California SB 906

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. 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. 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. This bill would prohibit an en banc review conducted by the board from being held in a closed session.