BILL NUMBER: SB 128 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 1999
AMENDED IN SENATE MAY 19, 1999
AMENDED IN SENATE APRIL 26, 1999
AMENDED IN SENATE MARCH 4, 1999
INTRODUCED BY Senator Polanco
(Coauthor: Assembly Member Migden)
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 to 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 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 additionally
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. The Legislature finds and declares as follows:
(a) The primary purpose of the Department of Corrections and the
state prison system is to promote and enhance public safety.
(b) Providing inmates early advice and direction regarding how
each of them can best prepare themselves for living safely upon
parole will greatly diminish the probability that they will
revictimize the public once released.
SEC. 2. 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. 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. In the case of an inmate who
has already had the meeting required by this section, the board
shall prepare an inmate performance plan at the next regularly
scheduled parole hearing or other meeting set for that 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, victim offender awareness programs, or other activities that
are relevant to the inmate's personal and criminal history. The
plan may emphasize the importance of offender accountability, victim
restitution, and 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 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. 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 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.
SEC. 2. 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 postconviction credit.
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.
In the case of an inmate who has already had the meeting required by
this section, the board shall prepare an inmate performance plan at
the next regularly scheduled parole hearing or other meeting set for
that 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, victim offender awareness
programs, or other activities that are relevant to the inmate's
personal and criminal history. The plan may emphasize the importance
of offender accountability, victim restitution, and 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 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 for parole, 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 If a
review is requested , 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
if the board finds that the inmate is making satisfactory
progress on his or her inmate performance plan, 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.
The determination of suitability for parole 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
such prisoner until such time as of those prisoners
until the time 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.
SEC. 3. It is not the intent of the Legislature, in enacting the
amendments in Section 2 of this act, to require any additional
hearings for an inmate, or to require any additional personnel than
are already assigned to perform the hearings. Rather, it is the
intent of the Legislature that those inmate performance plans be one
additional requirement in the process that is already occurring to
evaluate an inmate's suitability for parole.