Amended in Senate June 1, 2015

Amended in Senate March 24, 2015

Senate BillNo. 261


Introduced by Senator Hancock

February 18, 2015


An act to amend Sections 3051 and 4801 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

SB 261, as amended, Hancock. Youth offender parole hearings.

Existing law generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 18 years of age and who were sentenced to state prison.

This bill would instead require the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. The bill would require the board to complete, by July 1, 2017, all youth offender parole hearings for individualsbegin insert who were sentenced to indeterminate life termsend insert who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill.begin insert The bill would require the board to complete all youth offender parole hearings for individuals who were sentenced to determinate terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill by July 1, 2021, and would require the board, for these individuals, to conduct a specified consultation before July 1, 2017.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:

P2    1

SECTION 1.  

Section 3051 of the Penal Code is amended to
2read:

3

3051.  

(a) (1) A youth offender parole hearing is a hearing by
4the Board of Parole Hearings for the purpose of reviewing the
5parole suitability of any prisoner who was under 23 years of age
6at the time of his or her controlling offense.

7(2) For the purposes of this section, the following definitions
8shall apply:

9(A) “Incarceration” means detention in a city or county jail, a
10local juvenile facility, a mental health facility, a Division of
11Juvenile Justice facility, or a Department of Corrections and
12Rehabilitation facility.

13(B) “Controlling offense” means the offense or enhancement
14for which any sentencing court imposed the longest term of
15imprisonment.

16(b) (1) A person who was convicted of a controlling offense
17that was committed before the person had attained 23 years of age
18and for which the sentence is a determinate sentence shall be
19eligible for release on parole at a youth offender parole hearing
20by the board during his or her 15th year of incarceration, unless
21previously released pursuant to other statutory provisions.

22(2) A person who was convicted of a controlling offense that
23was committed before the person had attained 23 years of age and
24for which the sentence is a life term of less than 25 years to life
25shall be eligible for release on parole by the board during his or
26her 20th year of incarceration at a youth offender parole hearing,
27unless previously released or entitled to an earlier parole
28consideration hearing pursuant to other statutory provisions.

29(3) A person who was convicted of a controlling offense that
30was committed before the person had attained 23 years of age and
31for which the sentence is a life term of 25 years to life shall be
32eligible for release on parole by the board during his or her 25th
33year of incarceration at a youth offender parole hearing, unless
34previously released or entitled to an earlier parole consideration
35hearing pursuant to other statutory provisions.

36(c) An individual subject to this section shall meet with the
37board pursuant to subdivision (a) of Section 3041.

P3    1(d) The board shall conduct a youth offender parole hearing to
2consider release. At the youth offender parole hearing, the board
3shall release the individual on parole as provided in Section 3041,
4except that the board shall act in accordance with subdivision (c)
5of Section 4801.

6(e) The youth offender parole hearing to consider release shall
7provide for a meaningful opportunity to obtain release. The board
8shall review and, as necessary, revise existing regulations and
9adopt new regulations regarding determinations of suitability made
10pursuant to this section, subdivision (c) of Section 4801, and other
11related topics, consistent with relevant case law, in order to provide
12that meaningful opportunity for release.

13(f) (1) In assessing growth and maturity, psychological
14evaluations and risk assessment instruments, if used by the board,
15shall be administered by licensed psychologists employed by the
16board and shall take into consideration the diminished culpability
17of juveniles as compared to that of adults, the hallmark features
18of youth, and any subsequent growth and increased maturity of
19the individual.

20(2) Family members, friends, school personnel, faith leaders,
21and representatives from community-based organizations with
22knowledge about the individual before the crime or his or her
23growth and maturity since the time of the crime may submit
24statements for review by the board.

25(3) Nothing in this section is intended to alter the rights of
26victims at parole hearings.

