In re Bode
Opinion
Lead Opinion
Stevens, J.
In this matter we hold there is no 30-day deadline for providing a life prisoner with a transcript of his parole hearing.
Penal Code section 3042, subdivision (b) 1 (hereafter, section 3042(b)) requires that members of the public, not prisoners, must be provided a transcript of a parole hearing, at least 30 days before the release of any prisoner, and within 30 days after the parole hearing itself. However, this statutory requirement was designed to protect the public prior to the release of a prisoner, and does not apply to unsuccessful prisoner petitioners such as the respondent on this appeal, Clifton A. Bode, whose application for parole has been denied.
*1004 By contrast, section 3041.5, which does govern the rights of life prisoners such as Bode, requires only that a transcript be provided to the prisoner, and does not impose a 30-day deadline. There is no statute requiring that a prisoner receive a transcript within 30 days. We therefore reverse the ruling of the trial court, which had held to the contrary.
I. Facts and Procedural History
The relevant facts are not in dispute.
Respondent on appeal Clifton A. Bode was convicted of first degree murder and is…