AB 1276, as amended, Bloom. Parole: juvenile offenders.
Existing law generally regulates the granting and conditioning of parole, and places the duty to monitor parolees on the Department of Corrections and Rehabilitation, Division of Adult Parole Operations. Existing law specifies the procedures that the Board of Parole Hearings must follow in granting, denying, or revoking parole.
This bill would require, except as otherwise provided by law, a person who was convicted of a nonhomicide offense that was committed before the person had attained 18 years of age to bebegin delete given a meaningful opportunity for parole or other form of supervised release after having served 25 years in state prisonend deletebegin insert eligible for consideration for parole after
serving 25 years in state prison. The bill would state that it is the intent of the Legislature to provide a meaningful opportunity to obtain release according to the standards set forth by the California Supreme Court in People v. Caballeroend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3051 is added to the Penal Code, to read:
begin insert(a)end insertbegin insert end insert Except as otherwise provided by law, a person who
2was convicted of a nonhomicide offense that was committed before
3the person had attained 18 years of age shallbegin delete be given, not less begin insert be
eligible for
4than once, after having served 25 years in state prison, and
5thereafter as specified in Section 3041.5, a meaningful opportunity
6for parole or other form of supervised release. Thisend delete
7consideration for parole pursuant to this article after serving 25
8years in state prison. Subsequent parole hearings shall be set
9according to Section 3041.5.end insert
10(b) It is the intent of the Legislature to provide a meaningful
11opportunity to obtain release according to the standards set forth
12by the California Supreme Court in People v. Caballero (2012)
1355 Cal.4th 262.
14begin insert(c)end insertbegin insert end insertbegin insertThisend insert section does not prohibit the
imposition of a life
15sentence for juveniles convicted of homicide and does not prohibit
16or modify the parole procedures for adult offenders. This section
17does not limit the access of juvenile offenders to other programs
18and appeals that they were eligible for prior to the enactment of
19this section.
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