Section 3042 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
3042
. (a) At least 30 days before the Board of Parole Hearings
meets to review or consider the parole suitability of any inmate
sentenced to a life sentence, the board shall send written notice
thereof to each of the following persons: the judge of the superior
court before whom the inmate was tried and convicted, the attorney
who represented the defendant at trial, the district attorney of the
county in which the offense was committed, the law enforcement agency
that investigated the case, and where the inmate was convicted of
the murder of a peace officer, the law enforcement agency which had
employed that peace officer at the time of the murder.
(b) The Board of Parole Hearings shall record all those hearings
and transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Parole Hearings and shall be made available to the public no later
than 30 days from the date of the hearing. No inmate shall actually
be released on parole before 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) (1) The written notice to the judge of the superior court
before whom the inmate was tried and convicted shall be sent by
United States mail.
(2) The judge receiving this written notice may forward to the
board any unprivileged information from the trial or sentencing
proceeding regarding the inmate, witnesses, or victims, or other
relevant persons, or any other information, that is pertinent to the
question of whether the board should grant parole or under what
conditions parole should be granted. The judge may also, in his or
her discretion, include information given to him or her by victims,
witnesses, or other persons that bear on the question of the inmate's
suitability for parole.
(3) The board shall review and consider all information received
from the judge or any other person and shall consider adjusting the
conditions of parole to reflect the comments or concerns raised by
this information, as appropriate.
(f) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the board for consideration under any other law.
(g) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing for a person sentenced to a life sentence under
this section, may forward that information either by facsimile or
electronic mail. The Department of Corrections and Rehabilitation
shall establish procedures for receiving the information by facsimile
or electronic mail pursuant to this subdivision.