AB 2342

AB2342:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2342

An act to amend Section 3041.2 of 11126 of the Government Code, and to amend Sections 3041, 3041.2, and 3041.5 of, and to add Section 3041.9 to, the Penal Code, relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

AB 2342, as amended, Hoover. Parole.

The California Constitution authorizes the Governor to affirm, modify, or reverse the decision of the Board of Parole Hearings with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder. Existing law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code.

This bill would additionally authorize the Governor to reverse or modify the decision of the board to grant parole to an inmate sentenced for conviction of a violent felony to an indeterminate prison term, as specified, or to a determinate prison term, as specified, if the board’s decision is to grant the inmate parole pursuant to the Elderly Parole Program or youth offender parole program.

Existing law requires the Board of Parole Hearings to meet with each indeterminately sentenced inmate during the 6th year before the inmate’s minimum eligible parole date for the purpose of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. One year before the inmate’s eligible parole date, existing law requires a panel of the board to meet with the inmate and to grant parole unless the panel or board sitting en banc determines that the gravity of the current convicted offense, or the timing and gravity of current or past convicted offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for the inmate.Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law authorizes certain state bodies to hold closed session meetings for certain purposes, including allowing a state body to hold a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case.This bill would require the board to provide an annual report to the Legislature, and publish that report on its internet website, detailing, among other things, the voting record of commissioners, as specified, and whether the prosecuting agency appeared at the parole hearing. The bill would also require recording of parole, en banc, and rescission hearings to be recorded and transcribed, and the recording retained indefinitely by the board. The bill would prohibit an en banc review conducted by the board from being held in a closed session.Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, requires the board, following a decision denying parole, to schedule the next hearing 3, 5, 7, 10, or 15 years from the date of the last hearing, as specified. Existing law also authorizes the board, in its discretion and after considering the views and interests of the victim, to advance a hearing to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require additional incarceration. Existing law authorizes an inmate, every 3 years, to request that the board exercise its discretion to advance a hearing and provides the procedure for an inmate to make that request.This bill would require the Board of Parole Hearings, in determining suitability for parole, to consider specified information and give substantial weight to the nature and circumstances of the commitment offense that includes, among other things, the degree of violence involved and the vulnerability of the victim. The bill would change the length of time between requests to advance to 5 years and would also change the inmate’s burden to require the inmate to show that there has been a material and substantial change in circumstances or new information. The bill would require the board to provide notice of a request to advance to the prosecuting agency and registered victim, and would authorize the board to summarily deny a request to advance in certain circumstances, including when the request is duplicative or repetitive or fails to include sufficient documentation or explanation. The bill would require the board to set a hearing, following a decision denying parole, at 5 years if the inmate is serving a term of conviction for, among other things, murder involving a victim 14 years of age or younger, or various sexual offenses involving a victim 14 years of age or younger. The bill would require that the board deny a request to advance for an individual serving a term for those offenses, unless the request demonstrates clear and convincing evidence of a material and substantial change in circumstances.

These provisions would become operative only if Assembly Constitutional Amendment ____ of the 2025–26 Regular Session Session, amending Section 8 of Article V of the Constitution, is approved by the voters at the November 3, 2026, statewide election.

The bill would make related findings and declarations and would declare that its provisions are severable.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) The people of the State of California, through the adoption of Marsy’s Law, declared that public safety and the rights of victims of crime, including in parole determinations, are paramount in the criminal justice system.(b) Marsy’s Law guarantees victims the right to be heard at parole hearings, the right to reasonable notice of those hearings, and the right to finality in criminal proceedings.(c) Parole statutes shall be interpreted and applied in a manner that fully effectuates these constitutional rights.(d) The nature and circumstances of the commitment offense are critical indicators of current dangerousness and shall be given substantial weight.(e) Repeated parole hearings and petitions to advance hearings, absent meaningful change, undermine victim rights and impose significant emotional burdens.(f) It is the intent of the Legislature to clarify and strengthen parole law consistent with victim rights and public safety.(g) This act implements and furthers Marsy’s Law and does not diminish victim rights.

SEC. 2.

Section 11126 of the Government Code is amended to read:

11126.

(a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.

(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.

(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.

(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.

(b) For the purposes of this section, “employee” does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.

(c) Nothing in this article shall be construed to do any of the following:

(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.

