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AB-1210 Board of Parole Hearings: commissioners.(2021-2022)

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Date Published: 06/15/2021 09:00 PM
AB1210:v96#DOCUMENT

Amended  IN  Senate  June 15, 2021
Amended  IN  Senate  June 09, 2021
Amended  IN  Assembly  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1210


Introduced by Assembly Members Ting and Akilah Weber

February 19, 2021


An act to amend Section 5075 of the Penal Code, relating to parole.


LEGISLATIVE COUNSEL'S DIGEST


AB 1210, as amended, Ting. Board of Parole Hearings: commissioners.
Existing law establishes the Board of Parole Hearings, which is composed of 17 commissioners appointed by the Governor, and subject to Senate confirmation, for staggered 3-year terms. Existing law requires the commissioners to reflect as nearly as possible a cross-section of the racial, sexual, economic, and geographic features of the population of the state.
This bill would increase the membership of the board to 21 commissioners and would prescribe the initial terms for the 4 new members. The bill would require the commissioners to reflect as nearly as possible a cross-section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state. The bill, commencing July 1, 2022, would require that at least 4 of the 21 17 commissioners meet at least one of specified criteria, including being a medical doctor with experience working with geriatric patients or a drug treatment counselor, among others, and would require, commencing July 1, 2024, that at least 60% of the commissioners meet at least one of those criteria.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 5075 of the Penal Code is amended to read:

5075.
 (a) There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of Parole Hearings. As of July 1, 2005, the Board of Prison Terms is abolished.
(b) (1) The Governor shall appoint 21 17 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Except as specified in paragraph (2), commissioners Commissioners shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. An appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment.

(2)The term for two of the commissioners whose positions were created by the act that added this paragraph shall be for one year and shall begin on July 1, 2022. The term for one of the commissioners whose position was created by the act that added this paragraph shall be for two years and shall begin on July 1, 2022. The term for one of the commissioners whose position was created by the act that added this paragraph shall be for three years and shall begin on July 1, 2022. The terms of office subsequent to those described in this paragraph shall be governed by paragraph (1).

(3)Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the

(2) The terms of the commissioners shall expire as follows:
(A) Seven Six shall expire on July 1, 2023. 2022.
(B) Seven Five shall expire on July 1, 2024. 2023.
(C) Seven Six shall expire on July 1, 2025. 2024.

(4)

(3) The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross-section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state.

(5)

(4) (A) Commencing July 1, 2022, at least four of the commissioners shall meet at least one of the following criteria:
(i) A medical doctor with experience working with geriatric patients.
(ii) A psychologist or psychiatrist who has experience working in childhood trauma.
(iii) A social worker who has worked with individuals who have been incarcerated or with individuals whose family members have been incarcerated.
(iv) A drug treatment counselor.
(v) A person who has worked for a nonprofit organization that provides community-based reentry services or handles community-based risk assessment issues.
(vi) An attorney who has represented individuals facing deportation by the federal immigration authorities.
(vii) A peer counselor who has extensive experience working with individuals who are either transgender or gender nonconforming.
(viii) A person who has been released from a life sentence in prison following a parole hearing.
(B) Commencing July 1, 2024, at least 60 percent of the commissioners shall meet at least one of the criteria specified in subparagraph (A).
(c) The chair of the board shall be designated by the Governor periodically. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The secretary shall be the appointing authority for all civil service positions of employment with the board.
(d) Each commissioner shall participate in hearings on each workday, except if it is necessary for a commissioner to attend training, en banc hearings or full board meetings, or other administrative business requiring the participation of the commissioner. For purposes of this subdivision, these hearings include parole consideration hearings and parole rescission hearings.