Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 81Introduced by Senator Becker Senators Skinner and BeckerJanuary 12, 2023 An act to amend Section 3041 of, and add Sections 3041.8 and 3073.2 to, the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTSB 81, as amended, Skinner. Parole hearings.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 establishes the procedures for parole hearings and applicable review periods for the boards decisions. at all hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, and provides inmates specified rights at parole suitability hearings.This bill would prohibit the board from considering any discriminatory factor, as specified, in reaching a finding of unsuitability for parole. The bill would require the board, when stating the reasons for its decision to deny parole, to articulate the relationship between each reason for denial and the parole candidates current risk of violence.Existing law allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would establish that a parole candidate who has reached their minimum eligible parole date, as specified, has a fundamental vested interest in being released on parole. The bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief. The bill would require the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold the decision only if the court finds by clear and convincing evidence that the person presents a current, unreasonable risk of danger to public safety, as specified. The bill would require the Board of Parole Hearings to track and publish data on the outcomes of these court decisions.Existing law establishes the Department of Corrections and Rehabilitation and charges it with certain duties and powers, including, among other things, jurisdiction over state prisons.This bill would require the departments Office of Research to collect, publicly report each week, and annually collect and publish specified data relating to parole hearings on the departments internet website. The bill would allow a bona fide research institution concerned with the quality of the criminal justice system to access parole hearing-level data, as specified, and would prohibit the disclosure of personally identifying information from reports or publications of the data.This bill would state the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.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 3041 of the Penal Code is amended to read:3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.SEC. 2. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.SEC. 3. Section 3073.2 is added to the Penal Code, to read:3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.SECTION 1.It is the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.
Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 81Introduced by Senator Becker Senators Skinner and BeckerJanuary 12, 2023 An act to amend Section 3041 of, and add Sections 3041.8 and 3073.2 to, the Penal Code, relating to parole.LEGISLATIVE COUNSEL'S DIGESTSB 81, as amended, Skinner. Parole hearings.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 establishes the procedures for parole hearings and applicable review periods for the boards decisions. at all hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, and provides inmates specified rights at parole suitability hearings.This bill would prohibit the board from considering any discriminatory factor, as specified, in reaching a finding of unsuitability for parole. The bill would require the board, when stating the reasons for its decision to deny parole, to articulate the relationship between each reason for denial and the parole candidates current risk of violence.Existing law allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would establish that a parole candidate who has reached their minimum eligible parole date, as specified, has a fundamental vested interest in being released on parole. The bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief. The bill would require the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold the decision only if the court finds by clear and convincing evidence that the person presents a current, unreasonable risk of danger to public safety, as specified. The bill would require the Board of Parole Hearings to track and publish data on the outcomes of these court decisions.Existing law establishes the Department of Corrections and Rehabilitation and charges it with certain duties and powers, including, among other things, jurisdiction over state prisons.This bill would require the departments Office of Research to collect, publicly report each week, and annually collect and publish specified data relating to parole hearings on the departments internet website. The bill would allow a bona fide research institution concerned with the quality of the criminal justice system to access parole hearing-level data, as specified, and would prohibit the disclosure of personally identifying information from reports or publications of the data.This bill would state the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 22, 2023
Amended IN Senate March 22, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 81
Introduced by Senator Becker Senators Skinner and BeckerJanuary 12, 2023
Introduced by Senator Becker Senators Skinner and Becker
January 12, 2023
An act to amend Section 3041 of, and add Sections 3041.8 and 3073.2 to, the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 81, as amended, Skinner. Parole hearings.
