Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE BOARD OF PRISON TERMS has requested an opinion on the following question: May the Board of Prison Terms schedule the parole hearing of a person sentenced to state prison for attempted first degree murder beyond two years from the date of his or her last hearing? CONCLUSION The Board of Prison Terms may not schedule the parole hearing of a person sentenced to state prison for attempted first degree murder beyond two years from the date of his or her last hearing. ANALYSIS The Board of Prison Terms ("Board") normally holds annual parole hearings in order to determine when persons imprisoned in the state prisons may "go upon parole outside the prison walls and enclosures." (Pen. Code, § 3040 .) 1 However, two exceptions allow for the scheduling of parole hearings beyond the yearly review; one exception authorizes a delay of up to five years between parole hearings. Section 3041.5 provides: "(a) At all hearings for the purpose of reviewing a prisoner's parole suitability, or the setting, postponing, or rescinding of parole dates, the following shall apply: "(1) At least 10 days prior to any hearing by…