record.
12(4) A commissioner who was involved in the tie vote shall be
13recused from consideration of the matter in the en banc review.
14(m)
end delete
15begin insert(h)end insert (1) The board shall collect and maintain statistics that show,
16annually, the number of inmates in state prison who are serving a
17term in excess of their base term of incarceration, as adjusted by
18applicable enhancements or credits, and the percentage of
all cases
19decided each year in which the board, in a final decision, by a
20panel or the board sitting en banc, has declined to find an inmate
21suitable for parole, despite the fact that the inmate has served a
22sentence beyond the base term of incarceration, as adjusted by
23applicable enhancements or credits.
24(2) The board shall submit a report to the Legislature detailing
25the information collected pursuant to paragraph (1) and shall submit
26the report on or before January 1, 2016, and annually thereafter,
27notwithstanding Section 10231.5 of the Government Code.
28(3) The report required by this subdivision shall be submitted
29pursuant to Section 9795 of the Government Code.
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