BILL NUMBER: SB 260 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 4, 2013
AMENDED IN SENATE MARCH 18, 2013
INTRODUCED BY Senator Hancock
(Coauthors: Senators De León , Lara, and Steinberg)
( Coauthor: Assembly Member
Hall )
FEBRUARY 13, 2013
An act to add Section 1170.195 Sections
3051 and 3051.1 to the Penal Code, relating to
sentencing parole .
LEGISLATIVE COUNSEL'S DIGEST
SB 260, as amended, Hancock. Sentencing.
Youth opportunity review hearings.
Existing law provides that the Secretary of the Department of
Corrections and Rehabilitation or the Board of Parole Hearings, or
both, may, for specified reasons, recommend to the court that a
prisoner's sentence be recalled, and that a court may recall a
prisoner's sentence. When a defendant who was under 18 years of age
at the time of the commission of a crime has served at least 15 years
of his or her sentence, existing law allows the defendant to submit
a petition for recall and resentencing, and authorizes the court, in
its discretion, to recall the sentence and to resentence the
defendant, provided that the new sentence is not greater than the
initial sentence.
This bill would state legislative intent regarding the following
provisions, and would, except as specified, require a sentencing
court to hold a hearing to review the sentence of a person who was
under 18 years of age at the time of an offense and was prosecuted as
an adult after the person has served 10 years in prison. After the
review, the bill would allow the judge to suspend or stay all or a
portion of the sentence, reduce the sentence to any sentence that
could lawfully have been ordered at the time of the original
judgment, or both reduce and suspend or stay all or a portion of the
sentence. The bill would authorize the court to consider specified
evidence, in conjunction with any other evidence the court deems
relevant, in making this determination. The bill would permit each
person granted review whose sentence is not suspended, stayed, or
reduced, to file a petition 3 or more years after any review hearing,
and would require the review hearing to be granted if the petition
demonstrates a change in the circumstances, as specified, by a
preponderance of the evidence. The bill would not apply to a person
sentenced under specified provisions or sentenced to life
imprisonment without the possibility of parole.
This bill would require the Board of Parole Hearings to conduct a
youth opportunity review hearing to consider release of offenders who
committed specified crimes prior to being 18 years of age and who
were sentenced to state prison and would require the board to give
great weight to specified mitigating factors, including fundamental
differences between juveniles and adults, and a juvenile's diminished
culpability as compared to that of an adult. The bill would require
that, in assessing growth and maturity, psychological evaluations and
risk assessment instruments, if used by the board, be administered
by qualified professionals and provide reliable assessment of growth
and maturity, and would require that family members, school
personnel, faith leaders, and representatives from community-based
programs with knowledge about the young person at the time of the
crime or his or hers growth and maturity in prison to be permitted to
attend and testify at the youth opportunity review hearing.
Existing law, also added by Proposition 8, adopted June 8, 1982,
and amended by Proposition 36, adopted November 6, 2012, commonly
known as the Three Strikes Law, requires increased penalties for
certain recidivist offenders in addition to any other enhancement or
penalty provisions that may apply, including individuals with current
and prior convictions of a serious felony, as specified.
This bill would exempt from its provisions inmates who were
sentenced pursuant to the Three Strikes Law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares
that, as stated by the United States Supreme Court in Miller v.
Alabama, "only a relatively small proportion of adolescents" who
engage in illegal activity "develop entrenched patterns of problem
behavior," and that "developments in psychology and brain science
continue to show fundamental differences between juvenile and adult
minds, " including "parts of the brain involved in
behavior control." The Legislature recognizes that youthfulness both
lessens a juvenile's moral culpability and enhances the
prospect that, as a youth matures into an adult and neurological
development occurs, these individuals can become contributing members
of society. It is the intent of the Legislature to create a process
by which growth and maturity of youthful offenders can be assessed
and a meaningful opportunity for release established.
SEC. 2. Section 3051 is a dded to the
Penal Code , to read:
3051. (a) A person who was convicted of a nonhomicide offense,
attempted murder, conspiracy to commit murder, or manslaughter that
was committed before the person had attained 18 years of age and was
sentenced to state prison for a determinate term of 40 years or less,
or an indeterminate term with a base term of 40 years or less, shall
be considered for release on parole during his or her 15th year of
incarceration at a youth opportunity review hearing.
(b) A person who was convicted of a nonhomicide offense, attempted
murder, conspiracy to commit murder, or manslaughter that was
committed before the person had attained 18 years of age and was
sentenced to state prison for a determinate term of more than 40
years, or an indeterminate term with a base term of more than 40
years, shall be considered for release on parole during his or her
20th year of incarceration at a youth opportunity review hearing.