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 establishes the procedures for parole hearings and applicable review periods for the boards decisions. at all hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, and provides inmates specified rights at parole suitability hearings.This bill would prohibit the board from considering any discriminatory factor, as specified, in reaching a finding of unsuitability for parole. The bill would require the board, when stating the reasons for its decision to deny parole, to articulate the relationship between each reason for denial and the parole candidates current risk of violence.Existing law allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would establish that a parole candidate who has reached their minimum eligible parole date, as specified, has a fundamental vested interest in being released on parole. The bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief. The bill would require the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold the decision only if the court finds by clear and convincing evidence that the person presents a current, unreasonable risk of danger to public safety, as specified. The bill would require the Board of Parole Hearings to track and publish data on the outcomes of these court decisions.Existing law establishes the Department of Corrections and Rehabilitation and charges it with certain duties and powers, including, among other things, jurisdiction over state prisons.This bill would require the departments Office of Research to collect, publicly report each week, and annually collect and publish specified data relating to parole hearings on the departments internet website. The bill would allow a bona fide research institution concerned with the quality of the criminal justice system to access parole hearing-level data, as specified, and would prohibit the disclosure of personally identifying information from reports or publications of the data.This bill would state the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.
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 establishes the procedures for parole hearings and applicable review periods for the boards decisions. at all hearings for the purpose of reviewing a prisoners parole suitability, or the setting, postponing, or rescinding of parole dates, and provides inmates specified rights at parole suitability hearings.
This bill would prohibit the board from considering any discriminatory factor, as specified, in reaching a finding of unsuitability for parole. The bill would require the board, when stating the reasons for its decision to deny parole, to articulate the relationship between each reason for denial and the parole candidates current risk of violence.
Existing law allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.
This bill would establish that a parole candidate who has reached their minimum eligible parole date, as specified, has a fundamental vested interest in being released on parole. The bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief. The bill would require the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold the decision only if the court finds by clear and convincing evidence that the person presents a current, unreasonable risk of danger to public safety, as specified. The bill would require the Board of Parole Hearings to track and publish data on the outcomes of these court decisions.
Existing law establishes the Department of Corrections and Rehabilitation and charges it with certain duties and powers, including, among other things, jurisdiction over state prisons.
This bill would require the departments Office of Research to collect, publicly report each week, and annually collect and publish specified data relating to parole hearings on the departments internet website. The bill would allow a bona fide research institution concerned with the quality of the criminal justice system to access parole hearing-level data, as specified, and would prohibit the disclosure of personally identifying information from reports or publications of the data.
This bill would state the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3041 of the Penal Code is amended to read:3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.SEC. 2. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.SEC. 3. Section 3073.2 is added to the Penal Code, to read:3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.SECTION 1.It is the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.
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 of the Penal Code is amended to read:3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SECTION 1. Section 3041 of the Penal Code is amended to read:
### SECTION 1.
3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.(2)(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.(3)(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.(3) The board shall separately state reasons for its decision to grant or deny parole.(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
3041. (a) (1) In the case of any inmate a parole candidate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate parole candidate during the sixth year before the inmates parole candidates minimum eligible parole date for the purposes of reviewing and documenting the inmates parole candidates activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate parole candidate information about the parole hearing process, legal factors relevant to his or her their suitability or unsuitability for parole, and individualized recommendations for the inmate parole candidate regarding his or her their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate parole candidate in writing.
(2) One year before the inmates parole candidates minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate parole candidate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
(3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
(4) Upon a grant of parole, the inmate parole candidate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her their minimum eligible parole date as set pursuant to Section 3046 unless the inmate parole candidate is eligible for earlier release pursuant to his or her their youth offender parole eligibility date or elderly parole eligible date.
(5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any A person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
(b) (1) The panel or the board, sitting en banc, shall grant parole to an inmate a parole candidate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.
(2) The board shall not consider any discriminatory factor in reaching a finding of unsuitability for parole, including, but not limited to, any of the following:
(A) The persons race, ethnicity, national origin, sexual orientation, gender identity or expression, or cultural or religious affiliation.
(B) The persons physical or mental disability, or cognitive, speech, or physical impairment.
(C) The persons current or prior history of mental illness or a substance use disorder unless there is clear and convincing evidence that the illness or disorder cannot be effectively managed in the community.
(D) The persons housing status at the time of conviction, current or prior employment history, socioeconomic status, English language proficiency, immigration history or status, or education level.
