BILL NUMBER: SB 128 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 4, 1999
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 amended, Polanco. Prisoners.
Existing law provides that, for persons sentenced to terms of
imprisonment other than under the determinate sentencing law,
the Board of Prison Terms shall meet with the inmate during the 3rd
year of incarceration to review the inmate's file, and to make
recommendations.
This bill would require the board to discuss with the inmate what
the subsequent process will be for determining the inmate's
eligibility for parole, and prepare an inmate performance plan for
the inmate.
Existing law provides that 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.
This bill would instead require the panel to review the inmate's
suitability for parole, based upon the inmate's performance plan.
The bill would provide that if the board determines that an inmate is
not suitable for parole, it shall state in writing specifically why
the inmate is being denied parole.
Existing law requires the panel or board to set a release date
unless it makes certain determinations.
This bill would instead provide that the board shall set a release
date if the board finds that the inmate is making satisfactory
progress on his or her inmate performance plan, unless the board
makes certain findings. The bill would require the board to specify
in writing the reasons for its determination.
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 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 postconviction credit. One
Specifically, the board shall discuss with the inmate what the
subsequent process will be for determining the inmate's eligibility
for parole, including the timeline and procedures of parole
eligibility hearings, what the inmate's minimum eligible release date
is and the significance of it, and what factors are important in
finding an inmate eligible for parole. At that meeting, the board
shall discuss and prepare an inmate performance plan for the inmate.
The inmate performance plan shall consist of specific requirements
that the board determines the inmate must meet in order to be
eligible for parole. These requirements may include participation in
educational classes, job skills training, substance abuse classes,
life skills classes, or other activities that are relevant to the
inmate's personal and criminal history. The plan may emphasize the
importance of remaining free of discipline problems, including
abstention from involvement with prison gangs or other activities
that lead to rules violations. The requirements shall be realistic,
achievable, and relevant to that inmate.
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
review the inmate's suitability for parole, based upon
the inmate's performance plan, according to the procedures provided
in Section 3041.5. In the course of the review, the board shall
consider setting a date that reflects 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 If the board determines that
an inmate is not suitable for parole, it shall state in writing
specifically why the inmate is being denied parole, and what he or
she must do to become suitable, consistent with his or her inmate
performance plan . 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.
(b) The board shall set a release date if the board finds that the
inmate is making satisfactory progress on his or her inmate
performance plan, unless the board finds that the inmate's release
would pose an unreasonable risk of danger to society, create a
substantial risk that the inmate will not conform to a condition or
conditions of parole, or depreciate the seriousness of the offense
for which the inmate was convicted and promote disrespect of the law.
The determination of suitability shall be based on the record as a
whole, including any performance or psychological evaluations
included in the inmate's file. The board shall specify in writing
the reasons for its determination.
(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 of those
prisoners until the time that the person is released pursuant to
those proceedings or reaches the expiration of his or her term as
calculated under Section 1170.2.