BILL ANALYSIS Ó
AB 898
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Date of Hearing: January 21, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
898 (Gonzalez) - As Amended January 13, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill provides that if an inmate who was convicted of the
murder of a firefighter becomes eligible for a
parole-suitability hearing, the Board of Parole Hearings (BPH)
must notify the deceased firefighter's former fire department
AB 898
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employer of the hearing, if the department registers with the
BPH and provides the necessary contact information.
FISCAL EFFECT:
Minor costs to the BPH (GF) to provide the required written
notification to the appropriate fire department.
COMMENTS:
1)Purpose. According to the author, "AB 898 will ensure that a
murdered firefighter's former employer is included in the
notification process administered by the Board of Parole
Hearings, which is already in place for the former employer of
a murdered peace officer.
Firefighters are a vital part of our public safety community
in California since they constantly risk their lives in order
to ensure the safety of others. They face similar stress and
risk just like their law enforcement colleagues face while
on-duty, which can result in loss of life. Moreover, parts of
California are often under a state of emergency and thousands
of people have been forced to evacuate their homes as fire
crews struggle to contain deadly wildfires, some caused by
malicious human intention.
The notification requirement proposed by AB 898 will provide
an appropriate opportunity for the fire department, together
with the victim's family and the surrounding community, to
reflect on the actions of the individual and voice their
opinion about a prisoner remaining behind bars or being
released back into their community."
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2)Background. Inmates serving indeterminate life sentences, for
murder, that include the possibility of parole are not
entitled to parole, but are entitled to be considered for
parole at a parole-suitability hearing. The BPH has exclusive
authority to determine parole suitability, and suitability
must first be found before a parole date is set. The BPH is
required to send 30-days written notice to parties involved in
the prosecution, such as the judge, district attorney, defense
attorney and investigating law enforcement agency, and, if the
victim was a peace officer, the law enforcement agency that
had employed that officer at the time of the murder. These
parties are allowed to submit information to the BPH for
consideration.
The BPH is required to provide victims a 90-day notice of an
upcoming parole-suitability hearing, if a request is made that
notice be provided. The victim is entitled to make a
statement at the hearing, or may submit a written or recorded
message instead.
The BPH may adjust the terms and conditions of parole to
reflect concerns raised by various parties. However, in
determining suitability, the overriding concern is whether the
inmate poses a current threat to public safety. Under current
law, the employer of a murdered firefighter may already submit
expressing its views on the grant of parole.
AB 898 will require notification of the employer fire
department if the department registers with the BPH and
provides the appropriate contact information. The cost to the
BPH will be absorbable since the universe of these cases is
small and the fire department will have provided the necessary
information prior to a parole-suitability hearing.
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Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081