(c) Five years prior to eligibility for release, an individual
subject to this section shall meet with a commissioner of the Board
of Parole Hearings for consultation and direction on his or her
progress toward parole suitability. During the meeting, the Board of
Parole Hearings shall provide the individual with information on the
parole process and the factors relevant to a suitability
determination in a youth opportunity review hearing. Within 30 days
of the meeting, the Board of Parole Hearings shall issue written
recommendations to the individual identifying any issues that the
individual will need to address prior to being found suitable for
release through a youth opportunity review hearing and guidance on
how to successfully address those issues.
(d) The Board of Parole Hearings shall conduct a youth opportunity
review hearing to consider release. At the youth opportunity review
hearing, the board shall normally release the individual on parole as
provided in Section 3041, except that the individual shall be
released on parole based on the individual's eligibility for parole
as set forth in subdivision (a) or (b). The board shall give great
weight to the mitigating factors set forth in subdivision (e), shall
not rely on Section 2282 or 2403 of Title 15 of the California Code
of Regulations, and to the extent that any existing suitability or
unsuitability criteria are in conflict with those mitigating factors,
the mitigating factors shall prevail. Parole shall be for a period
to be determined by the Board of Parole Hearings, but not to exceed
10 years unless a longer parole period is otherwise provided for by
law.
(e) The youth opportunity review hearing to consider release shall
provide for a meaningful opportunity to obtain release based on
demonstrated growth and maturity. The review process shall consider
all mitigating circumstances attendant in the juveniles crime and
life, including, but not limited to, all of the following:
(1) The fundamental differences between juveniles and adults, and
a juvenile's diminished culpability as compared to that of an adult.
(2) The hallmark features of youthfulness, including, but not
limited to, immaturity, impetuosity, susceptibility to peer pressure
or the negative influence of older individuals, and the failure to
appreciate risks and consequences.
(3) Childhood trauma, including, but not limited to, extended
exposure to violence, dysfunctional or chaotic family or home
environment, and physical, sexual, or emotional abuse.
(4) The juvenile's physical and mental development at the time of
the offense and the impact of physical or mental impairments in
combination with youthfulness.
(5) Growth, maturity, and rehabilitation during incarceration and
relative to the individual's age at the time of the offense, age when
he or she entered prison, and his or her age at the time of the
parole consideration hearing.
(f) In assessing growth and maturity, psychological evaluations
and risk assessment instruments, if used by the board, shall be
administered by qualified professionals, provide reliable assessment
of the growth and maturity of individuals who committed a crime when
they were under 18 years of age, and include dynamic variables
associated with growth and maturity. Family members, school
personnel, faith leaders, and representatives from community-based
programs with knowledge about the individual at the time of the crime
or his or her growth and maturity in prison shall be permitted to
attend and testify at the youth opportunity review hearing.
(g) If parole is not granted, the board shall set the time for a
subsequent youth opportunity review hearing not more than three years
later, in accordance with Section 3041.5, and shall use the factors
in subdivisions (e) to (g), inclusive.
(h) Crimes covered by this statute include all nonhomicide
convictions, attempted murder, conspiracy to commit murder, and
manslaughter. This section shall not apply to cases where sentencing
occurs pursuant to the Three Strikes law. Years of incarceration are
subject to applicable credit reductions in existing law.
SEC. 3. Section 3051.1 is added to the
Penal Code , to read:
3051.1. (a) A person who was sentenced to state prison upon
conviction for a homicide offense that was committed before the
person had attained 18 years of age shall be eligible for review and
release at a youth opportunity review hearing during his or her 15th
year of incarceration if his or her primary offense was murder in the
second degree, pursuant to Section 189.
(b) A person who was sentenced to state prison upon conviction for
a homicide offense that was committed before the person had attained
18 years of age shall be eligible for review at a youth opportunity
review hearing during his or her 25th year of incarceration if his or
her primary offense was murder in the first degree, pursuant to
Section 189.
(c) Five years prior to eligibility for release, an individual who
is subject to this section shall meet with a commissioner of the
Board of Parole Hearings for consultation and direction on his or her
progress toward parole suitability. During the meeting, the Board of
Parole Hearings shall provide the individual with information on the
parole process and the factors relevant to a suitability
determination in a youth opportunity review hearing. Within 30 days
of the meeting, the Board of Parole Hearings shall issue written
recommendations to the individual identifying any issues that the
individual will need to address prior to being found suitable for
release through a youth opportunity review hearing guidance on how to
successfully address those issues.
(d) The Board of Parole Hearings shall conduct a youth opportunity
review hearing to consider release. At the youth opportunity review
hearing, the board shall normally release the individual on parole as
provided in Section 3041, except that the individual shall be
released on parole based on the individual's eligibility for parole
as set forth in subdivisions (a) and (b). The board shall give great
weight to the mitigating factors set forth in subdivision (e), shall
not rely on Section 2282 or 2403 of Title 15 of the California Code
of Regulations, and to the extent that any existing suitability or
unsuitability criteria are in conflict with those mitigating factors,
the mitigating factors shall prevail. Parole shall be for a period
to be determined by the Board of Parole Hearings, but not to exceed
10 years unless a longer parole period is otherwise provided for by
law subject to Section 3000.1.