(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicant’s qualifications for licensure and an inquiry specifically related to the state body’s enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.

(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.

(4) Grant (A) Except as provided in subparagraph (B), granta right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.

(B) An en banc review conducted by the Board of Parole Hearings pursuant to subdivision (e) of Section 3041 of the Penal Code shall not be held in a closed session.

(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.

(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.

(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.

(C) For purposes of this paragraph, the negotiator may be a member of the state body.

(D) For purposes of this paragraph, “lease” includes renewal or renegotiation of a lease.

(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).

(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.

(9) Prevent the Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Bureau for Private Postsecondary Education.

(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.

(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.

(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.

(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.

(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.

(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.

(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.

(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.

(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.

(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.

(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.

(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.

(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicant’s qualifications for certification.

(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.

(B) This paragraph shall become inoperative on January 1, 2028.

(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.

(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.

(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.

(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authority’s public notice list or by posting on the California Earthquake Authority’s website, before reconvening in open session pursuant to subparagraph (C).

(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commission’s jurisdiction are changed shall be open and public.

(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.

(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.

(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:

(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.

(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.

(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).

(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.

(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.

(4) For purposes of this subdivision, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.

(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:

(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.

(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.

(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicant’s qualifications.

(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.

(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.

(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.

(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:

(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.

(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.

(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.

(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.

(g) This article does not prevent either of the following:

(1) The Teachers’ Retirement Board or the Board of Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers’ Retirement System or the Public Employees’ Retirement System.

(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.

(h) This article does not prevent the Board of Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5.

(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.

(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:

(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.

(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.

(3) To the extent that an internal audit containing proprietary information would be disclosed.

(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.

(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.

SEC. 3.

Section 3041 of the Penal Code is amended to read:

3041.

(a) (1) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmate’s minimum eligible parole date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.

(2) One year before the inmate’s minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.

(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).

(4) Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.

(5) 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 for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.

(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate 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.

(2) After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panel’s decision. The panel’s decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel’s decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.

(3) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.

(c) For the purpose of reviewing the suitability for parole of those inmates 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 inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.

(d) It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.

(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:

(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.

(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.

(3) The board shall separately state reasons for its decision to grant or deny parole.

(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.

(f) (1) In determining suitability for parole pursuant to subdivision (b), the panel or the board shall consider all relevant, reliable information available to the panel or the board and shall give substantial weight to the nature and circumstances of the commitment offense, including, but not limited to, all of the following:(A) The degree of violence involved.(B) The vulnerability of the victim.(C) Evidence of premeditation, deliberation, or callousness.(D) The extent of injury or harm inflicted.(E) The sentence imposed by the sentencing judge.(2) The panel or the board may determine that the aggravated nature of the commitment offense is sufficient, in and of itself, to support a finding that the inmate currently poses an unreasonable risk of danger to public safety.(3) This subdivision does not limit the consideration of any other relevant evidence bearing on the inmate’s suitability for parole.(4) In applying this section, the panel or the board shall ensure that public safety and the safety of victims are primary considerations, consistent with Section 28 of Article I of the California Constitution.

SECTION 1.SEC. 4.

Section 3041.2 of the Penal Code is amended to read:

3041.2.

(a) During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the board’s decision pursuant to subdivision (b) of Section 8 of Article V of the California Constitution, shall review materials provided by the board.

(b) The Governor may, pursuant to subdivision (b) of Section 8 of Article V of the California Constitution and subject to a consideration of the same factors which the parole authority is required to consider, reverse or modify the decision of the board to grant parole to an inmate convicted of a violent felony as defined in Section 667.5 under either of the following conditions:

(1) If the inmate is serving an indeterminate prison term, when the conviction is for one other than murder.

(2) If the inmate is serving a determinate prison term and has not completed that term, only if the board’s decision to grant the inmate parole is pursuant to Section 3051 or 3055.

(c) If the Governor decides to reverse or modify a parole decision of the board pursuant to subdivision (b) of Section 8 of Article V of the California Constitution, the Governor shall send a written statement to the inmate specifying the reasons for their decision.

SEC. 5.

Section 3041.5 of the Penal Code is amended to read:

3041.5.

(a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply:

(1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which 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 inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her their own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043.

