CA SB81

Board of Parole Hearings must notify parole candidates denied parole of their right to petition a court for a writ of habeas corpus after completing applicable review periods.

Courts may appoint counsel to parole candidates who request it for purposes of preparing a habeas corpus petition.

Parole candidates who have reached their minimum eligible parole date, youth parole eligible date, or elderly parole eligible date and been denied parole have established a prima facie case for relief that cannot be summarily denied.

Courts reviewing parole denials may only uphold the denial if they find by a preponderance of the evidence that the person presents a current, unreasonable risk of danger to others.

If a court finds the parole denial was not supported by a preponderance of the evidence, the court may order a new parole hearing with or without limitations on what evidence the Board may consider.