2009 California Penal Code - Section 5075-5081 :: Chapter 3. The Board Of Parole Hearings

PENAL CODE
SECTION 5075-5081

5075.  (a)  Commencing July 1, 2005, there is hereby created the
Board of Parole Hearings. As of July 1, 2005, any reference to the
Board of Prison Terms in this or any other code refers to the Board
of Parole Hearings. As of that date, the Board of Prison Terms is
abolished.
   (b) The Governor shall appoint 17 commissioners, subject to Senate
confirmation, pursuant to this section. Of those 17 commissioners,
12 shall be appointed and trained to hear only adult matters, and
five shall be appointed and trained to hear only juvenile matters.
The terms of the commissioners shall expire as follows: eight on July
1, 2007, and nine on July 1, 2008. Successor commissioners shall
hold office for terms of three years, each term to commence on the
expiration date of the predecessor. Any appointment to a vacancy that
occurs for any reason other than expiration of the term shall be for
the remainder of the unexpired term. Commissioners are eligible for
reappointment. The selection of persons and their appointment by the
Governor and confirmation by the Senate shall reflect as nearly as
possible a cross section of the racial, sexual, economic, and
geographic features of the population of the state.
   (c) The chair of the board shall be designated by the Governor
periodically. The Governor may appoint an executive officer of the
board, subject to Senate confirmation, who shall hold office at the
pleasure of the Governor. The executive officer shall be the
administrative head of the board and shall exercise all duties and
functions necessary to insure that the responsibilities of the board
are successfully discharged. The secretary shall be the appointing
authority for all civil service positions of employment with the
board.
   (d) Each commissioner shall participate in hearings on each
workday, except when it is necessary for a commissioner to attend
training, en banc hearings or full board meetings, or other
administrative business requiring the participation of the
commissioner. For purposes of this subdivision, these hearings shall
include parole consideration hearings, parole rescission hearings,
and parole progress hearings.

5075.1.   The Board of Parole Hearings shall do all of the
following:
   (a) Conduct parole consideration hearings, parole rescission
hearings, and parole progress hearings for adults and juveniles under
the jurisdiction of the department.
   (b) Conduct mentally disordered offender hearings.
   (c) Conduct sexually violent predator hearings.
   (d) Review inmates' requests for reconsideration of denial of
good-time credit and setting of parole length or conditions, pursuant
to Section 5077.
   (e) Determine revocation of parole for adult offenders under the
jurisdiction of the Division of Adult Parole Operations, pursuant to
Section 5077.
   (f) Carry out the functions described in Section 1719 of the
Welfare and Institutions Code, and make every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the Department of Corrections and Rehabilitation.
   (g) Conduct studies pursuant to Section 3150 of the Welfare and
Institutions Code.
   (h) Investigate and report on all applications for reprieves,
pardons, and commutation of sentence, as provided in Title 6
(commencing with Section 4800) of Part 3.
   (i) Exercise other powers and duties as prescribed by law.
   (j) Effective January 1, 2007, all commissioners appointed and
trained to hear juvenile parole matters, together with their duties
prescribed by law as functions of the Board of Parole Hearings
concerning wards under the jurisdiction of the Department of
Corrections and Rehabilitation, are transferred to the Chief Deputy
Secretary for Juvenile Justice. All applicable regulations in effect
at the time of transfer shall be deemed to apply to those
commissioners until new regulations are adopted.

5075.5.  All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
prisoners or the setting of a parole release date for prisoners,
shall receive initial training on domestic violence cases and
intimate partner battering and its effects.

