Amended in Assembly August 12, 2013

Amended in Assembly June 27, 2013

Amended in Senate May 24, 2013

Amended in Senate April 4, 2013

Amended in Senate March 18, 2013

Senate Bill No. 260

Introduced by Senator Hancock

(Coauthors: Senators De León, Lara, and Steinberg)

begin delete

(Coauthor: Assembly Member Hall)

end delete begin insert

(Principal coauthor: Assembly Member Bloom)

end insert begin insert

(Coauthors: Assembly Members Hall and Ting)

end insert

February 13, 2013

An act to begin insert amend Sections 3041, 3046, and 4801 of, and to end insert add begin delete Sections end delete begin insert Section end insert 3051 begin delete and 3051.1 to end delete begin insert to, end insert the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

SB 260, as amended, Hancock. Youth begin delete opportunity review end delete begin insert offender parole end insert 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 require the Board of Parole Hearings to conduct a youth begin delete opportunity review end delete begin insert offender parole end insert hearing to consider release of offenders who committed specified crimes prior to being 18 years of age and who were sentenced to state prison begin delete and end delete begin insert . The bill would require parole consideration to be given during the 15th year of incarceration if the person meeting these criteria received a determinate sentence, during the 20th year if the person received a sentence that was less than 25 years to life, and during the 25th year of incarceration if the person received a sentence that was 25 years to life. The bill end insert would require the board begin insert , in reviewing a prisoner’s suitability for parole, end insert to give great weight to begin delete specified mitigating factors, including fundamental differences between juveniles and adults, and a juvenile’s diminished culpability as compared to that of an adult end delete begin insert the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law end insert . The bill would require that, in assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, be administered by begin delete qualified professionals and provide reliable assessment of growth and maturity, and would require that end delete begin insert licensed psychologists employed by the board and take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. The bill would permit end insert family members, begin insert friends, end insert school personnel, faith leaders, and representatives from community-based begin delete programs end delete begin insert organizations end insert with knowledge about the young person begin delete at the time of end delete begin insert prior to end insert the crime or his or begin delete hers end delete begin insert her end insert growth and maturity begin delete in prison end delete begin insert since the commission of the crime end insert to begin delete be permitted to attend and testify at the youth opportunity review hearing. end delete begin insert submit statements for review by the board and would permit the individual to designate one person to attend the youth offender parole hearing and read a brief statement. end insert

begin insert

Existing law requires the board to meet with each inmate sentenced pursuant to certain provisions of law during his or her 3rd year of incarceration for the purpose of reviewing his or her file, making recommendations, and documenting activities and conduct pertinent to granting or withholding postconviction credit.

end insert begin insert

This bill would instead require the board to meet with those inmates, including those who are eligible to be considered for parole pursuant to a youth offender parole hearing, during the 6th year prior to the inmate’s minimum eligible parole release date. The bill would also require the board to provide an inmate additional, specified information during this consultation, including individualized recommendations regarding the inmate’s work assignments, rehabilitative programs, and institutional behavior, and to provide those findings and recommendations, in writing, to the inmate within 30 days following the consultation.

end insert

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 begin delete Law, end delete begin insert law, end insert 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 begin delete Law. end delete begin insert law or sentenced to life in prison without the possibility of parole. end 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 1.  

The Legislature finds and declares that, as stated
by the United States Supreme Court in Miller v. Alabama begin insert (2012)
183 L.Ed.2d 407 end insert , “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. begin insert The purpose of this
act is to establish a parole eligibility mechanism that provides a
person serving a sentence for crimes that he or she committed as
a juvenile the opportunity to obtain release when he or she has
shown that he or she has been rehabilitated and gained maturity,
in accordance with the decision of the California Supreme Court
in People v. Caballero (2012) 55 Cal.4th 262 and the decisions
of the United States Supreme Court in Graham v. Florida (2010)
560 U.S. 48, and Miller v. Alabama (2012) 183 L.Ed.2d 407.
Nothing in this act is intended to undermine the California Supreme
Court’s holdings in In re Shaputis (2011) 53 Cal.4th 192, In re
Lawrence (2008) 44 Cal.4th 1181, and subsequent cases. end insert 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3041 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.  

