California 2023 2023-2024 Regular Session

California Assembly Bill AB2310 Amended / Bill

Filed 08/15/2024

                    Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2310Introduced by Assembly Member HartFebruary 12, 2024An act to add Section 3041.8 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 2310, as amended, Hart. Parole hearings: language access.Existing law imposes specified requirements on all hearings conducted by the Board of Parole Hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, including, among other things, that the incarcerated person be permitted to be present, to ask and answer questions, and to speak on their own behalf.This bill would require the board to translate specified documents into the 15 most commonly spoken languages in California, as specified, no later than one year after the effective date of the act, and into all other languages no later than 2 years after the effective date of the act, and to provide timely and language-accessible notice to parole candidates of language access services and an opportunity to request an interpreter prior to specified proceedings or activities and the process for filing a complaint or grievance or for requesting a rehearing due to a failure to provide adequate language access. The bill would require a parole hearing to be recorded upon request and provided to the parole candidates attorney or representative, as specified. The bill would require a parole hearing to be postponed or continued if a qualified interpreter is not provided or cannot effectively assist the LEP parole candidate, as specified.The bill would require the board to develop and publish bilingual glossaries of parole hearing terminology and to provide them to language access service providers, as specified. The bill would require the board to, no later than July 1, 2026, promulgate regulations that establish, among other things, a requirement for the board to provide interpreters for specified proceedings, standards for interpreters provided for indigent parole candidates during attorney visits, and procedures for verifying the identity, credentials, and qualifications of interpreters. The bill would require the board to at least annually collect, review, update, and publish on its internet website specified information, including, among other things, the boards language access services and policies and summary information regarding hearings with an interpreter, as specified.The bill would make related findings and declarations.This bill would require the board to translate specified blank templates of notices and forms into the 5 most common languages spoken by incarcerated persons who are eligible for a parole hearing. The bill would require the board, at least once every 5 years, to determine the applicable languages and, if there is a material change to one of those templates, to update the translated version within a reasonable time.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 3041.8 is added to the Penal Code, to read:3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.

 Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2310Introduced by Assembly Member HartFebruary 12, 2024An act to add Section 3041.8 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 2310, as amended, Hart. Parole hearings: language access.Existing law imposes specified requirements on all hearings conducted by the Board of Parole Hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, including, among other things, that the incarcerated person be permitted to be present, to ask and answer questions, and to speak on their own behalf.This bill would require the board to translate specified documents into the 15 most commonly spoken languages in California, as specified, no later than one year after the effective date of the act, and into all other languages no later than 2 years after the effective date of the act, and to provide timely and language-accessible notice to parole candidates of language access services and an opportunity to request an interpreter prior to specified proceedings or activities and the process for filing a complaint or grievance or for requesting a rehearing due to a failure to provide adequate language access. The bill would require a parole hearing to be recorded upon request and provided to the parole candidates attorney or representative, as specified. The bill would require a parole hearing to be postponed or continued if a qualified interpreter is not provided or cannot effectively assist the LEP parole candidate, as specified.The bill would require the board to develop and publish bilingual glossaries of parole hearing terminology and to provide them to language access service providers, as specified. The bill would require the board to, no later than July 1, 2026, promulgate regulations that establish, among other things, a requirement for the board to provide interpreters for specified proceedings, standards for interpreters provided for indigent parole candidates during attorney visits, and procedures for verifying the identity, credentials, and qualifications of interpreters. The bill would require the board to at least annually collect, review, update, and publish on its internet website specified information, including, among other things, the boards language access services and policies and summary information regarding hearings with an interpreter, as specified.The bill would make related findings and declarations.This bill would require the board to translate specified blank templates of notices and forms into the 5 most common languages spoken by incarcerated persons who are eligible for a parole hearing. The bill would require the board, at least once every 5 years, to determine the applicable languages and, if there is a material change to one of those templates, to update the translated version within a reasonable time.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  August 15, 2024 Amended IN  Assembly  May 16, 2024 Amended IN  Assembly  April 01, 2024

Amended IN  Senate  August 15, 2024
Amended IN  Assembly  May 16, 2024
Amended IN  Assembly  April 01, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2310

Introduced by Assembly Member HartFebruary 12, 2024

Introduced by Assembly Member Hart
February 12, 2024

An act to add Section 3041.8 to the Penal Code, relating to parole. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2310, as amended, Hart. Parole hearings: language access.

