| Old | New | Differences | |
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| 1 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 23, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 81Introduced by Senators Skinner and Becker(Coauthors: Assembly Members Connolly, Jackson, and Ting)January 12, 2023An act to add Section 3041.8 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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would require the Board of Parole Hearings to notify a parole candidate with an indeterminate sentence who has been denied parole of their right to petition the court for habeas relief. relief, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety, others, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 23, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 81Introduced by Senators Skinner and Becker(Coauthors: Assembly Members Connolly, Jackson, and Ting)January 12, 2023An act to add Section 3041.8 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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would require the Board of Parole Hearings to notify a parole candidate with an indeterminate sentence who has been denied parole of their right to petition the court for habeas relief. relief, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety, others, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly June 21, 2023 Amended IN Senate May 23, 2023 Amended IN Senate March 22, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 18, 2023 | |
| 8 | - | Passed IN Senate September 14, 2023 | |
| 9 | - | Passed IN Assembly September 13, 2023 | |
| 10 | 7 | Amended IN Assembly September 07, 2023 | |
| 11 | 8 | Amended IN Assembly September 01, 2023 | |
| 12 | 9 | Amended IN Assembly June 21, 2023 | |
| 13 | 10 | Amended IN Senate May 23, 2023 | |
| 14 | 11 | Amended IN Senate March 22, 2023 | |
| 15 | 12 | ||
| 16 | 13 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 17 | 14 | ||
| 18 | 15 | Senate Bill | |
| 19 | 16 | ||
| 20 | 17 | No. 81 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Senators Skinner and Becker(Coauthors: Assembly Members Connolly, Jackson, and Ting)January 12, 2023 | |
| 23 | 20 | ||
| 24 | 21 | Introduced by Senators Skinner and Becker(Coauthors: Assembly Members Connolly, Jackson, and Ting) | |
| 25 | 22 | January 12, 2023 | |
| 26 | 23 | ||
| 27 | 24 | An act to add Section 3041.8 to the Penal Code, relating to parole. | |
| 28 | 25 | ||
| 29 | 26 | LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | 28 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 32 | 29 | ||
| 33 | - | SB 81, Skinner. Parole hearings. | |
| 30 | + | SB 81, as amended, Skinner. Parole hearings. | |
| 34 | 31 | ||
| 35 | - | 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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This 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, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others, as specified. | |
| 32 | + | 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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would require the Board of Parole Hearings to notify a parole candidate with an indeterminate sentence who has been denied parole of their right to petition the court for habeas relief. relief, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety, others, as specified. | |
| 36 | 33 | ||
| 37 | 34 | 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 allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment. | |
| 38 | 35 | ||
| 39 | - | This 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, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others, as specified. | |
| 36 | + | This bill would require the Board of Parole Hearings to notify a parole candidate with an indeterminate sentence who has been denied parole of their right to petition the court for habeas relief. relief, as specified. The bill would authorize 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 a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety, others, as specified. | |
| 40 | 37 | ||
| 41 | 38 | ## Digest Key | |
| 42 | 39 | ||
| 43 | 40 | ## Bill Text | |
| 44 | 41 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 46 | 43 | ||
| 47 | 44 | The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | 46 | ## The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | - | SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 48 | + | SECTION 1. Section 3041.8 is added to the Penal Code, to read:3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. Section 3041.8 is added to the Penal Code, to read: | |
| 54 | 51 | ||
| 55 | 52 | ### SECTION 1. | |
| 56 | 53 | ||
| 57 | - | 3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 54 | + | 3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 58 | 55 | ||
| 59 | - | 3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 56 | + | 3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 60 | 57 | ||
| 61 | - | 3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 58 | + | 3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus.(b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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.(b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request.(c) 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 a petition for writ of habeas corpus filed pursuant to this section.(d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider.(e)The court shall transmit its decision to the Board of Parole Hearings. | |
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | ||
| 65 | - | 3041.8. (a) Upon the denial of parole to a parole candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus. | |
| 62 | + | 3041.8. (a) Upon the denial of parole to a parole candidate with an indeterminate sentence, candidate, following a parole consideration hearing, the Board of Parole Hearings shall notify the parole candidate of their right to petition for habeas relief from a court. right, after completion of all applicable review periods, to petition a court for a writ of habeas corpus. | |
| 63 | + | ||
| 64 | + | (b)A parole candidate may petition a court for relief after a denial of parole by petition for writ of habeas corpus. The parole candidate may request the assistance of counsel for this purpose.The court may 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. | |
| 65 | + | ||
| 66 | + | ||
| 66 | 67 | ||
| 67 | 68 | (b) The parole candidate may request that the court appoint counsel for the purpose of preparing the petition. The court may appoint counsel upon this request. | |
| 68 | 69 | ||
| 69 | 70 | (c) 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 a petition for writ of habeas corpus filed pursuant to this section. | |
| 70 | 71 | ||
| 71 | - | (d) The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations as to what evidence the Board of Parole Hearings may consider. | |
| 72 | + | (d) A court reviewing a decision to deny parole shall exercise its independent judgment on the decision. The court shall uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to public safety as defined in subdivision (c) of Section 1170.18. The court may make this determination based on the record that was before the Board of Parole Hearings at the time of the denial. The admission of evidence in the court hearing shall be governed by the Evidence Code. The court may order whatever relief as the case may require, including others. If the court finds the parole denial was not supported by a preponderance of the evidence, the court may issue an order for a new parole hearing, with or without limitations on as to what evidence the Board of Parole Hearings may consider. | |
| 73 | + | ||
| 74 | + | (e)The court shall transmit its decision to the Board of Parole Hearings. |