5075.6.  (a) (1) Commissioners and deputy commissioners hearing
matters pursuant to subdivision (f) of Section 5075.1, or any other
matter involving wards under the jurisdiction of the Division of
Juvenile Facilities, shall have a broad background in, and ability
for, appraisal of youthful law offenders and delinquents, the
circumstances of delinquency for which those persons are committed,
and the evaluation of an individual's progress toward reformation.
Insofar as practicable, commissioners and deputy commissioners
selected to hear these matters also shall have a varied and
sympathetic interest in youth correction work and shall have
experience or education in the fields of corrections, sociology, law,
law enforcement, mental health, medicine, drug treatment, or
education.
   (2) Within 60 days of appointment and annually thereafter,
commissioners and deputy commissioners described in subdivision (a)
shall undergo a minimum of 40 hours of training in the following
areas:
   (A) Treatment and training programs provided to wards at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and sex offender
treatment programs.
   (B) Current national research on effective interventions with
juvenile offenders and how they compare to department program and
treatment services.
   (C) Parole Services.
   (D) Commissioner duties and responsibilities.
   (E) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
wards.
   (F) Factors influencing ward lengths of stay and ward recidivism
rates and their relationship to one another.
   (b) (1) Commissioners and deputy commissioners hearing matters
concerning adults under the jurisdiction of the Department of
Corrections and Rehabilitation shall have a broad background in
criminal justice and an ability for appraisal of adult offenders, the
crimes for which those persons are committed, and the evaluation of
an individual's progress toward reformation. Insofar as practicable,
commissioners and deputy commissioners shall have a varied interest
in adult correction work, public safety, and shall have experience or
education in the fields of corrections, sociology, law, law
enforcement, medicine, mental health, or education.
   (2) All commissioners and deputy commissioners who conduct
hearings for the purpose of considering the parole suitability of
inmates, the setting of a parole release date for inmates, or the
revocation of parole for adult parolees, shall, within 60 days of
appointment and annually thereafter undergo a minimum of 40 hours of
training in the following areas:
   (A) Treatment and training programs provided to inmates at
Department of Corrections and Rehabilitation institutions, including,
but not limited to, educational, vocational, mental health, medical,
substance abuse, psychotherapeutic counseling, and sex offender
treatment programs.
   (B) Parole services.
   (C) Commissioner duties and responsibilities.
   (D) Knowledge of laws and regulations applicable to conducting
parole hearings, including the rights of victims, witnesses, and
inmates.

5076.  Each commissioner of the board shall devote his entire time
to the duties of his office and shall receive an annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.

5076.1.  (a) The board shall meet at each of the state prisons and
facilities under the jurisdiction of the Division of Juvenile
Facilities. Meetings shall be held at whatever times may be necessary
for a full and complete study of the cases of all inmates and wards
whose matters are considered. Other times and places of meeting may
also be designated by the board. Each commissioner of the board shall
receive his or her actual necessary traveling expenses incurred in
the performance of his or her official duties. Where the board
performs its functions by meeting en banc in either public or
executive sessions to decide matters of general policy, at least nine
members shall be present, and no action shall be valid unless it is
concurred in by a majority vote of those present.
   (b) The board may use deputy commissioners to whom it may assign
appropriate duties, including hearing cases and making decisions.
Those decisions shall be made in accordance with policies approved by
a majority of the total membership of the board.
   (c) The board may meet and transact business in panels. Each panel
shall consist of two or more persons, subject to subdivision (d) of
Section 3041. No action shall be valid unless concurred in by a
majority vote of the persons present. In the event of a tie vote, the
matter shall be referred to a randomly selected committee, comprised
of a majority of the commissioners specifically appointed to hear
adult parole matters and who are holding office at the time.
   (d) When determining whether commissioners or deputy commissioners
shall hear matters pursuant to subdivision (f) of Section 5075.1, or
any other matter submitted to the board involving wards under the
jurisdiction of the Division of Juvenile Facilities, the chair shall
take into account the degree of complexity of the issues presented by
the case. Any decision resulting in the extension of a parole
consideration date shall entitle a ward to appeal the decision to a
panel comprised of two or more commissioners, of which no more than
one may be a deputy commissioner. The panel shall consider and act
upon the appeal in accordance with rules established by the board.
   (e) Consideration of parole release for persons sentenced to life
imprisonment pursuant to subdivision (b) of Section 1168 shall be
heard by a panel of two or more commissioners or deputy
commissioners, of which only one may be a deputy commissioner. A
recommendation for recall of a sentence under subdivisions (d) and
(e) of Section 1170 shall be made by a panel, a majority of whose
commissioners are commissioners of the Board of Parole Hearings.

