Bill Text


Bill PDF |Add To My Favorites | print page

AB-89 Parole hearings: attorney notice.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 02/15/2023 09:00 PM
AB89:v98#DOCUMENT

Amended  IN  Assembly  February 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 89


Introduced by Assembly Member Sanchez

January 04, 2023


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


LEGISLATIVE COUNSEL'S DIGEST


AB 89, as amended, Sanchez. Parole hearings: attorney notice.
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 2 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 district attorney’s office or the Attorney General’s office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victim’s next of kin, or members of the victim’s family if 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) The district attorney’s office or the Attorney General’s office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victim’s next of kin, or members of the victim’s family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.
(b) 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.
(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorney’s office or the Attorney General’s failure to provide notice pursuant to this section.

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.