(a)There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of Parole Hearings. As of July 1, 2005, the Board of Prison Terms is abolished.
(b)(1)The Governor shall appoint 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Except as specified in paragraph (3), commissioners shall hold office for terms of three years, each term to commence on the expiration
date of the predecessor. An 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.
(2)The terms of the commissioners shall expire as follows:
(A)Seven shall expire on July 1, 2022.
(B)Seven
shall expire on July 1,
2023.
(C)Seven shall expire on July 1, 2024.
(3)The terms of the four commissioners whose positions were created by the act that increased the number of commissioners to 21 in paragraph (1) shall begin on July 1, 2021, and shall be as follows: one commissioner’s term shall be for one year, two commissioners’ terms shall be for two years, and one commissioner’s term shall be for three years.
(4)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 orientation, gender identity, economic, and geographic features of the population of the state.
(c)The
Governor may designate a chairperson of the board periodically. The Governor shall 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 ensure that the responsibilities of the board are successfully discharged. The executive officer 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 if 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 include parole consideration hearings and parole rescission hearings.
Notes of Decisions
Cited in
42
cases (
3 in the last 5 years), 1988–2024 · leading case:
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
· cites it 2× “Cal.Penal Code § 5075(a). For ease of reference, and because both entities have performed the same duties, we refer to both as the Board of Prison Terms, the entity that considered parole for Hayward in 2002.”
In Re Rosenkrantz, 59 P.3d 174 (Cal. 2002).
· cites it 2× “V, § 2), a member of the board is appointed to a four-year term by the Governor with the advice and consent of the Senate (Pen.Code, § 5075, subd. (a)). To argue that Proposition 89 is invalid under the Garner/Morales test requires one to compare the risk that any particular…”
In Re Roderick, 65 Cal. Rptr. 3d 16 (Cal. Ct. App. 2007).
· cites it 4× “4; Pen.Code, § 5075)) as the Board. [2] Roderick has consistently maintained that it was Obie who started the fight as they left the bar.”
In Re Powell, 755 P.2d 881 (Cal. 1988).
· cites it 4× “It recommended that in the interim Powell be evaluated for potential dangerousness and for his likelihood of maintaining psychiatric gains in an unstructured setting.”
In re Lawrence, 190 P.3d 535 (Cal. 2008).
“) 24 V For the reasons discussed above, the judgment of the Court of Appeal is affirmed. Kennard, J.”
In re Palmer, 479 P.3d 782 (Cal. 2021).
“(Pen. Code, § 5075, subd. (a).) The Board’s “paramount consideration” in making release determinations remained “whether the inmate currently poses a threat to public safety.”
In re Shaputis, 190 P.3d 573 (Cal. 2008).
“(Pen. Code, § 5075, subd. (a).) For ease of reference, and because both entities have performed the same duties, we refer to both as “the Board.”
In re Mcghee, 246 Cal. Rptr. 3d 834 (Cal. Ct. App. 5th 2019).
“" Penal Code section 5075, subdivision (a) abolishes the former Board of Prison Terms and provides that any statutory reference to the Board of Prison Terms shall refer to the Board of Parole Hearings.”
Cooke v. Solis, 606 F.3d 1206 (9th Cir. 2010).
“Cal.Penal Code § 5075(a). 2 . Hayward, 603 F.”
In Re Elkins, 2006 Cal. Daily Op. Serv. 10157 (Cal. Ct. App. 2006).
“1 1Legislation effective July 2005 substituted the former Board of Prison Terms with the Board of Parole Hearings (Pen. Code, § 5075, subd. (a)), and designated the governing agency, *480 formerly the California Department of Corrections, the California Department of Corrections…”
In Re Smith, 171 Cal. App. 4th 1631 (Cal. Ct. App. 2009).
· cites it 2× “(Pen. Code, § 5075, subd. (a).) For ease of reference, and because both entities have performed the same duties, we refer to both as `the Board.”
Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008).
“Cal.Penal Code § 5075(a). 2 . At his most recent parole hearing, Hayward explained his remorse for the crime: "I feel horrible.”
— Cal. Penal Code § 5075(a) — 10 cases
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
“Cal.Penal Code § 5075(a). For ease of reference, and because both entities have performed the same duties, we refer to both as the Board of Prison Terms, the entity that considered parole for Hayward in 2002.”
Cooke v. Solis, 606 F.3d 1206 (9th Cir. 2010).
“Cal.Penal Code § 5075(a). 2 . Hayward, 603 F.”
Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008).
“Cal.Penal Code § 5075(a). 2 . At his most recent parole hearing, Hayward explained his remorse for the crime: "I feel horrible.”
— Cal. Penal Code § 5075(b) — 1 case
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