27(g) If parole is not granted, the board shall set the time for a
28subsequent youth offender parole hearing in accordance with
29paragraph (3) of subdivision (b) of Section 3041.5. In exercising
30its discretion pursuant to paragraph (4) of subdivision (b) and
31subdivision (d) of Section 3041.5, the board shall consider the
32factors in subdivision (c) of Section 4801. No subsequent youth
33offender parole hearing shall be necessary if the offender is released
34pursuant to other statutory provisions prior to the date of the
35subsequent hearing.

36(h) This section shall not apply to cases in which sentencing
37occurs pursuant to Section 1170.12, subdivisions (b) to (i),
38inclusive, of Section 667, or Section 667.61, or in which an
39individual was sentenced to life in prison without the possibility
40of parole. This section shall not apply to an individual to whom
P4    1this section would otherwise apply, but who, subsequent to
2attaining 23 years of age, commits an additional crime for which
3malice aforethought is a necessary element of the crime or for
4which the individual is sentenced to life in prison.

5(i) (1) The board shall complete all youth offender parole
6hearings for individuals whobegin delete becomeend deletebegin insert becameend insert entitled to have their
7parole suitability considered at a youth offender parole hearingbegin delete on
8the effective date of this sectionend delete
begin insert prior to the effective date of the
9act that added paragraph (2)end insert
by July 1, 2015.

10(2) begin insert(A)end insertbegin insertend insertThe board shall complete all youth offender parole
11hearings for individualsbegin insert who were sentenced to indeterminate life
12terms andend insert
who become entitled to have their parole suitability
13considered at a youth offender parole hearing on the effective date
14of the act that added this paragraph by July 1, 2017.

begin insert

15(B) The board shall complete all youth offender parole hearings
16for individuals who were sentenced to determinate terms and who
17become entitled to have their parole suitability considered at a
18youth offender parole hearing on the effective date of the act that
19added this paragraph by July 1, 2021. The board shall, for all
20individuals described in this subparagraph, conduct the
21consultation described in subdivision (a) of Section 3041 before
22July 1, 2017.

end insert
23

SEC. 2.  

Section 4801 of the Penal Code is amended to read:

24

4801.  

(a) The Board of Parole Hearings may report to the
25Governor, from time to time, the names of any and all persons
26imprisoned in any state prison who, in its judgment, ought to have
27a commutation of sentence or be pardoned and set at liberty on
28account of good conduct, or unusual term of sentence, or any other
29cause, including evidence of intimate partner battering and its
30effects. For purposes of this section, “intimate partner battering
31and its effects” may include evidence of the nature and effects of
32physical, emotional, or mental abuse upon the beliefs, perceptions,
33or behavior of victims of domestic violence if it appears the
34criminal behavior was the result of that victimization.

35(b) (1) The board, in reviewing a prisoner’s suitability for parole
36pursuant to Section 3041.5, shall give great weight to any
37information or evidence that, at the time of the commission of the
38crime, the prisoner had experienced intimate partner battering, but
39was convicted of an offense that occurred prior to August 29, 1996.
40The board shall state on the record the information or evidence
P5    1that it considered pursuant to this subdivision, and the reasons for
2the parole decision. The board shall annually report to the
3Legislature and the Governor on the cases the board considered
4pursuant to this subdivision during the previous year, including
5the board’s decisions and the specific and detailed findings of its
6investigations of these cases.

7(2) The report for the Legislature to be submitted pursuant to
8paragraph (1) shall be submitted pursuant to Section 9795 of the
9Government Code.

10(3) The fact that a prisoner has presented evidence of intimate
11partner battering cannot be used to support a finding that the
12prisoner lacks insight into his or her crime and its causes.

13(c) When a prisoner committed his or her controlling offense,
14as defined in subdivision (a) of Section 3051, prior to attaining 23
15years of age, the board, in reviewing a prisoner’s suitability for
16parole pursuant to Section 3041.5, shall give great weight to the
17diminished culpability of juveniles as compared to adults, the
18hallmark features of youth, and any subsequent growth and
19increased maturity of the prisoner in accordance with relevant case
20law.



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