(3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure 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 inmate and any person described in subdivision (b) of Section 3043 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 parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932.

(6) The Notwithstanding subparagraph (D) of paragraph (3) of subdivision (b), the board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole.

(b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must the inmate must meet in order to be released, and the consequences of failure to meet those conditions.

(2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she the inmate might participate that will benefit him or her them while he or she is they are incarcerated.

(3)The board shall schedule the next hearing, after considering the views and interests of the victim, as follows:

(3) After considering the views and interests of the victim and the safety of the public and the victim, the board shall schedule the next hearing as follows:

(A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years.

(B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years.

(C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years.

(D) Notwithstanding subparagraphs (A) to (C), inclusive, the board shall schedule the next hearing at least five years after a hearing at which parole is denied for an inmate serving a term of conviction for any of the following:(i) Section 187, if the victim was under 14 years of age.(ii) Section 187, if the crime involved multiple victims.(iii) Section 269.(iv) Subdivision (b) of Section 288.(v) Section 288.7.(vi) Paragraph (4) of subdivision (e) of Section 667.61.

(4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3).

(5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3).

(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041.

(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which that shall set forth the a material and substantial change in circumstances or new information that establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate.

(2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b).

(3) An inmate may make only one written request as provided in paragraph (1) during each three-year five-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year five-year period of time has elapsed from the summary denial or decision of the board.

(4) For purposes of this subdivision, “material and substantial change in circumstances” means a change that meets all of the following criteria:(A) The change was not known to, and could not reasonably have been known to, the board at the time of the inmate’s prior parole hearing or prior request to advance.(B) The change has a direct and demonstrable bearing on the inmate’s current risk to public safety.(C) The change is of such significance that it establishes a reasonable likelihood that consideration of public and victim safety no longer requires the additional period of incarceration.(5) A material and substantial change in circumstances shall not be based solely on any of the following:(A) Routine institutional compliance or the absence of disciplinary violations.(B) Participation in rehabilitative, educational, or vocational programming that was previously available to the inmate.(C) The mere passage of time.(D) Reassertion of facts, arguments, or circumstances previously considered by the board.(6) The board may summarily deny a request without a hearing if any of the following applies:(A) The request fails to demonstrate a material and substantial change in circumstances.(B) The request is repetitive or duplicative.(C) The request does not include sufficient supporting documentation or explanation.(7) (A) Upon receipt of a request pursuant to paragraph (1), the board shall do all of the following:(i) Provide notice to the prosecuting agency.(ii) Provide notice to any registered victim.(iii) Permit the prosecuting agency and any registered victim to submit written input within a reasonable period.(B) The registered victim or the prosecuting agency shall submit their input within 30 days of the date they receive notice.(C) For the purposes of this paragraph, “registered victim” means a person who has registered as a victim or victim’s next of kin with the Department of Corrections and Rehabilitation’s Office of Victim and Survivor Rights and Services.(8) The board shall issue a written decision explaining the basis for granting or denying the inmate’s request to advance a hearing.(9) For an inmate serving a prison term for an offense described in subparagraph (D) of paragraph (3) of subdivision (b), a request to advance a hearing shall not be granted absent clear and convincing evidence of a material and substantial change in circumstances.(10) This subdivision does not create a right to an advanced hearing absent compliance with this section.

SEC. 6.

Section 3041.9 is added to the Penal Code, to read:

3041.9. (a) The Board of Parole Hearings shall provide an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and publish that report on its internet website. That report shall include, but not be limited to, all of the following:(1) The rates of grants and denials of parole, aggregated by offense type.(2) Outcomes for parole eligible persons, aggregated by eligibility category, including elderly and youth offender parole.(3) The voting record of commissioners that includes all of the following:(A) Name of the inmate.(B) Commitment offense.(C) County of the commitment offense.(4) Whether the prosecuting agency appeared at the parole hearing.(b) All parole, en banc, and rescission hearings shall be recorded and transcribed.(c) Recordings of parole, en banc, and rescission hearings shall be retained indefinitely by the Board of Parole Hearings.

SEC. 7. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 2.SEC. 8.

This act shall become operative only if Assembly Constitutional Amendment ____ of the 2025–26 Regular Session Session, amending Section 8 of Article V of the Constitution, is approved by the voters at the November 3, 2026, statewide election.