At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and Section 3041.5 shall apply. The Board of Parole Hearings shall provide by rule for the invitation of the prosecutor of the county from which the inmate was committed, or his or her representative, to represent the interests of the people at the hearing. The Board of Parole Hearings shall notify the prosecutor and the Attorney General at least 30 days before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her representative, who shall not be the Attorney General, except in cases
in which the Attorney General prosecuted the case at the trial level, shall be the sole representative of the interests of the people.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1992–2026 · leading case:
Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008).
Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008).
“In addition to the factors we discuss here, the Governor' also considered the opposition of the Los Angeles County District Attorney to Hayward's release.”
In Re Arafiles, 92 Cal. Daily Op. Serv. 4640 (Cal. Ct. App. 1992).
“) At the hearing, petitioner was entitled to representation by counsel (Pen. Code, § 3041.7), to speak on his own behalf and to ask and answer questions.”
Atkins v. Davison, 687 F. Supp. 2d 964 (C.D. Cal. 2009).
“A parole release date must be set unless the panel 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…”
In re Kavanaugh (Cal. Ct. App. 2021).
“, Pen. Code, § 3041.7), in-person parole hearings (e.”
People v. Windom CA1/2 (Cal. Ct. App. 2026).
“” (Pen. Code, § 3041.7.) Thus, Windom’s claim of future possible harm, which is speculative in nature, is not without an administrative remedy, and there is no reason to suppose that the narrative in the report would mislead any administrative body into mistakenly believing that…”
Hayward v. Marshall (9th Cir. 2008).
“Even though the district attorney is permitted to attend parole hearings and express an opinion on the prisoner’s suitability for parole, see Cal. Penal Code § 3041.7 (providing that prosecutor may be present at a parole hearing “to represent the interests of the people”), the…”
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