(a) In the case of any inmate sentenced pursuant to any
begin delete provision of end delete law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the begin delete third year of incarceration end delete begin insert sixth year
prior to the inmate’s minimum eligible parole release date end insert for the
purposes of reviewing begin delete the inmate’s file, making recommendations,
and documenting activities and conduct pertinent to granting or
withholding postconviction credit. end delete begin insert and documenting the inmate’s
activities and conduct pertinent to both parole eligibility and to
the granting or withholding of postconviction credit. During this
consultation, the board shall provide the inmate information about
the parole hearing process, legal factors relevant to his or her
suitability or unsuitability for parole, and individualized
recommendations for the inmate regarding his or her work
assignments, rehabilitative programs, and institutional behavior.
Within 30 days following the consultation, the board shall issue
its positive and negative findings and recommendations to the
inmate in writing. end insert One year prior to the inmate’s minimum eligible
parole release date a panel of two or more commissioners or deputy
commissioners shall again meet with the inmate and shall normally
set a parole release date as provided in Section 3041.5. No more
than one member of the panel shall be a deputy commissioner. In
the event of a tie vote, the matter shall be referred for an en banc
review of the record that was before the panel that rendered the
tie vote. Upon en banc review, the board shall vote to either grant
or deny parole and render a statement of decision. The en banc
review shall be conducted pursuant to subdivision (e). The release
date shall be set in a manner that will provide uniform terms for
offenses of similar gravity and magnitude with respect to their
threat to the public, and that will comply with the sentencing rules
that the Judicial Council may issue and any sentencing information
relevant to the setting of parole release dates. The board shall
establish criteria for the setting of parole release dates and in doing
so shall consider the number of victims of the crime for which the
inmate was sentenced and other factors in mitigation or aggravation
of the crime. At least one commissioner of the panel shall have
been present at the last preceding meeting, unless it is not feasible
to do so or where the last preceding meeting was the initial
meeting. Any person on the hearing panel may request review of
any decision regarding parole for an en banc hearing by the board.
In case of a review, a majority vote in favor of parole by the board
members participating in an en banc review is required to grant
parole to any inmate.

(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing.
During that period, the board may review the panel’s decision.
The panel’s decision shall become final pursuant to this subdivision
unless the board finds that the panel made an error of law, or that
the panel’s decision was based on an error of fact, or that new
information should be presented to the board, any of which when
corrected or considered by the board has a substantial likelihood
of resulting in a substantially different decision upon a rehearing.
In making this determination, the board shall consult with the
commissioners who conducted the parole consideration hearing.
No decision of the parole panel shall be disapproved and referred
for rehearing except by a majority vote of the board, sitting en
banc, following a public meeting.

(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.

(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will
be conducted by a panel of three or more members, the majority
of whom shall be commissioners. The board shall report monthly
on the number of cases where an inmate has not received a
completed initial or subsequent parole consideration hearing within
30 days of the hearing date required by subdivision (a) of Section
3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless
the inmate has waived the right to those timeframes. That report
shall be considered the backlog of cases for purposes of this
section, and shall include information on the progress toward
eliminating the backlog, and on the number of inmates who have
waived their right to the above timeframes. The report shall be
made public at a regularly scheduled meeting of the board and a
written report shall be made available to the public and transmitted
to the Legislature quarterly.

(e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:

(1) The commissioners conducting the review shall consider
the entire record of the hearing that resulted in the tie vote.

(2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered
by the panel that produced the tie vote, and any other material
actually considered by the panel. New evidence or comments shall
not be considered in the en banc proceeding.

(3) The board shall separately state reasons for its decision to
grant or deny parole.

(4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3046 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3046.  

(a) No prisoner imprisoned under a life sentence may
be paroled until he or she has served the greater of the following:

(1) A term of at least seven calendar years.

(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of
confinement under a life sentence before eligibility for parole.