Existing law imposes specified requirements on all hearings conducted by the Board of Parole Hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, including, among other things, that the incarcerated person be permitted to be present, to ask and answer questions, and to speak on their own behalf.This bill would require the board to translate specified documents into the 15 most commonly spoken languages in California, as specified, no later than one year after the effective date of the act, and into all other languages no later than 2 years after the effective date of the act, and to provide timely and language-accessible notice to parole candidates of language access services and an opportunity to request an interpreter prior to specified proceedings or activities and the process for filing a complaint or grievance or for requesting a rehearing due to a failure to provide adequate language access. The bill would require a parole hearing to be recorded upon request and provided to the parole candidates attorney or representative, as specified. The bill would require a parole hearing to be postponed or continued if a qualified interpreter is not provided or cannot effectively assist the LEP parole candidate, as specified.The bill would require the board to develop and publish bilingual glossaries of parole hearing terminology and to provide them to language access service providers, as specified. The bill would require the board to, no later than July 1, 2026, promulgate regulations that establish, among other things, a requirement for the board to provide interpreters for specified proceedings, standards for interpreters provided for indigent parole candidates during attorney visits, and procedures for verifying the identity, credentials, and qualifications of interpreters. The bill would require the board to at least annually collect, review, update, and publish on its internet website specified information, including, among other things, the boards language access services and policies and summary information regarding hearings with an interpreter, as specified.The bill would make related findings and declarations.This bill would require the board to translate specified blank templates of notices and forms into the 5 most common languages spoken by incarcerated persons who are eligible for a parole hearing. The bill would require the board, at least once every 5 years, to determine the applicable languages and, if there is a material change to one of those templates, to update the translated version within a reasonable time.

Existing law imposes specified requirements on all hearings conducted by the Board of Parole Hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, including, among other things, that the incarcerated person be permitted to be present, to ask and answer questions, and to speak on their own behalf.

This bill would require the board to translate specified documents into the 15 most commonly spoken languages in California, as specified, no later than one year after the effective date of the act, and into all other languages no later than 2 years after the effective date of the act, and to provide timely and language-accessible notice to parole candidates of language access services and an opportunity to request an interpreter prior to specified proceedings or activities and the process for filing a complaint or grievance or for requesting a rehearing due to a failure to provide adequate language access. The bill would require a parole hearing to be recorded upon request and provided to the parole candidates attorney or representative, as specified. The bill would require a parole hearing to be postponed or continued if a qualified interpreter is not provided or cannot effectively assist the LEP parole candidate, as specified.



The bill would require the board to develop and publish bilingual glossaries of parole hearing terminology and to provide them to language access service providers, as specified. The bill would require the board to, no later than July 1, 2026, promulgate regulations that establish, among other things, a requirement for the board to provide interpreters for specified proceedings, standards for interpreters provided for indigent parole candidates during attorney visits, and procedures for verifying the identity, credentials, and qualifications of interpreters. The bill would require the board to at least annually collect, review, update, and publish on its internet website specified information, including, among other things, the boards language access services and policies and summary information regarding hearings with an interpreter, as specified.



The bill would make related findings and declarations.



This bill would require the board to translate specified blank templates of notices and forms into the 5 most common languages spoken by incarcerated persons who are eligible for a parole hearing. The bill would require the board, at least once every 5 years, to determine the applicable languages and, if there is a material change to one of those templates, to update the translated version within a reasonable time.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.

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 3041.8 is added to the Penal Code, to read:3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.

SECTION 1. Section 3041.8 is added to the Penal Code, to read:

### SECTION 1.

3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.

3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.

3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.



3041.8. (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are eligible for a parole hearing:

(1) Blank templates of notices used to explain the rights of incarcerated persons during the parole hearing process.

(2) Blank templates of notices used to provide procedural information to incarcerated persons about the parole hearing process.

(3) Blank templates of forms used by an incarcerated person to file a grievance alleging there has been a denial of the persons rights under the Americans with Disabilities Act.

(4) Blank templates of forms used by an incarcerated person to file a petition to advance their next parole hearing date.

(b) If a material change is made to the templates of notices or templates of forms described in subdivision (a), the board shall update the translated version within a reasonable time.

(c) At least once every five years, the board shall determine the five most common languages spoken by incarcerated persons who are eligible for a parole hearing.