(E) The persons relations or prior association with a group of persons who share the persons race, ethnicity, national origin, neighborhood, or religion, unless there is clear and convincing evidence that the association is ongoing and currently relevant to a specific future risk of violence.
(F) Other factors which have been documented to be subject to bias, including, but not limited to, a parole candidates prior experience as a victim of violence or abuse, verbal or nonverbal communication, tone of voice, volume of speech, facial expressions, body language, eye contact, or the candidates ability to articulate complex or abstract concepts.
(3) When stating reasons for its decision to deny parole, the board shall articulate the relationship between each reason for denial and the parole candidates current risk of violence.
(2)
(4) After July 30, 2001, any a decision of the parole panel finding an inmate a parole candidate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panels decision. The panels decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panels decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
(3)
(5) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
(c) For the purpose of reviewing the suitability for parole of those inmates parole candidates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate parole candidate until the time the person is released pursuant to proceedings or reaches the expiration of his or her their term as calculated under Section 1170.2.
(d) It is the intent of the Legislature that, during times when there is no backlog of inmates parole candidates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate a parole candidate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate parole candidate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates parole candidates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
(1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
(2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
(3) The board shall separately state reasons for its decision to grant or deny parole.
(4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
SEC. 2. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.
SEC. 2. Section 3041.8 is added to the Penal Code, to read:
### SEC. 2.
3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.
3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.
3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.(f) The court shall transmit its decision to the Board of Parole Hearings.(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:(1) The number of candidates seeking court relief.(2) The number of court affirmations.(3) The number of reversals.(4) The length of commitment for each parole candidate seeking relief.
3041.8. (a) Parole candidates have a fundamental vested interest in being released on parole upon reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055.
(b) Upon denial of parole, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. A parole candidate may have the petition heard in either the county of conviction or in the county in which the parole candidate is incarcerated.
(c) A parole candidate may petition a court for relief after a denial of parole, either by petition for writ of habeas corpus or by submitting the appropriate form. The parole candidate may request the assistance of counsel for this purpose. The court shall appoint counsel upon request, whether the request is made upon the submission of a petition or upon a request for assistance to prepare the petition.
(d) A parole candidate who has been denied parole after reaching their minimum eligible parole date as described in Section 3041, their youth parole eligible date as defined in Section 3051, or their elderly parole eligible date as defined in Section 3055 has made a prima facie case for relief and the reviewing court may not summarily deny any such petition.
(e) A court reviewing a decision to deny parole or to reverse the grant of parole shall exercise its independent judgment on the decision. The court shall uphold the decision only if the court finds, based on clear and convincing evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18.
(f) The court shall transmit its decision to the Board of Parole Hearings.
(g) The Board of Parole Hearings shall track and publish data on the outcomes of court decisions pursuant to subdivision (e), including, but not limited to:
(1) The number of candidates seeking court relief.
(2) The number of court affirmations.
(3) The number of reversals.
(4) The length of commitment for each parole candidate seeking relief.
SEC. 3. Section 3073.2 is added to the Penal Code, to read:3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
SEC. 3. Section 3073.2 is added to the Penal Code, to read:
