Incarcerated persons: release and parole.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes how the Board of Parole Hearings reviews decisions about releasing incarcerated individuals, particularly those serving indeterminate sentences or whose parole has been revoked. Instead of the current process, which involves multiple reviews and potential gubernatorial intervention, the bill requires the board to make a final decision unless there’s an error of law or fact, or new information emerges that significantly alters the outcome. It also mandates that the votes of board commissioners in en banc reviews be made public and requires the board to thoroughly assess the justification for a gubernatorial request to review a parole decision. Furthermore, the bill clarifies the process for evaluating incarcerated individuals for potential sexually violent predator status, including referrals from the Department of Corrections and Rehabilitation.
Key provisions
- Requires the Board of Parole Hearings to make final decisions on parole unless there’s an error of law or fact or new information substantially alters the decision.
- Mandates that the votes of commissioners in en banc reviews be a public record.
- Requires the board to address the Governor’s reasons for requesting a parole review.
- Authorizes the Board of Parole Hearings Executive Officer to refer individuals for evaluation as sexually violent predators.
- Requires the board to determine if a panel’s decision is supported by substantial evidence.
- Requires the board to vote to affirm a proposed decision, order a new hearing, rescind the decision, or set the parole decision for a rescission hearing based on new information.
- Clarifies the process for evaluating incarcerated individuals for sexually violent predator status, including referrals and evaluation protocols.
Bill text
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Sponsors
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1 on record
Primary sponsor
Committee on Public Safety
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