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Marginalia
Code · California · Penal Code

§ 5076.1

385 words·~2 min read·/ca/penal-code/5076-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The board shall meet at each of the state prisons and facilities under the jurisdiction of the Division of Adult Institutions. Meetings shall be held at whatever times may be necessary for a full and complete study of the cases of all inmates whose matters are considered. Other times and places of meeting may also be designated by the board. Each commissioner of the board shall receive their actual necessary traveling expenses incurred in the performance of their official duties. Where the board performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, a majority of commissioners holding office on the date the matter is heard shall be present, and no action shall be valid unless it is concurred in by a majority vote of those present.
(b)The board may use deputy commissioners to whom it may assign appropriate duties, including hearing cases and making decisions. Those decisions shall be made in accordance with policies approved by a majority of commissioners holding office.
(c)The board may meet and transact business in panels. Each panel shall consist of two or more persons, subject to subdivision
(d)of Section 3041. No action shall be valid unless concurred in by a majority vote of the persons present. In the event of a tie vote, the matter shall be referred for en banc review by the board. The commissioners conducting the review shall consider the full record that was before the panel that resulted in the tie vote. The review shall be limited to the full record that was before the panel that resulted in the tie vote. New evidence or comment shall not be considered in the en banc proceeding. A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
(d)Consideration of parole release for persons sentenced to life imprisonment pursuant to subdivision
(b)of Section 1168 shall be heard by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner. A recommendation for recall of a sentence under Section 1172.1 shall be made by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner.
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