### SEC. 3.
3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
3073.2. (a) For purposes of this section, the following terms have the following meanings:(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.(3) Data elements means the information described in subdivisions (b) and (c).(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.(2) The office shall do all of the following to meet the requirements in paragraph (1):(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.(H) Use technology that is scalable so as to accommodate large increases in the volume of data.(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.(N) Develop methods for editing and archiving data and retrieving archived data.(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:(1) The name of the parole candidate.(2) The parole candidates Department of Corrections and Rehabilitation identification number.(3) Whether the hearing was conducted in person or virtually.(4) The hearing date.(5) Whether the hearing was an initial or subsequent hearing.(6) The county in which the parole candidate was convicted.(7) The outcome of the hearing.(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:(1) The name of the institution in which the parole candidate was incarcerated.(2) The outcome of the hearing.(3) The number of prior parole hearings, if any.(4) Whether the hearing was scheduled pursuant to any of the following:(A) The administrative review process.(B) The petition to advance process.(C) A reversal by the Governor.(D) An en banc review resulting in rescission.(E) A court order.(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:(A) The presiding commissioner.(B) The deputy commissioner or commissioners.(6) The race of the parole candidate.(7) The date of birth of the parole candidate.(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.(9) The parole candidates age at the time of the relevant offense.(10) The self-described gender identity of the parole candidate.(11) Any special considerations including, but not limited to, all of the following:(A) Whether the parole candidate was being considered for elderly parole.(B) Whether the parole candidate was being considered for youth offender parole.(C) Whether the parole candidate was being considered for medical parole.(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.(12) The parole candidates most recent comprehensive risk assessment rating.(13) The parole candidates most recent comprehensive static risk assessment score.(14) The parole candidates security level at the time of hearing.(15) The highest level of education attained by the parole candidate.(16) The parole candidates Test of Adult Basic Education score.(17) All of the following regarding rules violation reports for the parole candidate:(A) The time that has elapsed since the most recent rules violation report.(B) The time that has elapsed since the most recent serious rules violation report.(C) The time that has elapsed since the most recent nonserious rules violation report.(D) The total number of rules violation reports.(E) The total number of serious rules violation reports.(F) The total number of nonserious rules violation reports.(18) Whether a language interpreter was used in the parole hearing.(19) Whether the parole candidate had a private or appointed attorney.(20) All of the following information regarding the controlling offense:(A) The controlling offense group.(B) Whether the offense was for murder.(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.(F) Whether the victim was a peace officer as defined in Section 830.(21) Whether the district attorney attended the parole hearing.(22) The number of registered victims or next of kin that attended the parole hearing.(23) Whether the parole candidate is a veteran.(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.(25) The parole candidates mental health classification at the time of the hearing.(26) The parole candidates highest level of mental health classification during their incarceration.(27) Whether a confidential recording was created during the parole hearing.(28) All of the following regarding outcomes after the parole hearing:(A) Whether the Governor reversed the parole decision.(B) If the hearing resulted in an en banc review, all of the following:(i) Whether the hearing was referred to an en banc review by the Governor or by the board.(ii) The outcome of the en banc review.(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:(A) Whether the case was screened for possible administrative review.(B) Whether the case received a review on the merits.(C) Whether the case was approved for an advanced hearing date.(D) If the case was denied an advanced hearing date, the reason for denial.(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:(A) Whether a petition to advance was submitted and preliminarily reviewed.(B) Whether the petition to advance was reviewed on the merits.(C) Whether the petition to advance was approved for an advanced hearing.(D) If the petition to advance was denied an advanced hearing date, the reason for denial.(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).(2) The following information shall not be published:(A) The name of the parole candidate.(B) The parole candidates Department of Corrections and Rehabilitation identification number.(C) The parole candidates anonymized identifier.(D) The date of birth of the parole candidate.(E) The parole candidates hearing date.(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
3073.2. (a) For purposes of this section, the following terms have the following meanings:
(1) Aggregate data elements means collecting data elements in such a way that the data elements can support metrics.
(2) Collect data means facilitating cooperation between, and providing assistance to, participating divisions within the office to ensure the transmission and collection of data according to the timeframes and standards described in this section, and developing consistent and clear guidelines for how those divisions are used to define data elements.
(3) Data elements means the information described in subdivisions (b) and (c).
(4) Develop metrics means using industry-appropriate methods and technology and cooperation with participating agencies to create accurate, actionable, and digestible metrics using the collected data elements.
(5) Metrics means the combination of data elements used to track outcomes on any given process or decision point.
(6) Publicly report means using appropriate technology, methods, and interface design to make metrics available to the public, which may include the use of web publishing, the use of interactive portals or other applications to not only display metrics, but to allow metrics to be compared and filtered so that each metric may be analyzed and dissected by multiple factors.
(7) Transmit data elements means using the method designated by the office for participating divisions to provide collected data elements to the office.
