(a) (1) In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before the hearing to file with the board a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium accepted by a court pursuant to Section 1191.15 or by the board, expressing his or her views concerning the crime and the person responsible. The statement may be personal messages from the person to the board made at any time or may be a statement made pursuant to Section 1191.16, or a combination of both, except that any statement provided by a representative designated by the victim or next of kin shall be limited to comments concerning the effect of the crime on the victim.
(2) A representative designated by the victim or the victim’s next of kin for purposes of this section must be either a family or household member of the victim.
(3) The board shall consider any statement filed prior to reaching a decision, and shall include in its report a statement of whether the person would pose a threat to public safety if released on parole.
(b) Whenever an audio or video statement or a statement stored on a CD-ROM, DVD, or other medium is filed with the board, a written transcript of the statement shall also be provided by the person filing the statement.
(c) Nothing in this section shall be construed to prohibit the prosecutor from representing to the board the views of the victim, his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the board shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.
(Amended by Stats. 2015, Ch. 470, Sec. 9. (SB 230) Effective January 1, 2016.)
Last modified: October 25, 2018