(e) The youth opportunity review hearing to consider release will
provide for a meaningful opportunity to obtain release based on
demonstrated growth and maturity. The review process must consider
all mitigating circumstances attendant in the juveniles crime and
life, including, but not limited to, all of the following:
(1) The fundamental differences between juveniles and adults, and
a juvenile's diminished culpability as compared to that of an adult.
(2) The hallmark features of youthfulness, including, but not
limited to, immaturity, impetuosity, susceptibility to peer pressure
or the negative influence of older individuals, and the failure to
appreciate risks and consequences.
(3) Childhood trauma, including, but not limited to, extended
exposure to violence, dysfunctional or chaotic family or home
environment, and physical, sexual, or emotional abuse.
(4) The juvenile's physical and mental development at the time of
the offense and the impact of physical or mental impairments in
combination with youthfulness.
(5) Growth, maturity, and rehabilitation during incarceration and
relative to the individual's age at the time of the offense, age when
he or she entered prison, and his or her age at the time of the
parole consideration hearing.
(f) In assessing growth and maturity, psychological evaluations
and risk assessment instruments, if used by the board, shall be
administered by qualified professionals, provide reliable assessment
of the growth and maturity of individuals who committed a crime when
they were under 18 years of age, and include dynamic variables
associated with growth and maturity. Family members, school
personnel, faith leaders, and representatives from community-based
programs with knowledge about the young person at the time of the
crime or his or her growth and maturity in prison shall be permitted
to attend and testify at the youth opportunity review hearing.
(g) If parole is not granted, the board shall set the time for a
subsequent youth opportunity review hearing not more than three years
later, in accordance with Section 3041.5, and shall use the factors
in subdivisions (d) to (f), inclusive.
(h) Persons serving sentences under the Three Strikes law or for
murder in the first degree with special circumstances cases under
Section 190.5 are excluded. Years of incarceration are subject to
applicable credit reductions in existing law.
SECTION 1. It is the intent of the Legislature
to provide a judicial mechanism for reconsidering the sentences of
adults who have served a significant amount of time in state prison
for the conviction of crimes they committed as children.
SEC. 2. Section 1170.195 is added to the Penal
Code, to read:
1170.195. (a) Notwithstanding any other law, upon motion and
after 60 days' notice to the prosecution, the sentencing court shall
hold a hearing to review the sentence of a person who was under 18
years of age at the time of the offense and was prosecuted as an
adult, after the person has served 10 years in prison.
(b) After reviewing the sentence, the judge may suspend or stay
all or a portion of the sentence, reduce the sentence to any sentence
that could lawfully have been ordered at the time of the original
judgment, or both reduce and suspend or stay all or a portion of the
sentence, provided that the person at the time of the hearing meets
the eligibility criteria of the alternative disposition.
(c) For purposes of this determination, the court may consider, in
conjunction with any other evidence the court deems relevant, the
person's record of serious disciplinary violations, whether the
person has performed acts that tend to indicate rehabilitation or the
capacity for rehabilitation, including, but not limited to, availing
himself or herself of any rehabilitative, educational, or vocational
programs available at his or her classification level and facility,
the person's use of self-study for self-improvement, the person's
statement describing his or her remorse and work towards
rehabilitation, the person's youth at the time of the crime,
including his or her immaturity, impulsiveness, failure to appreciate
risks and consequences, family and home environment, intellectual
functioning, mental disorder, or disabilities, the circumstances of
the offense, including the extent of participation in the offense and
the way familial and peer pressures may have affected him or her,
and whether the person might have been charged and convicted of a
lesser offense if not for the lesser abilities of youth, including,
but not limited to, an inability to effectively deal with police
officers or prosecutors, or a limited capacity to fully understand
the proceedings or to assist his or her attorney.
(d) The court shall identify on the record the criteria relied on,
and shall provide a statement of reasons for adopting those
criteria. The court shall state why the defendant does or does not
satisfy the criteria.
(e) Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.
(f) Each person granted review pursuant to this section whose
sentence is not suspended, stayed, or reduced, may file a petition
with the sentencing court three or more years after any review
hearing. A review hearing on any subsequent petition shall be granted
if the petition demonstrates, by a preponderance of the evidence, a
change in the circumstances specified in subdivision (c).
(g) This section does not apply to a person who was sentenced
pursuant to Section 190.4 or 190.5, subdivisions (b) to (i),
inclusive, of Section 667, or Section 1170.12, or to life
imprisonment without the possibility of parole.