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AB-1846 Parole hearings: victim attorneys.(2021-2022)

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Date Published: 03/10/2022 09:00 PM
AB1846:v98#DOCUMENT

Amended  IN  Assembly  March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1846

Introduced by Assembly Member Valladares

February 08, 2022

An act to add Section 3043.4 to the Penal Code, relating to parole.


LEGISLATIVE COUNSEL'S DIGEST


AB 1846, as amended, Valladares. Parole hearings: victim attorneys.
Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victim’s next of kin, the victim’s family members, or two representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.
This bill would require the board, upon appropriation by the Legislature, to establish a program to provide a victim of a crime, the victim’s next of kin, or a member of the victim’s family, who has the right to appear at a parole suitability hearing, with compensation for reasonable actual attorney’s fees and costs if the person wishes to have an attorney represent them at the hearing and the district attorney’s office, or the Attorney General’s office, that prosecuted the case will not have a designated representative at the hearing, as specified. The bill would require the board to limit reimbursement to only one attorney per victim per hearing, as specified, and would require the board to limit reimbursement to $5,000 $900 per victim per hearing. The bill would require the district attorney’s office, or the Attorney General’s office, that prosecuted the case to provide reasonable notice to the board and to the crime victim, victim’s next of kin, or members of the victim’s family that they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3043.4 is added to the Penal Code, to read:

3043.4.
 (a) Upon appropriation by the Legislature, the Board of Parole Hearings shall establish a program to provide a victim of a crime, the victim’s next of kin, or a member of a victim’s family, who has the right to appear in person or by remote testimony at a parole suitability hearing, with compensation for reasonable actual attorney’s fees and costs if all of the following conditions are met:
(1) The person wishes to have an attorney represent them at the hearing. hearing, pursuant to subdivision (b) of Section 3043.
(2) The district attorney’s office, or the Attorney General’s office, that prosecuted the inmate’s case will not have a designated representative at the parole hearing, and neither the Attorney General’s office nor any other district attorney’s office is appearing on their behalf.
(b) (1) In establishing the program described in subdivision (a), the board shall reimburse the fees and costs after the hearing. The person, in applying for compensation, shall provide the board with a current mailing address for mailing of payments and materials. The board shall also require the person applying for compensation to provide to the board a copy of the attorney’s billing records.
(2) If an inmate stipulates to unsuitability for parole and a parole hearing is canceled after the attorney for the person had begun preparation for the hearing, the person shall be entitled to compensation for the reasonable cost of any work performed by the attorney in preparation for the parole hearing prior to receiving actual notice that the hearing had been canceled.
(3) Reimbursement pursuant to this section shall not exceed five thousand dollars ($5,000) nine hundred dollars ($900) per victim per scheduled parole hearing.
(c) The board may provide that reimbursement pursuant to this section is limited to the reasonable actual costs of one attorney per victim per parole hearing. In cases where the victim is deceased, the victim’s next of kin shall have priority for reimbursement over the victim’s family.

(d)If the victim, the victim’s next of kin, or a member of the victim’s family did not receive notice that the prosecuting district attorney’s office would not be sending a representative to the parole hearing, that person may ask the board to postpone the hearing in order to permit the person to either hire an attorney or, if one was already hired, additional time to prepare. Upon a request from the person pursuant to this subdivision, the board shall postpone the hearing for 30 days.

(e)If the prosecuting district attorney’s office does not send a representative, the attorney representing the victim, the victim’s next of kin, or a member of the victim’s family shall have standing to present arguments and to offer rebuttal arguments relating to the severity and facts of the inmate’s crime, the risk to public safety presented by the release of the inmate, and the inmate’s lack of rehabilitation, including any arguments available under existing law regarding the impact of the inmate’s crime on the victim pursuant to Section 28 of Article I of the California Constitution and any other statutory or case law regarding victims’ rights. Nothing in this section is intended to preclude the person’s attorney from making any arguments permitted pursuant to existing law, including in situations where the district attorney sends a representative to the parole hearing.

(f)

(d) (1) This section applies whether a county district attorney has a general policy of not sending representatives to parole suitability hearings or if the district attorney decides whether to send representatives on a case-by-case basis.
(2) The district attorney’s office, or the Attorney General’s office, that prosecuted the case shall provide reasonable notice to the board and to the crime victim, victim’s next of kin, or members of the victim’s family that they will not be sending a representative to a parole hearing if the office does not have a general policy on not sending a representative.

(g)If the prosecuting district attorney’s office does not intend to send a representative to the parole hearing, the victim, the victim’s next of kin, or the member of the victim’s family, and their attorney, shall receive a copy of all court and prison records that the Department of Corrections and Rehabilitation would otherwise send to the district attorney’s office.

(h)Nothing in this section precludes a victim, the victim’s next of kin, or a member of the victim’s family from speaking personally at the parole hearing in addition to arguments and rebuttal arguments made by their attorney.

(i)

(e) The board shall promulgate rules and regulations to implement this section.

(j)

(f) For the purposes of this section, “parole suitability hearing” includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.