Section 3041 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
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
suitability or unsuitability for parole, and individualized
recommendations for the inmate regarding his or her 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 minimum eligible parole date as
set pursuant to Section 3046 unless the inmate is eligible for
earlier release pursuant to his or her youth offender parole
eligibility 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 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.