(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned
may be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.

begin insert

(c) Notwithstanding subdivisions (a) and (b), a prisoner found
suitable for parole pursuant to a youth offender parole hearing
as described in Section 3051 shall be paroled regardless of the
manner in which the board set release dates pursuant to
subdivision (a) of Section 3041, subject to subdivision (b) of Section
3041 and Sections 3041.1 and 3041.2, as applicable.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The Board of Prison Terms shall, in considering a parole
for a prisoner, consider all statements and recommendations which
may have been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested
in the granting or denying of the parole. The board shall enter on
its order granting or denying parole to these prisoners, the fact that
the statements and recommendations have been considered by it.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 3051 is added to the Penal Code, to read:

3051.  

(a)  begin insert (1) end insert begin insert   end insert begin insert A youth offender parole hearing is a hearing by
the Board of Parole Hearings for the purpose of reviewing the
parole suitability of any prisoner who was under 18 years of age
at the time of his or her controlling offense. end insert

begin insert

(2) For the purposes of this section, the following definitions
shall apply:

end insert begin insert

(A) “Incarceration” means detention in a city or county jail, a
local juvenile facility, a mental health facility, a Division of
Juvenile Justice facility, or a Department of Corrections and
Rehabilitation facility.

end insert begin insert

(B) “Controlling offense” means the offense or enhancement
for which the sentencing court imposed the longest term of
imprisonment.

end insert

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert A person who was convicted of a begin delete nonhomicide offense,
attempted murder, conspiracy to commit murder, or manslaughter end delete
begin insert controlling offense end insert that was committed before the person had
attained 18 years of age and begin delete 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, end delete begin insert for which the sentence is a
determinate sentence end insert shall be considered for release on parole begin insert at
a youth offender parole hearing by the board end insert during his or her
15th year of begin delete incarceration at a youth opportunity review hearing. end delete
begin insert incarceration, unless previously released pursuant to other
statutory provisions. end insert

begin delete

(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.

end delete begin insert

(2) A person who was convicted of a controlling offense that
was committed before the person had attained 18 years of age and
for which the sentence is a life term of less than 25 years to life
shall be considered for release on parole by the board during his
or her 20th year of incarceration at a youth offender parole
hearing, unless previously released or entitled to an earlier parole
consideration hearing pursuant to other statutory provisions.

end insert begin insert

(3) A person who was convicted of a controlling offense that
was committed before the person had attained 18 years of age and
for which the sentence is a life term of 25 years to life shall be
considered for release on parole by the board during his or her
25th year of incarceration at a youth offender parole hearing,
unless previously released or entitled to an earlier parole
consideration hearing pursuant to other statutory provisions.

end insert

(c)  begin delete Five years prior to eligibility for release, an end delete begin insert An end insert individual
subject to this section shall meet with begin delete 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. end delete begin insert the board
pursuant to subdivision (a) of Section 3041. end insert

(d) The begin delete Board of Parole Hearings end delete begin insert board end insert shall conduct a youth
begin delete opportunity review end delete begin insert offender parole end insert hearing to consider release.
At the youth begin delete opportunity review end delete begin insert offender parole end insert hearing, the board
shall begin delete normally end delete release the individual on parole as provided in
Section 3041, except that the begin delete 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. end delete begin insert board shall act in accordance with subdivision (c) of
Section 4801. end insert

(e) The youth begin delete opportunity review end delete begin insert offender parole end insert hearing to
consider release shall provide for a meaningful opportunity to
obtain begin delete 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: end delete begin insert release. The board shall review and, as necessary,
revise existing regulations and adopt new regulations regarding
determinations of suitability made pursuant to this section,
subdivision (c) of Section 4801, and other related topics, consistent
with relevant case law, in order to provide that meaningful
opportunity for release. end insert

begin delete

(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.

