Section 3044 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
3044
. (a) Notwithstanding any other law, the Board of Parole
Hearings or its successor in interest shall be the state's parole
authority and shall be responsible for protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.
(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.