(b) (1) The Department of Corrections and Rehabilitation Office of Research shall serve as the data aggregator and repository unit for the data described in this section. The office shall ensure the uniformity and accuracy of the data, use technological resources necessary to collect the hearing-level data described in this section in standard formats and aggregate that data using appropriate means developed by the office, and publish the data in a format that will allow users to easily navigate and access the data they require, for example, on an internet website.
(2) The office shall do all of the following to meet the requirements in paragraph (1):
(A) Collect the data described in subdivisions (c) and (d) within the timeframes described in this section.
(B) Develop consistent definitions and formats for data elements to ensure the successful development of the metrics created using the data elements in this section.
(C) Publicly report data using a modern, open, and electronic format, such as comma-separated values or a similar file format that will allow the user to download the data sets and conduct their own analyses.
(D) Ensure that the public interface for metrics makes raw, case-level data available for download so that independent analyses can be conducted using the data.
(E) Ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.
(F) Use standardized practices in developing internet web pages, including the use of open web standards and standard best practices such as those recommendations published by the World Wide Web Consortium (W3C) or those published by the International Organization for Standardization (ISO).
(G) Employ appropriate security measures and best practices for data elements transmitted and stored to account for personal identifying information and other sensitive information as governed by state and federal law. These processes shall include the remote backing-up of all data, including data elements and metrics, as well as the logging and detection of data-related events.
(H) Use technology that is scalable so as to accommodate large increases in the volume of data.
(I) Hire and maintain personnel familiar with web user-interface coding and web service coding.
(J) Except as provided in subparagraphs (L) and (M), make all data available, including raw data elements and metrics, in a machine-readable format with open format, nonproprietary file formats that will permit the download of complete data sets.
(K) Except as provided in subparagraphs (L) and (M), make all data, including data elements and metrics, available in a format that will allow users to easily navigate and access the data they require using modern web application programming interfaces that allow access to data directly through programs in addition to internet website publishing.
(L) Assess and create processes to collect, aggregate, and validate data elements transmitted by an agency, to include methods to identify duplicate, overlapping, or missing data and processes for the rejection and retransmission of invalid data.
(M) Test data quality to facilitate the dissemination of accurate, valid, reliable, and complete criminal justice data.
(N) Develop methods for editing and archiving data and retrieving archived data.
(c) The office shall, on a weekly basis, publicly report all of the following data elements pertaining to each parole hearing on the departments internet website:
(1) The name of the parole candidate.
(2) The parole candidates Department of Corrections and Rehabilitation identification number.
(3) Whether the hearing was conducted in person or virtually.
(4) The hearing date.
(5) Whether the hearing was an initial or subsequent hearing.
(6) The county in which the parole candidate was convicted.
(7) The outcome of the hearing.
(d) The office shall, on an annual basis, collect the information contained in the data elements described in subdivision (c) and the following parole hearing-level data elements:
(1) The name of the institution in which the parole candidate was incarcerated.
(2) The outcome of the hearing.
(3) The number of prior parole hearings, if any.
(4) Whether the hearing was scheduled pursuant to any of the following:
(A) The administrative review process.
(B) The petition to advance process.
(C) A reversal by the Governor.
(D) An en banc review resulting in rescission.
(E) A court order.
(5) The following parole board commissioners who participated in the hearing, identified by an anonymized numerical or alphanumeric code:
(A) The presiding commissioner.
(B) The deputy commissioner or commissioners.
(6) The race of the parole candidate.
(7) The date of birth of the parole candidate.
(8) The length of time the parole candidate spent in the departments custody at the time of the hearing.
(9) The parole candidates age at the time of the relevant offense.
(10) The self-described gender identity of the parole candidate.
(11) Any special considerations including, but not limited to, all of the following:
(A) Whether the parole candidate was being considered for elderly parole.
(B) Whether the parole candidate was being considered for youth offender parole.
(C) Whether the parole candidate was being considered for medical parole.
(D) Whether the board considered the effects of intimate partner battering pursuant to Section 4801.
(12) The parole candidates most recent comprehensive risk assessment rating.
(13) The parole candidates most recent comprehensive static risk assessment score.
(14) The parole candidates security level at the time of hearing.