end delete

(f)  begin insert (1) end insert begin insert   end insert In assessing growth and maturity, psychological
evaluations and risk assessment instruments, if used by the board,
shall be administered by begin delete 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 end delete begin insert licensed psychologists employed by the board and shall
take into consideration the diminished culpability of juveniles as
compared to that of adults, the hallmark features of youth, and
any subsequent growth and increased maturity of the individual. end insert

begin insert (2) end insert begin insert   end insert begin insert Family end insert members, begin insert friends, end insert school personnel, faith leaders,
and representatives from community-based begin delete programs end delete begin insert organizations end insert
with knowledge about the individual begin delete at the time of end delete begin insert before end insert the crime
or his or her growth and maturity begin delete in prison shall be permitted to
attend and testify at the youth opportunity review hearing. end delete begin insert since
the time of the crime may submit statements for review by the
board. end insert

begin insert

(3) An individual subject to this section may designate one
person who may attend the youth offender parole hearing, if not
otherwise barred by law, regulation, or existing procedure from
the location of the hearing, who may read a brief statement.

end insert begin insert

(4) Nothing in this section is intended to alter the rights of
victims at a parole hearings.

end insert

(g) If parole is not granted, the board shall set the time for a
subsequent youth begin delete opportunity review end delete begin insert offender parole end insert hearing begin delete not
more than three years later, end delete in accordance with begin insert paragraph (3) of
subdivision (b) of end insert Section begin delete 3041.5, and shall use the factors in
subdivisions (e) to (g), inclusive. end delete begin insert 3041.5. In exercising its
discretion pursuant to paragraph (4) of subdivision (b) and
subdivision (d) of Section 3041.5, the board shall consider the
factors in subdivision (c) of Section 4801. No subsequent youth
offender parole hearing shall be necessary if the offender is
released pursuant to other statutory provisions prior to the date
of the subsequent hearing. end insert

(h)  begin delete Crimes covered by this statute include all nonhomicide
convictions, attempted murder, conspiracy to commit murder, and
manslaughter. end delete This section shall not apply to cases begin delete where end delete begin insert in which end insert
sentencing occurs pursuant to the Three Strikes law begin insert or in which
an individual was sentenced to life in prison without the possibility
of parole end insert . begin delete Years of incarceration are subject to applicable credit
reductions in existing law. end delete

begin insert

(i) The board shall complete all youth offender parole hearings
for individuals who become entitled to have their parole suitability
considered at a youth offender parole hearing on the effective date
of this section by July 1, 2015.

end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4801 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4801.  

(a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have
a commutation of sentence or be pardoned and set at liberty on
account of good conduct, or unusual term of sentence, or any other
cause, including evidence of intimate partner battering and its
effects. For purposes of this section, “intimate partner battering
and its effects” may include evidence of the nature and effects of
physical, emotional, or mental abuse upon the beliefs, perceptions,
or behavior of victims of domestic violence where it appears the
criminal behavior was the result of that victimization.

(b) (1) The begin delete Board of Parole Hearings, end delete begin insert board, end insert in reviewing a
prisoner’s suitability for parole pursuant to Section 3041.5, shall
give great weight to any information or evidence that, at the time
of the commission of the crime, the prisoner had experienced
intimate partner battering, but was convicted of an offense that
occurred prior to August 29, 1996. The board shall state on the
record the information or evidence that it considered pursuant to
this subdivision, and the reasons for the parole decision. The board
shall annually report to the Legislature and the Governor on the
cases the board considered pursuant to this subdivision during the
previous year, including the board’s decisions and the specific and
detailed findings of its investigations of these cases.

(2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code.

(3) The fact that a prisoner has presented evidence of intimate
partner battering cannot be used to support a finding that the
prisoner lacks insight into his or her crime and its causes.

begin insert

(c) When a prisoner committed his or her controlling offense,
as defined in subdivision (a) of Section 3051, prior to attaining
18 years of age, the board, in reviewing a prisoner’s suitability
for parole pursuant to Section 3041.5, shall give great weight to
the diminished culpability of juveniles as compared to adults, the
hallmark features of youth, and any subsequent growth and
increased maturity of the prisoner in accordance with relevant
case law.

end insert