BILL ANALYSIS Ó
AB 898
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
898 (Gonzalez)
As Amended June 21, 2016
Majority vote
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|ASSEMBLY: |78-0 |(January 27, |SENATE: | 39-0 |(August 1, 2016) |
| | |2016) | | | |
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Original Committee Reference: PUB. S.
SUMMARY: Provides that when an inmate who was convicted of the
murder of a firefighter becomes eligible for a
parole-suitability hearing, the Board of Parole Hearings (BPH)
or the California Department of Corrections and Rehabilitation
(CDCR) must give written notice of the hearing to the department
that had employed the deceased firefighter.
The Senate amendments provide that the required notice can be
sent either by the BPH or CDCR.
EXISTING LAW:
1)Requires the BPH to send written notice to each of the
following persons before it meets to consider the parole
suitability or setting of a parole date of an inmate serving a
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life sentence:
a) The superior court judge before whom the prisoner was
tried and convicted;
b) The attorney who represented the defendant at trial;
c) The district attorney of the county in which the offense
was committed;
d) The law enforcement agency that investigated the case;
and,
e) If the prisoner was convicted of the murder of a peace
officer, the law enforcement agency which had employed that
officer at the time of the murder.
2)Provides that these entities must be notified at least 30 days
before the BPH meets to review or consider the parole
suitability or the setting of a parole date.
3)Allows the entities who receive notice of the
parole-suitability hearing to submit information to the BPH
for its consideration.
4)Requires the BPH to review and consider all information
received from the judge and these other persons, and to
consider adjusting the terms or conditions of parole to
reflect the comments or concerns raised by this information.
5)Requires the BPH to provide the victim 90-days' notice of an
upcoming parole-suitability hearing, if he or she requests
that notice be given.
6)Allows the victim to personally appear at the suitability
hearing or to submit a recorded statement expressing his or
her views.
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7)States that any person interested in the grant or denial of
parole may submit a statement supporting or opposing parole
and that such statements must be considered by the hearing
panel.
8)Requires the Director of the California Department of
Corrections and Rehabilitation to give written notice to the
State Fire Marshal, and all police departments and the sheriff
in the county in which the person was convicted before
releasing an inmate convicted of arson.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
AS PASSED BY THE ASSEMBLY, this bill:
1)Added a murdered firefighter's former fire department employer
to the list of persons that the BPH must notify of a
parole-suitability hearing.
2)Made technical, non-substantive changes.
COMMENTS: 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
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to contain deadly wildfires, some caused by malicious human
intention.
"Under California law, arson is defined as the 'willful and
malicious burning of property' and is often charged as a felony
crime as a result of its destructive and deadly nature.
According to the California Department of Justice, 37,128 arson
crimes were reported from 2010 to 2014 in California. Arson
isn't a victimless crime since it can take the lives of people
and our firefighters.
"It is only appropriate that in these limited instances, a
former employing fire department be extended the same
notification courtesy as local law enforcement agencies when
dealing with the possible parole of a prisoner convicted of
murdering a firefighter. The notification requirement proposed
by AB 898 will provide an appropriate opportunity for the fire
department 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."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0003648