SB 391

Bill Subjects

Abstract

Existing law generally provides for the release of inmates from prison on parole. Existing law requires, in the case of any inmate sentenced pursuant to any provision of law other than specified provisions of law providing for determinate sentences, that a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings meet with an inmate one year prior to the inmate's minimum eligible parole release date to set a parole release date. Existing law requires the panel, or the board if sitting en banc, to set a release date at the meeting unless it determines that the gravity of the current convicted offense or offenses, or that 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, and that a parole date cannot be fixed at the meeting. This bill would instead require the panel or board to deny parole for this class of inmate unless the inmate proves that the gravity of the current convicted offense or offenses, or that the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety does not require a more lengthy period of incarceration, and that a parole date can be fixed at the meeting. The bill would also make a related technical, nonsubstantive change. The bill would authorize the board to base its decision to deny parole solely upon the circumstances of the current convicted offense or offenses or the inmate's past criminal history, and would require the board to give greater weight and consideration to those factors than those of institutional behavior or psychiatric evaluations in determining whether the inmate has proven that he or she does not pose an unreasonable risk of danger to society if released from prison. The bill would provide that the facts of the commitment offense or offenses alone may support the ultimate conclusion that the inmate has not proven that he or she does not pose an unreasonable risk to public safety if released on parole. This bill would declare that it is to take effect immediately as an urgency statute.