5076.2.  (a) Any rules and regulations, including any resolutions
and policy statements, promulgated by the Board of Prison Terms,
shall be promulgated and filed pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall, to the extent practical, be stated in
language that is easily understood by the general public.
   (b) The Board of Prison Terms shall maintain, publish and make
available to the general public, a compendium of its rules and
regulations, including any resolutions and policy statements,
promulgated pursuant to this section.
   (c) The exception specified in this subdivision to the procedures
specified in this section shall apply to the Board of Prison Terms.
The chairperson may specify an effective date that is any time more
than 30 days after the rule or regulation is filed with the Secretary
of State. However, no less than 20 days prior to that effective
date, copies of the rule or regulation shall be posted in conspicuous
places throughout each institution and shall be mailed to all
persons or organizations who request them.

5076.3.  The Chairman of the Board of Prison Terms shall have the
authority of a head of a department set forth in subdivision (e) of
Section 11181 of the Government Code to issue subpoenas as provided
in Article 2 (commencing with Section 11180) of Chapter 2 of Division
3 of Title 2 of the Government Code. The board shall adopt
regulations on the policies and guidelines for the issuance of
subpoenas.

5077.   The Board of Prison Terms shall review the prisoners'
requests for reconsideration of denial of good-time credit, and
setting of parole length or conditions, and shall have the authority
to modify the previously made decisions of the Department of
Corrections as to these matters. The revocation of parole shall be
determined by the Board of Prison Terms.

5078.  (a) The Board of Prison Terms shall succeed to and shall
exercise and perform all powers and duties granted to, exercised by,
and imposed upon the Adult Authority, the California Women's Board of
Terms and Paroles, and the Community Release Board.
   (b) The Adult Authority and California Women's Board of Terms and
Paroles are abolished.

5079.  The Director of Corrections shall provide facilities and
licensed professional personnel for a psychiatric and diagnostic
clinic and such branches thereof as may be required at one or more of
the state prisons or institutions under the jurisdiction of the
Department of Corrections. The director shall have full
administrative authority and responsibility for operation of the
clinics. All required mental health treatment or diagnostic services
shall be provided under the supervision of a psychiatrist licensed to
practice in this state, or a psychologist licensed to practice in
this state and who holds a doctoral degree and has at least two years
of experience in the diagnosis and treatment of emotional and mental
disorders. All such clinics shall be under the direction of such a
psychiatrist or psychologist. A psychiatrist shall be available to
assume responsibility for all acts of diagnosis or treatment which
may only be performed by a licensed physician and surgeon.
   The work of the clinic shall include a scientific study of each
prisoner, his or her career and life history, the cause of his or her
criminal acts and recommendations for his or her care, training, and
employment with a view to his or her reformation and to the
protection of society. The recommendation shall be submitted to the
Director of Corrections and shall not be effective until approved by
the director. The Director of Corrections may modify or reject the
recommendations as he or she sees fit.

5080.  The Director of Corrections may transfer persons confined in
one state prison institution or facility of the Department of
Corrections to another. The Board of Prison Terms may request the
Director of Corrections to transfer an inmate who is under its
parole-granting jurisdiction if, after review of the case history in
the course of routine procedures, such transfer is deemed advisable
for the further diagnosis, and treatment of the inmate. The director
shall as soon as practicable comply with such request, provided that,
if facilities are not available he shall report that fact to the
Board of Prison Terms and shall make the transfer as soon as
facilities become available; provided further, that if in the opinion
of the Director of Corrections such transfer would endanger security
he may report that fact to the Board of Prison Terms and refuse to
make such transfer.
   When transferring an inmate from one state prison, institution, or
facility of the Department of Corrections to another, the director
may, as necessary or convenient, authorize transportation via a route
that lies partly outside this state.

5081.  The Governor may remove any member of the Board of Prison
Terms for misconduct, incompetency or neglect of duty after a full
hearing by the Board of Corrections.


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