BILL NUMBER: SB 128	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Polanco

                        DECEMBER 22, 1998

   An act to amend Section 3041 of the Penal Code, relating to
imprisonment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 128, as introduced, Polanco.  Prisoners.
   Existing law provides that, for persons sentenced to terms of
imprisonment other than under the determinate sentencing law, one
year prior to the inmate's minimum eligible parole release date, a
panel of the Board of Prison Terms shall meet with each inmate and
normally set a parole release date.
   This bill would provide that in the case of a first-time offender
who was convicted of only one crime, the panel or board shall not
deny the offender a release date based solely on the gravity of the
offense if he or she has served the minimum mandatory term, as
prescribed by the court, and he or she can show exemplary performance
in prison.
   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 of the Penal Code is amended to read:
   3041.  (a) In the case of any prisoner sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Prison Terms shall meet with
each  such inmate   of those inmates 
during the third year of incarceration for the purposes of reviewing
the inmate's file, making recommendations, and documenting activities
and conduct pertinent to granting or withholding post-conviction
credit.  One year prior to the inmate's minimum eligible parole
release date a panel consisting of at least two commissioners of the
Board of Prison Terms shall again meet with the inmate and shall
normally set a parole release date as provided in Section 3041.5.
The release date shall be set in a manner that will provide uniform
terms for offenses of similar gravity and magnitude in respect to
their threat to the public, and that will comply with the sentencing
rules that the Judicial Council may issue and any sentencing
information relevant to the setting of parole release dates.  The
board shall establish criteria for the setting of parole release
dates and in doing so shall consider the number of victims of the
crime for which the prisoner was sentenced and other factors in
mitigation or aggravation of the crime.  At least one commissioner of
the panel shall have been present at the last preceding meeting,
unless it is not feasible to do so or where the last preceding
meeting was the initial meeting.  Any person on the hearing panel may
request  review of any decision regarding parole to the full board
for an en banc hearing.  In case of such a review, a majority vote of
the full Board of Prison Terms in favor of parole is required to
grant parole to any prisoner.
   (b) The panel or board shall set a release date unless it
determines that the gravity of the current convicted offense or
offenses, or the timing and gravity of current or past convicted
offense or offenses, is such that consideration of the public safety
requires a more lengthy period of incarceration for this individual,
and that a parole date, therefore, cannot be fixed at this meeting.
 In the case of a first-time offender who was convicted of only
one crime, the panel or board shall not deny the offender a release
date based solely on the gravity of the offense if he or she has
served the minimum mandatory term, as prescribed by the court, and he
or she can show exemplary performance in prison.  As used in this
subdivision, "exemplary performance" includes lack of disciplinary
violations, increasing one's education level or job skills, and
participating in appropriate programming, as designated by the board
or department. 
   (c) For the purpose of reviewing the suitability for parole of
those prisoners eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each 
such prisoner   of those prisoners  until 
such   the  time  as   that
 the person is released pursuant to  such  
those  proceedings or reaches the expiration of his  or her
 term as calculated under Section 1170.2.