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| 1 | + | Amended IN Senate June 09, 2021 Amended IN Assembly March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1210Introduced by Assembly Member Members Ting and Akilah WeberFebruary 19, 2021 An act to amend Section 5075 of the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTAB 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 17 21 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 10 at least 60% of the commissioners meet at least one of those criteria. The bill would delete obsolete provisions and make other technical changes.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 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 09, 2021 Amended IN Assembly March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1210Introduced by Assembly Member Members Ting and Akilah WeberFebruary 19, 2021 An act to amend Section 5075 of the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTAB 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 17 21 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 10 at least 60% of the commissioners meet at least one of those criteria. The bill would delete obsolete provisions and make other technical changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 09, 2021 Amended IN Assembly March 10, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 15, 2021 | |
| 8 | 7 | Amended IN Senate June 09, 2021 | |
| 9 | 8 | Amended IN Assembly March 10, 2021 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 1210 | |
| 16 | 15 | ||
| 17 | - | Introduced by Assembly Members Ting and Akilah WeberFebruary 19, 2021 | |
| 16 | + | Introduced by Assembly Member Members Ting and Akilah WeberFebruary 19, 2021 | |
| 18 | 17 | ||
| 19 | - | Introduced by Assembly Members Ting and Akilah Weber | |
| 18 | + | Introduced by Assembly Member Members Ting and Akilah Weber | |
| 20 | 19 | February 19, 2021 | |
| 21 | 20 | ||
| 22 | 21 | An act to amend Section 5075 of the Penal Code, relating to parole. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | AB 1210, as amended, Ting. Board of Parole Hearings: commissioners. | |
| 29 | 28 | ||
| 30 | - | 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 | |
| 29 | + | 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 17 21 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 10 at least 60% of the commissioners meet at least one of those criteria. The bill would delete obsolete provisions and make other technical changes. | |
| 31 | 30 | ||
| 32 | 31 | 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. | |
| 33 | 32 | ||
| 34 | - | 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 | |
| 33 | + | 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 17 21 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 10 at least 60% of the commissioners meet at least one of those criteria. The bill would delete obsolete provisions and make other technical changes. | |
| 35 | 34 | ||
| 36 | 35 | ## Digest Key | |
| 37 | 36 | ||
| 38 | 37 | ## Bill Text | |
| 39 | 38 | ||
| 40 | - | 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 | |
| 39 | + | 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 41 | 40 | ||
| 42 | 41 | The people of the State of California do enact as follows: | |
| 43 | 42 | ||
| 44 | 43 | ## The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | - | 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 | |
| 45 | + | 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 47 | 46 | ||
| 48 | 47 | SECTION 1. Section 5075 of the Penal Code is amended to read: | |
| 49 | 48 | ||
| 50 | 49 | ### SECTION 1. | |
| 51 | 50 | ||
| 52 | - | 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 | |
| 51 | + | 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 53 | 52 | ||
| 54 | - | 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 | |
| 53 | + | 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 55 | 54 | ||
| 56 | - | 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 | |
| 55 | + | 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 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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).(2)The(3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows:(A) Six Seven shall expire on July 1, 2022. 2023.(B) Five Seven shall expire on July 1, 2023. 2024.(C) Six Seven shall expire on July 1, 2024. 2025.(3)(4) 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.(4)(5) (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 10 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. | |
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | 58 | ||
| 60 | 59 | 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. | |
| 61 | 60 | ||
| 62 | - | (b) (1) The Governor shall appoint 21 | |
| 61 | + | (b) (1) The Governor shall appoint 17 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Commissioners Except as specified in paragraph (2), 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. | |
| 63 | 62 | ||
| 64 | 63 | (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). | |
| 65 | 64 | ||
| 66 | - | ||
| 67 | - | ||
| 68 | - | (3)Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the | |
| 65 | + | (2)The | |
| 69 | 66 | ||
| 70 | 67 | ||
| 71 | 68 | ||
| 72 | - | (2) The terms of the commissioners shall expire as follows: | |
| 69 | + | (3) Following the appointment of the four commissioners who begin their terms on July 1, 2022, pursuant to paragraph (2), the terms of the commissioners shall expire as follows: | |
| 73 | 70 | ||
| 74 | - | (A) Seven | |
| 71 | + | (A) Six Seven shall expire on July 1, 2022. 2023. | |
| 75 | 72 | ||
| 76 | - | (B) Seven | |
| 73 | + | (B) Five Seven shall expire on July 1, 2023. 2024. | |
| 77 | 74 | ||
| 78 | - | (C) Seven Six shall expire on July 1, 2025. 2024. | |
| 75 | + | (C) Six Seven shall expire on July 1, 2024. 2025. | |
| 76 | + | ||
| 77 | + | (3) | |
| 78 | + | ||
| 79 | + | ||
| 80 | + | ||
| 81 | + | (4) 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. | |
| 79 | 82 | ||
| 80 | 83 | (4) | |
| 81 | 84 | ||
| 82 | 85 | ||
| 83 | 86 | ||
| 84 | - | (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. | |
| 85 | - | ||
| 86 | - | (5) | |
| 87 | - | ||
| 88 | - | ||
| 89 | - | ||
| 90 | - | (4) (A) Commencing July 1, 2022, at least four of the commissioners shall meet at least one of the following criteria: | |
| 87 | + | (5) (A) Commencing July 1, 2022, at least four of the commissioners shall meet at least one of the following criteria: | |
| 91 | 88 | ||
| 92 | 89 | (i) A medical doctor with experience working with geriatric patients. | |
| 93 | 90 | ||
| 94 | 91 | (ii) A psychologist or psychiatrist who has experience working in childhood trauma. | |
| 95 | 92 | ||
| 96 | 93 | (iii) A social worker who has worked with individuals who have been incarcerated or with individuals whose family members have been incarcerated. | |
| 97 | 94 | ||
| 98 | 95 | (iv) A drug treatment counselor. | |
| 99 | 96 | ||
| 100 | 97 | (v) A person who has worked for a nonprofit organization that provides community-based reentry services or handles community-based risk assessment issues. | |
| 101 | 98 | ||
| 102 | 99 | (vi) An attorney who has represented individuals facing deportation by the federal immigration authorities. | |
| 103 | 100 | ||
| 104 | 101 | (vii) A peer counselor who has extensive experience working with individuals who are either transgender or gender nonconforming. | |
| 105 | 102 | ||
| 106 | 103 | (viii) A person who has been released from a life sentence in prison following a parole hearing. | |
| 107 | 104 | ||
| 108 | - | (B) Commencing July 1, 2024, at least 60 percent of the commissioners shall meet at least one of the criteria specified in subparagraph (A). | |
| 105 | + | (B) Commencing July 1, 2024, at least 10 60 percent of the commissioners shall meet at least one of the criteria specified in subparagraph (A). | |
| 109 | 106 | ||
| 110 | 107 | (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. | |
| 111 | 108 | ||
| 112 | 109 | (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. |