(15) The highest level of education attained by the parole candidate.
(16) The parole candidates Test of Adult Basic Education score.
(17) All of the following regarding rules violation reports for the parole candidate:
(A) The time that has elapsed since the most recent rules violation report.
(B) The time that has elapsed since the most recent serious rules violation report.
(C) The time that has elapsed since the most recent nonserious rules violation report.
(D) The total number of rules violation reports.
(E) The total number of serious rules violation reports.
(F) The total number of nonserious rules violation reports.
(18) Whether a language interpreter was used in the parole hearing.
(19) Whether the parole candidate had a private or appointed attorney.
(20) All of the following information regarding the controlling offense:
(A) The controlling offense group.
(B) Whether the offense was for murder.
(C) Whether the offense was a sex offense requiring registration pursuant to Section 290.
(D) Whether the conviction was a second strike pursuant to Section 667 or 1170.12.
(E) Whether the conviction was a third strike pursuant to Section 667 or 1170.12.
(F) Whether the victim was a peace officer as defined in Section 830.
(21) Whether the district attorney attended the parole hearing.
(22) The number of registered victims or next of kin that attended the parole hearing.
(23) Whether the parole candidate is a veteran.
(24) If the parole candidate participates in the disability placement program or the developmental disability program, their classification in the program.
(25) The parole candidates mental health classification at the time of the hearing.
(26) The parole candidates highest level of mental health classification during their incarceration.
(27) Whether a confidential recording was created during the parole hearing.
(28) All of the following regarding outcomes after the parole hearing:
(A) Whether the Governor reversed the parole decision.
(B) If the hearing resulted in an en banc review, all of the following:
(i) Whether the hearing was referred to an en banc review by the Governor or by the board.
(ii) The outcome of the en banc review.
(C) If the parole candidate was released, whether the parole candidate was returned to custody after release and the reason for the parole candidate being returned to custody.
(29) If applicable, all of the following regarding the administrative review process for the current and any prior parole hearing:
(A) Whether the case was screened for possible administrative review.
(B) Whether the case received a review on the merits.
(C) Whether the case was approved for an advanced hearing date.
(D) If the case was denied an advanced hearing date, the reason for denial.
(30) If applicable, all of the following regarding the petition to advance process for the current and any prior parole hearing:
(A) Whether a petition to advance was submitted and preliminarily reviewed.
(B) Whether the petition to advance was reviewed on the merits.
(C) Whether the petition to advance was approved for an advanced hearing.
(D) If the petition to advance was denied an advanced hearing date, the reason for denial.
(e) (1) The office shall, on an annual basis, publish on the departments internet website the information contained in the parole hearing-level data elements described in subdivisions (c) and (d).
(2) The following information shall not be published:
(A) The name of the parole candidate.
(B) The parole candidates Department of Corrections and Rehabilitation identification number.
(C) The parole candidates anonymized identifier.
(D) The date of birth of the parole candidate.
(E) The parole candidates hearing date.
(F) Any other personally identifying information or information that could reasonably lead to reidentification of an individual charged with a crime or an individual who is the victim of a crime.
(3) (A) This publication shall be made using a modern, open, and electronic format, such as comma-separated values or similar file format that will allow the user to download the data sets and conduct their own analyses. The public interface for metrics shall also make raw, hearing-level data available for download so that independent analyses can be conducted using the data.
(B) The office shall ensure that personal identifying information is not published except as allowed by law. The use of anonymized data may be used for this purpose.
(f) Notwithstanding paragraph (2) of subdivision (e), subdivision (g) of Section 11105, and subdivision (a) of Section 13305, a bona fide research institution concerned with the quality of the criminal justice system may be provided with raw, individual, hearing-level data including, but not limited to, the information contained in the data elements described in paragraph (2) of subdivision (e), as required for the performance of its duties, including the conduct of research. Information that identifies individuals shall only be provided for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities. Reports or publications derived from this information shall not identify specific individuals.
It is the intent of the Legislature to enact legislation to increase transparency, predictability, and accountability of parole suitability hearings.