BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 224|
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THIRD READING
Bill No: SB 224
Author: Liu (D), et al.
Amended: 6/2/15
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/7/15
AYES: Hancock, Leno, Liu, McGuire, Monning
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Elderly Parole Program
SOURCE: Author
DIGEST: This bill codifies court-ordered elderly parole.
ANALYSIS:
Existing law:
1)Provides that in the case of any inmate sentenced to an
indeterminate sentence the Board of Parole Hearings (Board)
shall meet with each inmate during the sixth year prior to the
inmate's eligible parole release date for the purposes of
reviewing and documenting the inmates activities and conduct
pertinent to both parole eligibility and to the granting and
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withholding of postconviction credit. (Penal Code § 3041(a))
2)Provides that one year prior to the inmates minimum eligible
parole release date a panel of two or more commissioners or
deputy commissioners shall meet with the inmate and shall
normally set a parole release date. (Penal Code § 3041(a))
3)Provides that 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 the 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 crime for
which the inmate was sentenced and other factors in mitigation
or aggravation of the crime. (Penal Code § 3041 (a))
4)Provides that 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,
except as provided, normally set a parole release date as
provided in Section 3041.5. (Penal Code § 3041(a))
5)According to the Three-Judge Court Order filed February 10,
2014, the California Department of Corrections and
Rehabilitation (CDCR) must "[f]inalize and implement a new
parole process whereby inmates who are 60 years of age or
older and have served a minimum of twenty-five years of their
sentence will be referred to the Board of Parole Hearings to
determine suitability for parole." (February 10, 2014 Order,
2:90-cv-0520 LKK DAD PC, 3-Judge Court, Coleman v. Brown,
Plata v. Brown)
This bill:
1)Provides that a prisoner shall be considered for parole under
the Elderly Parole Program if she or she meets both of the
following conditions:
a) The prisoner is 60 years of age or older; and,
b) The prisoner has served 25 years of continued
incarcerations on his or her sentence including time served
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prior to sentencing.
2)Provides that when considering the release of a prisoner under
elderly parole the Board shall give special consideration to
whether age, time served, and diminished physical condition,
if any have reduced the elderly prisoner's risk for future
violence.
3)Provides that if the prisoner is found suitable for parole
under the Elderly Parole Program the Board shall release the
individual.
4)Provides that elderly parole does not apply to prisoners
sentenced to death or to imprisonment for life without the
possibility of parole.
Background
In Coleman v. Brown, Plata v. Brown in which the plaintiffs are
seeking a reduction in the California prison population, the
Three-Judge Court Order of February 10, 2014, required CDCR to
create an "elderly parole" program in which prisoners who have
reached the age of 60 and served 25 years will be considered for
parole. The elderly parole hearings began on October 1, 2014.
CDCR's February 2015 status report in response to the February
10, 2014 court order states the progress of the elderly parole
program stating:
Parole process for inmates 60 years of age or older
having served at least 25 years: The Board continues
to schedule eligible inmates for hearings who were not
already in the Board's hearing cycle, including
inmates sentenced to determinate terms. The Board has
scheduled 549 hearings for inmates eligible for
elderly parole, resulting in 115 grants, 247 denials,
and 26 stipulations to unsuitability. The remaining
159 scheduled cases were waived by the inmate,
postponed, continued, or cancelled. ."(Defendants'
February 2015 Status Report In Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown).
The age 60 was determined because there is a significant
reduction in crimes committed by those over 60. According to
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felony arrest and CDCR admissions data by age:
In California, individuals age 60 or over were
responsible for the lowest percentage of all felony
arrests of all age groups in 2012, with the exception
of children under the age of 10. Individuals age 60
or over were responsible for 1.9% of all felony
arrests.
While the data shows that there are still 32,980 felony arrests
of people 50-59 years of age those numbers drop 7,454 at age 60.
(http://www.cdcr.ca.gov/BOPH/docs/Policy/2012_California_Arrest_a
nd_CDCR_Admissions_Data_by_Age_Final.pdf)
This bill codifies the current "elderly parole" program.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, no near-term
fiscal impact, as the provisions of this bill codify existing
practice. To the extent the CDCR would otherwise not continue to
administer the program once federal receivership is lifted,
could potentially result in significant ongoing future
operational costs and offsetting cost savings for releases to
parole.
SUPPORT: (Verified 6/1/15)
ACLU
AllCare Alliance
American Friends Service Committee
A New PATH (Parents for Addiction Treatment and Healing)
A New Way of Life Re-Entry Project
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
California Coalition for Women Prisoners
California Commission on Aging
California Families Against Solitary Confinement
California Prison Watch
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California Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Communities United for Restorative Youth Justice
Community United Against Violence
Courage Campaign
Dignity and Power Now
Drug Policy Alliance
Ella Baker Center for Human Rights
Facts Education and Projects
Fair Chance Project
Forward Together
Friends Committee on Legislation of California
Hunger Action Los Angeles
Inland Congregations United for Change
JFK Democratic Club of Sacramento
Justice Not Jails
Justice Now
Legal Services for Prisoners with Children
Life Support Alliance
Los Angeles Community Action Network
Los Angeles Regional Reentry Partnership
Match Two, Prisoner Outreach Ministry
National Association of Social Workers, California Chapter
Older Women's League
Prison Law Office
Prison Policy Initiative
Root & Rebound
Senior and Disability Action
Sisters of St. Joseph of Carondelet
Starting Over, Inc.
Time for Change Foundation
U.S. Law Enforcement Chaplains Corps
Western Regional Advocacy Project
Women's Council of the CA Chapter of the National Association of
Social
Workers
Youth Justice Coalition
Numerous individuals
OPPOSITION: (Verified 6/1/15)
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Alameda County District Attorney
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California College and University Police Chiefs Association
California Correctional Supervisors Organization
California District Attorneys Association
California Narcotic Officers Association
California Police Chiefs Association
California State Sheriffs' Association
Crime Victims United
Los Angeles Police Protective League
Riverside Sheriffs' Association
Sacramento County District Attorney
San Diego County District Attorney
Prepared by:Mary Kennedy / PUB. S. /
6/2/15 22:33:50
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