MEASURE :  A.B. No. 280
AUTHOR(S) :  Maldonado.
TOPIC :  Imprisonment: parole hearings.
HOUSE LOCATION :  ASM

TYPE OF BILL :
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  02/14/2003
LAST HIST. ACTION   :  Referred to Com. on  PUB. S.
COMM. LOCATION :  ASM PUBLIC SAFETY

TITLE :  An act to amend Section 3041.5 of the Penal Code,
 relating to parole hearings.

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 5, 2003

   An act to amend Section 3041.5 of the Penal Code, relating to
parole hearings.
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   AB 280, as introduced, Maldonado.  Imprisonment: parole hearings.
   Existing law requires the Board of Prison Terms to review a
prisoner's parole suitability after the prisoner has been
incarcerated for a certain period.  Existing law provides for annual
reviews thereafter, except in specified instances.
   This bill would provide that, if the board does not set a parole
date for a prisoner at its initial parole review meeting, subsequent
reviews may take place no more frequently than every 5 years
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 1.  Section 3041.5 of the Penal Code is amended to read:
   3041.5.  (a) At all hearings for the purpose of reviewing a
prisoner's parole suitability, or the setting, postponing, or
rescinding of parole dates, the following shall apply:
   (1) At least 10 days prior to any hearing by the Board of Prison
Terms, the prisoner shall be permitted to review  his or her
  the  file which   regarding
his or her case that  will be examined by the board  ,
and shall have the opportunity to enter a written response to any
material contained in the file.
   (2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf.
   (3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections shall be
present to insure that all facts relevant to the decision be
presented, including, if necessary, contradictory assertions as to
matters of fact that have not been resolved by departmental or other
procedures.
   (4) The prisoner shall be permitted to request and receive a
stenographic record of all proceedings.
   (5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
   (b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole  date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
   (2) Within 20 days following any meeting where a parole date has
not been set for the reasons stated in subdivision (b) of Section
3041, the board shall send the prisoner a written statement setting
forth the reason or reasons for refusal to set a parole date, and
suggest activities in which he or she might participate that will
benefit him or her while he or she is incarcerated.
   The board shall hear each case  annually   no
more frequently than every five years  thereafter  ,
except the board may schedule the next hearing no later than the
following:
   (A) Two years after any hearing at which parole is denied if the
board finds that it is not reasonable to expect that parole would be
granted at a hearing during the following year and states the bases
for the finding.
   (B) Up to five years after any hearing at which parole is denied
if the prisoner has been convicted of murder, and the board finds
that it is not reasonable to expect that parole would be granted at a
hearing during the following years and states the bases for the
finding in writing.  If the board defers a hearing five years, the
prisoner's central file shall be reviewed by a deputy commissioner
within three years at which time the deputy commissioner may direct
that a hearing be held within one year.  The prisoner shall be
notified in writing of the deputy commissioner's decision.  The board
shall adopt procedures that relate to the criteria for setting the
hearing between two and five years  .
   (3) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
   (4) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing within 12
months and in accordance with paragraph (2).