Amended IN Assembly February 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as amended, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly February 15, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 89Introduced by Assembly Member SanchezJanuary 04, 2023 An act to add Section 3043.4 to the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTAB 89, as amended, Sanchez. Parole hearings: attorney notice.Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly February 15, 2023
Amended IN Assembly February 15, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 89
Introduced by Assembly Member SanchezJanuary 04, 2023
Introduced by Assembly Member Sanchez
January 04, 2023
An act to add Section 3043.4 to the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 89, as amended, Sanchez. Parole hearings: attorney notice.
Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law authorizes the victim, the victims next of kin, the victims family members, or 2 representatives designated by the victim or next of kin, to appear, personally or by counsel, at parole suitability hearings and to express their views concerning the inmate and the case.
This bill would require the district attorneys office or the Attorney Generals office that prosecuted the case to provide reasonable no less than 45 days notice to the board and to the crime victim, victims next of kin, or members of the victims family if they will not be sending a representative to a parole hearing, thereby creating a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 3043.4 is added to the Penal Code, to read:3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
SECTION 1. Section 3043.4 is added to the Penal Code, to read:
### SECTION 1.
3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
3043.4. (a) The district attorneys office or the Attorney Generals office that prosecuted the case shall provide reasonable no less than 45 days notice to the board and to the crime victim, the victims next of kin, or members of the victims family that they will not be sending a representative to a parole suitability hearing, pursuant to Section 3041, if the office does not have a general policy to send a person to represent the interests of the victim at parole suitability hearings. 3041.
(b) For the purposes of this section, parole suitability hearing includes a youth offender parole hearing, elderly parole hearing, or a hearing pursuant to paragraph (1) of subdivision (a) of Section 32 of Article I of the California Constitution.
(c) A parole suitability hearing shall not be postponed, canceled, or continued as a result of the district attorneys office or the Attorney Generals failure to provide notice pursuant to this section.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.