Amended IN Assembly May 18, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1448Introduced by Assembly Member WeberFebruary 17, 2017 An act to add Section 3055 to the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTAB 1448, as amended, Weber. 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. The bill would exempt from Elderly Parole Program eligibility a person who was sentenced pursuant to the Three Strikes Law, a person who was sentenced to life in prison without the possibility of parole or death, and a person who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
Amended IN Assembly May 18, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1448Introduced by Assembly Member WeberFebruary 17, 2017 An act to add Section 3055 to the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTAB 1448, as amended, Weber. 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. The bill would exempt from Elderly Parole Program eligibility a person who was sentenced pursuant to the Three Strikes Law, a person who was sentenced to life in prison without the possibility of parole or death, and a person who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 18, 2017 Amended IN Assembly March 28, 2017
Amended IN Assembly May 18, 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 add Section 3055 to the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1448, as amended, Weber. 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. The bill would exempt from Elderly Parole Program eligibility a person who was sentenced pursuant to the Three Strikes Law, a person who was sentenced to life in prison without the possibility of parole or death, and a person who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.
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. The bill would exempt from Elderly Parole Program eligibility a person who was sentenced pursuant to the Three Strikes Law, a person who was sentenced to life in prison without the possibility of parole or death, and a person who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.
## 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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
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.(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.
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.
(g) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.