Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1448Introduced by Assembly Member WeberFebruary 17, 2017 An act to amend Section 1203.4 of add Section 3055 to the Penal Code, relating to probation. parole.LEGISLATIVE COUNSEL'S DIGESTAB 1448, as amended, Weber. Probation. Elderly Parole Program.Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmates minimum eligible parole release date to document the inmates activities and conduct pertinent to parole eligibility. Existing law, the Victims Bill of Rights Act of 2008: Marsys Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victims safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require an additional period of incarceration.This bill would establish the Elderly Parole Program, for prisoners who are 60 years of age or older and who have served a minimum of 25 years of their sentence. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoners next parole suitability hearing. If the prisoner is found suitable for parole under the Elderly Parole Program, the bill would require the board to release the individual on parole, as specified.Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she has fulfilled the conditions of probation for the entire period of probation, has been discharged prior to the termination of the period of probation, has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief. In either case, existing law releases the defendant from all penalties and disabilities resulting from the offense of which he or she has been convicted. Existing law makes this relief unavailable if the defendant has committed any one of specified offenses.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3055 is added to the Penal Code, to read:3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.SECTION 1.Section 1203.4 of the Penal Code is amended to read:1203.4.(a)(1)If a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. If the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty. In either case, the court shall thereupon dismiss the accusations or information against the defendant and, except as otherwise provided in this section, he or she is released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for licensure by a state or local agency, or for contracting with the California State Lottery Commission.(2)Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control a firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(3)Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(b)Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.(c)(1)Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.(2)If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.(d)A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse a city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.(e)(1)Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.(2)It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f)If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g)Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.
Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1448Introduced by Assembly Member WeberFebruary 17, 2017 An act to amend Section 1203.4 of add Section 3055 to the Penal Code, relating to probation. parole.LEGISLATIVE COUNSEL'S DIGESTAB 1448, as amended, Weber. Probation. Elderly Parole Program.Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmates minimum eligible parole release date to document the inmates activities and conduct pertinent to parole eligibility. Existing law, the Victims Bill of Rights Act of 2008: Marsys Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victims safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require an additional period of incarceration.This bill would establish the Elderly Parole Program, for prisoners who are 60 years of age or older and who have served a minimum of 25 years of their sentence. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoners next parole suitability hearing. If the prisoner is found suitable for parole under the Elderly Parole Program, the bill would require the board to release the individual on parole, as specified.Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she has fulfilled the conditions of probation for the entire period of probation, has been discharged prior to the termination of the period of probation, has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief. In either case, existing law releases the defendant from all penalties and disabilities resulting from the offense of which he or she has been convicted. Existing law makes this relief unavailable if the defendant has committed any one of specified offenses.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 28, 2017
Amended IN Assembly March 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1448
Introduced by Assembly Member WeberFebruary 17, 2017
Introduced by Assembly Member Weber
February 17, 2017
An act to amend Section 1203.4 of add Section 3055 to the Penal Code, relating to probation. parole.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1448, as amended, Weber. Probation. Elderly Parole Program.
Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmates minimum eligible parole release date to document the inmates activities and conduct pertinent to parole eligibility. Existing law, the Victims Bill of Rights Act of 2008: Marsys Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victims safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require an additional period of incarceration.This bill would establish the Elderly Parole Program, for prisoners who are 60 years of age or older and who have served a minimum of 25 years of their sentence. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoners next parole suitability hearing. If the prisoner is found suitable for parole under the Elderly Parole Program, the bill would require the board to release the individual on parole, as specified.Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she has fulfilled the conditions of probation for the entire period of probation, has been discharged prior to the termination of the period of probation, has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief. In either case, existing law releases the defendant from all penalties and disabilities resulting from the offense of which he or she has been convicted. Existing law makes this relief unavailable if the defendant has committed any one of specified offenses.This bill would make technical, nonsubstantive changes to those provisions.
Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmates minimum eligible parole release date to document the inmates activities and conduct pertinent to parole eligibility. Existing law, the Victims Bill of Rights Act of 2008: Marsys Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victims safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victims safety does not require an additional period of incarceration.
This bill would establish the Elderly Parole Program, for prisoners who are 60 years of age or older and who have served a minimum of 25 years of their sentence. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoners next parole suitability hearing. If the prisoner is found suitable for parole under the Elderly Parole Program, the bill would require the board to release the individual on parole, as specified.
Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she has fulfilled the conditions of probation for the entire period of probation, has been discharged prior to the termination of the period of probation, has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief. In either case, existing law releases the defendant from all penalties and disabilities resulting from the offense of which he or she has been convicted. Existing law makes this relief unavailable if the defendant has committed any one of specified offenses.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3055 is added to the Penal Code, to read:3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.SECTION 1.Section 1203.4 of the Penal Code is amended to read:1203.4.(a)(1)If a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. If the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty. In either case, the court shall thereupon dismiss the accusations or information against the defendant and, except as otherwise provided in this section, he or she is released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for licensure by a state or local agency, or for contracting with the California State Lottery Commission.(2)Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control a firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.(3)Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.(b)Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.(c)(1)Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.(2)If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.(d)A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse a city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.(e)(1)Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.(2)It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.(f)If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.(g)Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3055 is added to the Penal Code, to read:3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.
SECTION 1. Section 3055 is added to the Penal Code, to read:
### SECTION 1.
3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.
3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.
3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:(1) The prisoner is 60 years of age or older.(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.
3055. (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.
(b) A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets both of the following conditions:
(1) The prisoner is 60 years of age or older.
(2) The prisoner has served a minimum of 25 years of continued incarceration on his or her current sentence, serving either a determinate or indeterminate sentence.
(c) When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoners risk for future violence.
(d) When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).
(e) If the prisoner is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.
(f) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in which an individual was sentenced to life in prison without the possibility of parole or death.
(a)(1)If a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or if a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty if he or she is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense. If the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty. In either case, the court shall thereupon dismiss the accusations or information against the defendant and, except as otherwise provided in this section, he or she is released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for licensure by a state or local agency, or for contracting with the California State Lottery Commission.
(2)Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control a firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3)Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(b)Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.
(c)(1)Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.
(2)If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
(d)A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse a city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.
(e)(1)Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2)It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f)If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
(g)Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.