BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1276
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        ASSEMBLY THIRD READING
        AB 1276 (Bloom)
        As Amended  May 24, 2013
        Majority vote 

         PUBLIC SAFETY       5-2         APPROPRIATIONS      12-5        
         
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        |Ayes:|Ammiano, Jones-Sawyer,    |Ayes:|Gatto, Bocanegra,         |
        |     |Mitchell, Quirk, Skinner  |     |Bradford,                 |
        |     |                          |     |Ian Calderon, Campos,     |
        |     |                          |     |Eggman, Gomez, Hall,      |
        |     |                          |     |Ammiano, Pan, Quirk,      |
        |     |                          |     |Weber                     |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Melendez, Waldron         |Nays:|Harkey, Bigelow,          |
        |     |                          |     |Donnelly, Linder, Wagner  |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Provides a parole mechanism for a person convicted of a  
        non-homicide offense that was committed before the person had  
        attained 18 years of age.  Specifically,  this bill  :

        1)States that if the person was sentenced to 40 years or more of  
          imprisonment, the person shall be eligible for consideration for  
          parole after serving 25 years in prison.

        2)Specifies if the person was sentenced to less than 40 years of  
          imprisonment, the person shall be eligible for consideration for  
          parole after serving 20 years in state prison.

        3)States legislative intent to provide a meaningful opportunity to  
          obtain release according to the standards set forth by the  
          California Supreme Court in People v. Caballero (2012) 55 Cal.4th  
          262.

        4)Provides that subsequent parole hearings shall be set according to  
          15-, 10-, 7-, 5-, and 3-year denial lengths under existing law.

         EXISTING LAW  :

        1)Provides that minors age 14 and older can be subject to  
          prosecution in adult criminal court depending upon their alleged  








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          offense and their criminal offense history.  

        2)Provides that a minor within the jurisdiction of the juvenile  
          delinquency court may be sentenced to the Department of Juvenile  
          Facilities or tried as an adult, as specified, if he or she has  
          been charged with one of the following:  murder; arson, as  
          specified; robbery; rape with force, violence, or threat of great  
          bodily harm; sodomy by force, violence, duress, menace, or threat  
          of great bodily harm; a lewd or lascivious act on a person under  
          the age of 14; oral copulation by force, violence, duress, menace,  
          or threat of great bodily harm; forcible sexual penetration, as  
          specified; kidnapping for ransom; kidnapping for purposes of  
          robbery; kidnapping with bodily harm; attempted murder; assault  
          with a firearm or destructive device;  assault by any means of  
          force likely to produce great bodily injury; discharge of a  
          firearm into an inhabited or occupied building; a specified  
          violent crime against a person over the age of 60; use of a  
          firearm in a crime, as specified; a felony offense in which the  
          minor personally used a weapon specified in existing law; a felony  
          offense of intimidating or dissuading a witness; manufacturing,  
          compounding, or selling one-half ounce or more of a salt or  
          solution of a depressant listed as a controlled substance; a  
          violent felony or gang crime, as specified; escape, by the use of  
          force or violence, from a county juvenile hall, home, ranch, camp,  
          or forestry camp, as specified, if great bodily injury is  
          intentionally inflicted upon an employee of the juvenile facility  
          during the commission of the escape; torture; aggravated mayhem;  
          carjacking, while armed with a dangerous or deadly weapon;  
          kidnapping for purposes of sexual assault; kidnapping during the  
          commission of a carjacking; discharging a firearm into a vehicle,  
          as specified, or; voluntary manslaughter.  

        3)Specifies if a prosecution is commenced against a minor as a  
          criminal case as a "direct file" case, which does not require a  
          prior fitness hearing in juvenile court, and the minor is  
          convicted of a "direct file" offense, the minor is required to be  
          sentenced as an adult.    

        4)Provides, with some exceptions, that when a defendant who was  
          under 18 years of age at the time of the commission of the offense  
          for which the defendant was sentenced to imprisonment for life  
          without the possibility of parole has served at least 15 years of  
          that sentence, the defendant may submit to the sentencing court a  
          petition for recall and resentencing and sets forth the  








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          requirements for filing and granting such a petition.  

        5)Requires the Board of Parole Hearings (BPH) to consider the views  
          and interests of the victim when scheduling parole rehearings, and  
          provides that the denial period between rehearings shall be 15,  
          10, 7, 5 or 3 years as specified.  An inmate may request BPH to  
          exercise discretion to advance a set hearing to an earlier date,  
          by submitting a written request to BPH which sets forth new  
          information or a change in circumstances.  BPH has the sole  
          discretion to determine whether to grant or deny a request.  An  
          inmate is allowed to make one written request during each three  
          year period following a summary denial or decision of BPH.  

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee:

        1)Moderate annual General Fund (GF) costs to the BPH, in excess of  
          $150,000, to hold additional parole hearings. If the BPH held an  
          additional 500 hearings per year, the cost would be in the range  
          of $150,000, assuming one hour per hearing and five personnel  
          equivalents. 

        2)These costs would likely be more than offset by an accompanying  
          reduction in writs of Habeas Corpus, by which inmates challenge  
          their convictions and/or sentences.  

        3)Potentially significant annual out-year GF savings to the extent  
          inmates are actually paroled as a result of this bill.  For  
          example, for every 10 inmates who receive parole hearings and are  
          actually paroled, and end up serving 30 years rather than life,  
          assuming a marginal per capita cost of $25,000 per inmate, the  
          annual savings will be about $250,000.  Savings at this rate would  
          increase annually to about $2.5 million in 10 years.

         COMMENTS  :  According to the author, "AB 1276 gives juveniles who  
        were sentenced to life without the possibility of parole for a crime  
        other than homicide a second chance to demonstrate that they are  
        capable of rehabilitation.  This bill provides these youth automatic  
        parole consideration after serving 25 years in prison and aligns  
        California law with a United States Supreme Court mandate that a  
        juvenile offender have a meaningful opportunity for release." 

        Please see the policy committee analysis for a full discussion of  
        this bill.
         








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        Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 FN:  
        0000911