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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-22</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-11</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Jones</ns0:AuthorText>
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<ns0:Name>Jones</ns0:Name>
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<ns0:Title> An act to amend Section 11126 of the Government Code, and to amend Sections 3041 and 3041.1 of the Penal Code, relating to parole.</ns0:Title>
<ns0:RelatingClause>parole</ns0:RelatingClause>
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<ns0:Subject>Parole: closed session.</ns0:Subject>
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<html:p>Existing law requires the Board of Parole Hearings to meet with each indeterminately sentenced inmate during the 6th year before the inmate’s minimum eligible parole date for the purpose of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. One year before the inmate’s minimum eligible parole date, existing law requires a panel of the board to meet with the inmate and to grant parole unless the panel or board sitting en banc determines that the gravity of the current convicted offense, or the timing and gravity of current or past convicted offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for the inmate. In certain circumstances, the board will conduct an en banc review, defined as a review conducted by a
majority of commissioners holding office on the date the matter is heard by the board, and existing law specifies how the en banc review is required to be conducted. Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole and, if a request has been made, existing law requires the request to be reviewed by a majority of commissioners, as specified. </html:p>
<html:p>This bill would instead require that all commissioners participate in an en banc review and a request for review made by the Governor. The bill would also require the en banc review decision and the vote of each commissioner to be a public record.</html:p>
<html:p>Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.
Existing law authorizes certain state bodies to hold closed session meetings for certain purposes, including allowing a state body to hold a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case.</html:p>
<html:p>This bill would prohibit an en banc review conducted by the board from being held in a closed session.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 11126 of the
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is amended to read:
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<ns0:Num>11126.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a
regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
</html:p>
<html:p>
(3)
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The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
</html:p>
<html:p>
(4)
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Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of this section, “employee” does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered
employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory
body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicant’s qualifications for licensure and an inquiry specifically related to the state body’s enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An en banc review conducted by the Board of Parole Hearings pursuant to subdivision (e) of Section 3041 of the Penal Code shall not be held in a closed session.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
However, prior to the closed session, the
state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, the negotiator may be a member of the state body.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, “lease” includes renewal or renegotiation of a lease.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary
Education Commission.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Prevent the Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Bureau for Private Postsecondary Education.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose
of this provision is to maintain the confidentiality of the assessments under review.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After meeting in
closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters
pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicant’s qualifications for certification.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2028.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first
providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authority’s public notice list or by posting on the California Earthquake Authority’s website, before reconvening in open session
pursuant to subparagraph (C).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commission’s jurisdiction are changed shall be open and public.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would
prejudice the position of the state body in the litigation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A point has been reached where, in the opinion of the state body on the advice of its legal counsel,
based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In addition to subdivisions (a), (b), and (c), nothing in this article shall be
construed to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code
from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicant’s qualifications.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly
could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Prevent the State Board of Equalization from holding closed sessions for either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This article does not prevent either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Teachers’ Retirement Board or the Board of
Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers’ Retirement System or the Public Employees’ Retirement System.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This article does not prevent the Board of Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division
5.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
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<html:p>
(j)
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Nothing in this article shall be construed to prevent the board
of the State Compensation Insurance Fund from holding closed sessions in the following:
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<html:p>
(1)
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When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
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(2)
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To the extent that matters related to audits and investigations that have not been completed would be disclosed.
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<html:p>
(3)
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To the extent that an internal audit containing proprietary information would be disclosed.
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<html:p>
(4)
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To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
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<html:p>
(k)
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The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 3041 of the
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is amended to read:
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<ns0:Num>3041.</ns0:Num>
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<html:p>
(a)
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(1)
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In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmate’s minimum eligible parole date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to their suitability or unsuitability for parole, and individualized recommendations for the inmate
regarding
their work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing.
</html:p>
<html:p>
(2)
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One year before the inmate’s minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner.
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<html:p>
(3)
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In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e).
</html:p>
<html:p>
(4)
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Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching their minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to their youth offender parole eligibility date or elderly parole eligible date.
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<html:p>
(5)
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At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to
do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate.
</html:p>
<html:p>
(b)
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(1)
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The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or 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 for this individual.
</html:p>
<html:p>
(2)
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After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that
period, the board may review the panel’s decision. The panel’s decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel’s decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing.
</html:p>
<html:p>
(3)
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A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting.
</html:p>
<html:p>
(c)
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For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated
under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of
their term as calculated under Section 1170.2.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the
above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, an en banc review by the board means a review conducted by all commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following:
</html:p>
<html:p>
(1)
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The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote.
</html:p>
<html:p>
(2)
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The review shall be limited to the record of the
hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding.
</html:p>
<html:p>
(3)
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The board shall separately state reasons for its decision to grant or deny parole. The decision and the vote of each commissioner shall be a public record.
</html:p>
<html:p>
(4)
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A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 3041.1 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>3041.1.</ns0:Num>
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<html:p>
(a)
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Any time before an inmate’s release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a request has been made, the request shall be reviewed by all commissioners specifically appointed to hear adult
parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of all commissioners shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter.
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