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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.

This bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief, as specified. The bill would authorize the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others, as specified.