California 2021-2022 Regular Session

California Assembly Bill AB1446

Introduced
2/19/21  

Caption

Parole.

Impact

The legislative intent behind AB1446 is twofold: it aims to streamline the parole process and promote fairness for individuals who have been wrongfully convicted and subsequently pardoned. By making a technical and nonsubstantive change, the bill supports the principles of justice and rehabilitation within the penal system. While the bill does not propose substantial shifts in the underlying law, it recognizes the importance of acknowledging the impact of wrongful convictions on individuals' lives, thus influencing both current parole practices and perceptions regarding justice in California.

Summary

Assembly Bill No. 1446, spearheaded by Assembly Member Stone, seeks to amend Section 3045 of the Penal Code in California regarding parole eligibility. Currently, the law mandates that the Board of Parole Hearings evaluate every inmate six years prior to their minimum eligible parole release date. A critical aspect of the existing law is the non-recognition of certain prior convictions—specifically, those convictions which were pardoned on the basis of actual innocence—when determining an inmate's parole eligibility. AB1446 aims to clarify and reinforce this point, ensuring that these specific pardoned convictions are not counted against individuals applying for parole.

Contention

Debate surrounding AB1446 may arise from differing opinions on the implications of pardons in the criminal justice system. Some may argue that the bill reinforces a necessary protection for wrongfully convicted individuals, promoting a rehabilitative approach to criminal justice. However, opponents might express concerns that the bill could inadvertently complicate the parole process or allow for legal ambiguities regarding what constitutes a prior conviction. Overall, the bill has been positioned as a technical adjustment, attempting to ensure that the justice system remains fair and does not unjustly penalize those who have been found innocent.

Companion Bills

No companion bills found.

Previously Filed As

CA SB81

Parole hearings.

CA AB1260

Parole: notice of release date.

CA AB1523

Youth offender parole hearings.

CA AB2766

Prisons: parole calculations and inmate release credits.

CA SB412

Parole hearings.

CA AB15

Public records: parole calculations and inmate release credits.

CA AB1416

Parole hearings.

CA ACA15

Corrections: parole consideration and credit earning.

CA AB134

Public safety trailer bill.

CA SB134

Public safety trailer bill.

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