SB 230

Page 1

Date of Hearing: July 8, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 230

Author:(Hancock) – As AmendedVer:March 24, 2015

Policy Committee: / Public Safety / Vote: / 4 - 1

Urgency: NoState Mandated Local Program: NoReimbursable: No

SUMMARY:

This bill allows inmates serving life sentences,who are found suitable for parole, to be paroled as specified. However, this bill authorizes the Governor to request a review of a decision by the board to grant or deny parole at any time before the inmate’s scheduled release.

FISCAL EFFECT:

Unknown potential savings to the California Department of Corrections (DCDR) for reduced incarceration periods. Assuming the annual contracted bed rate of $29,000 per inmate, the annual General Fund savings would be $29,000 per each additional year not served by an inmate paroled timely.

COMMENTS:

1)Purpose. According to the author, "SB 230 is the Responsible Parole Act. It ensures that once the Board of Parole Hearings determines that an inmate is eligible, suitable, and safe for parole, the implementation of that decision is expedited."
“Currently, it is possible for an inmate to be found suitable and safe for parole by the Board but still have their parole date delayed by significant time, often years. This is because the current system of sentencing enhancements can add time for charges that the inmate was never convicted of, or factual findings that the jury at trial declined to find."
”If a prisoner is deemed eligible and safe for release by the authorities, they should be released as soon as feasible and not subjected to excessive delays. Why should we keep them for additional months or years in our state prison system at tremendous cost to taxpayers?

2)Background. The Board of Parole Hearings was created in 2005. Prior to 2005, the Board of Prison Terms handled the adult population eligible to receive parole. The Board of Prison Terms was charged with parole hearings and revocation hearings for adults. Based on the recommendations of a task force assembled by then Governor Schwarzenegger, the Board of Prison Terms was dissolved to form the Board of Parole Hearings charged with similar responsibilities and governed by the same statutory language. Among its many powers, the Board of Parole Hearings has the authority to determine parole suitability and set a date for parole release when an individual is found suitable for release.

Even after the parole board finds an individual suitable for release they may still require an individual to spend months or even years in prison before being released. These lengthened sentences result from the term calculation process the parole board engages in to determine how many years an individual should spend in prison to satisfy the non-rehabilitative purposes of incarceration. These term calculations can extend or alter an individual’s sentence, creating a system of back-end sentencing in which a judge’s sentence may bear little resemblance to the actual time an individual serves under correctional control.

Under existing law the Governor can ask for the review of a parole decision up to 90 days prior to the release. This works under the existing system in which a person can be found suitable for parole but not released for years afterwards. Under this bill, once found suitable, a person will be released after the 120 days that the Governor has to review parole decisions. Because of this shorter time frame to release, the Governor may not have time to ask for a review of the decision 90 days prior to the release. This bill would allow the Governor to ask for the review any time prior to the release to give the Governor the time to study the decision and determine whether to ask for a review.

Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081