§ 5075
401 words·~2 min read·
/ca/penal-code/5075A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.