Parole: hearings: review.

Existing law provides that, one year prior to the minimum eligible parole release date of an inmate serving an indeterminate sentence, a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings shall meet with the inmate and set a parole release date, as specified. Existing law provides that in the event of a tie vote, the matter shall be referred to the board for an en banc hearing, as specified. This bill would, instead, provide that in the event of a tie vote, the matter shall be referred to the board for an en banc review limited to the record, as specified, that was before the panel that rendered the tie vote. The bill would require the board to vote, upon the en banc review of the record, to either grant or deny parole and render a statement of decision. The bill would require the board to separately state reasons for its decision to grant or deny parole. The bill would require that the commissioners involved in the tie vote be recused from consideration of the matter in the en banc review. Existing law, as amended by Proposition 9, the Victim's Bill of Rights Act of 2008: Marsy's Law, of the November 4, 2008, statewide general election, establishes procedures at all hearings for the purpose of reviewing a prisoner's parole suitability, or the setting, postponing, or rescinding of parole dates, and provides prisoners and victims specified rights at these hearings. This bill would exempt en banc reviews of tie votes from these provisions. Proposition 9 permits the Legislature, by a statute enacted by a vote of 34 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. Because this bill would eliminate these en banc hearings and exempt en banc reviews from the application of this act's statutory provisions, it would require a 34 vote of the Legislature.