The Board of Parole Hearings proposed BPH RN 22-01 regulations regarding videoconferencing proceedings of parole hearings violate victims’ rights under California law, as a victim who attends and participates in the parole hearing process.

These regulations are unnecessarily burdensome and cause stress to victims as they scramble to ensure they meet new deadlines as required in the emergency regulations and now proposed in the regulations the CDC wants to make permanent.  Since parole hearings are now being held virtually through videoconferencing there is no longer a need to prepare background checks and gate clearances for victims participating in parole hearings.  With the use of videoconferencing, all that is needed is a list of eligible individuals who wish to participate in a parole hearing so they can be provided the necessary links to the hearing.  The use of videoconferencing and the elimination of the need to conduct background checks associated with parole hearings contradict the need for the additional time victims are being asked to provide notice of their desire to exercise their rights under California law and participate in the parole hearing process.

The need for earlier notice from victims to participate in the parole hearing process is questionable given the fact that under prior rules,  victims were asked to provide at least 7 days notice in order to get necessary background checks done in order to participate.  With background checks eliminated because of the use of videoconferencing why is there a need for 15 and 30 day advance participation notices?  

The proposed regulations also redefine who is a victim, a victim’s next of kin and a member of the victim’s family in a way that violates the rights of crime victims guaranteed under the California Constitution and statutory law. The California Constitution defines a victim and any regulation that attempts to restrict that definition is illegal and unacceptable.

If more advanced notice for victim participation in the parole hearing process is needed, The Board should adopt a rule that equalizes and makes the notice requirement consistent for all victims, survivors, family members and victim support and victim representatives.  A 15 day advance notice requirement across the board will reduce the level of stress, anxiety and confusion that the proposed regulations currently cause victims.  

Additionally, it would be appropriate for a good cause exception to the advanced notice requirement for victims be included to account for situations and circumstances beyond control that cause victims to miss the notice deadline.  In several places in the proposed regulations, accommodations are made for inmates where there are circumstances that occur that are beyond the control of the inmate.  As victims we are entitled to the same type of consideration.