BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 261| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 261 Author: Hancock (D) Amended: 6/1/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/28/15 AYES: Hancock, Leno, Liu, McGuire, Monning NOES: Anderson, Stone SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Nielsen NO VOTE RECORDED: Bates SUBJECT: Youth offender parole hearings SOURCE: Anti-Recidivism Coalition Human Rights Watch National Center for Youth Law DIGEST: This bill expands the youth offender parole process, a parole process for persons sentenced to lengthy prison terms for crimes committed before attaining 18 years of age, to include those who have committed their crimes before attaining the age of 23. ANALYSIS: Existing law: SB 261 Page 2 1)Creates the youth offender parole hearing, which is a hearing by the Board of Parole Hearings (Board) 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. (Penal Code § 3051) 2)Provides that the timing for the youth offender parole hearing depends on the sentence: if the controlling offense was a determinate sentence the offender shall be eligible for release after 15 years; if the controlling offense was a life term less than 25 years then the person is eligible for release after 20 years; and, if the controlling offense was 25 years or more then the person is eligible for release after 25 years. (Penal Code § 3051 (b).) 3)Provides that if the youth offender is found suitable for parole at the youthful offender parole hearing then the youth offender shall be released on parole. (Penal Code § 3051 (e).) 4)Provides that in reviewing a prisoner's suitability for parole in a youthful offender parole hearing, the Board 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. (Penal Code § 4801 (c).) This bill: 1)Expands those eligible for a youthful parole hearing to those whose committing offense occurred before they reached the age of 23. 2)Provides that those with indeterminate sentences who are eligible for a youthful offender parole hearing on the effective date of this bill shall have their hearing by July 1, 2017. 3)Provides that those with determinate sentences who are eligible for youthful offender parole hearing on the effective date of this bill shall have their hearing by July 1, 2021, and shall have their consultation with the Board before July 1, 2017. SB 261 Page 3 Background On April 15, 2015, the State filed its most recent status report in response to the Three-Judge panel. The report set forth the status of cases brought under SB 260 (Hancock) which created youthful offender parole hearings: The State continues to implement Senate Bill 260 (2013), which allows inmates whose crimes were committed as minors to appear before the Board of Parole Hearings (the Board) to demonstrate their suitability for release after serving at least fifteen years of their sentence. From January 1, 2014 through March 31, 2015, the Board held 534 youth offender hearings, resulting in 158 grants, 328 denials, 46 stipulations to unsuitability, and 2 split votes that required referral to the full Board for further consideration. An additional 225 were scheduled during this time period, but were waived, postponed, continued, or cancelled. All available inmates who were immediately eligible for a hearing when the law took effect on January 1, 2014, have had a hearing date or have one scheduled on or before July 1, 2015, as required by the terms of Senate Bill 260. In addition, nearly all youth offenders who received a prior to January 1, 2014, have reached their minimum eligible parole dates and have been processed for release from their life term by the Board." (Defendants' April 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). This bill expands those eligible for a youthful parole hearing to those whose committing offense occurred before they reached the age of 23. Comments According to the author: Science, law, and common sense support the appropriateness of SB 260 youth offender parole hearings for young adults between the age of 18 and 23. SB 261 Page 4 Recent scientific evidence on adolescent and young adult development and neuroscience shows that certain areas of the brain-particularly those affecting judgment and decision-making - do not fully develop until the early - to mid-20s. Various studies by researchers from Stanford University (2009), University of Alberta (2011), and the National Institute of Mental Health (2011) all confirm that the process of brain development continues well beyond age 18. This research has been relied on by judges and lawmakers. The US and California Supreme Courts have recognized in several recent opinions that adolescents are still developing in ways relevant to their culpability for criminal behavior and their special capacity to turn their lives around. California already recognizes the uniqueness of young adults in its Department of Juvenile Justice (DJJ). DJJ is mandated to detain and provide services and programming to some young adults until age 23. The state has recognized early adulthood as a vulnerable period in other arenas as well, for example, extending foster care support beyond age 18 to age 21 in AB 12 (Beall, 2010). As recently as 2013, the Legislature passed AB 1276 (Bloom), which provided special protections and opportunities for young adults through age 22 entering prison. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Immediately eligible caseload: Significant one-time costs to the Board of $1.3 million (General Fund) to complete risk assessments and conduct parole hearings for 800 inmates estimated to be eligible upon this bill's effective date. Future caseload: Significant future annual costs, likely in the hundreds of thousands of dollars or greater (General SB 261 Page 5 Fund), to conduct hearings for inmates as they become eligible. The magnitude of costs would be dependent upon the rate at which the Board conducts hearings, as there is no timeframe mandated for prospectively eligible inmates. The CDCR estimates an additional 5,600 inmates would be added to the Board's hearing calendar over the next several years. An additional 3,000 inmates are estimated to be within the Board's hearing cycle currently and would be eligible to request to advance their next hearing date, as specified. Regulations: One-time costs of about $100,000 to review and re-write regulations. Reduced writs: Potential offset to an unknown degree by state trial court savings as a result of an accompanying reduction in writs of Habeas Corpus, by which inmates challenge convictions and/or sentences. Future incarceration savings: Potential cost savings of $0.2 to $0.5 million (General Fund) for every 20 to 50 inmates released or sentences reduced. Savings would grow as the years they otherwise would have served compound. Over 10 years, the savings could increase to $2 to $5 million assuming the inmates would have served 10 additional years. Minor offsetting increase in parole costs. SUPPORT: (Verified 5/29/15) Anti-Recidivism Coalition (co-source) Human Rights Watch (co-source) National Center for Youth Law (co-source) Alliance for Boys and Men of Color American Civil Liberties Union of California California Catholic Conference California Public Defenders Association Center on Juvenile and Criminal Justice Drug Policy Alliance Everychild Foundation Islamic Shura Council of Southern California SB 261 Page 6 Legal Services for Prisoners with Children Life Support Alliance Los Angeles Regional Reentry Partnership National Council on Crime & Delinquency Newt Gingrich, former U.S. House Speaker PolicyLink Prison Law Office Project Kinship Public Counsel Puente Project Chabot College Revolutionary Releasing San Francisco District Attorney George Gascón Youth ALIVE! Youth Law Center Numerous individuals OPPOSITION: (Verified 6/1/15) California District Attorneys Association California Police Chiefs Association ARGUMENTS IN SUPPORT: Former U.S. Speaker of the House of Representatives Newt Gingrich echoes the argument of the author and sponsors that these offenders have a capacity for growth both in his letter in support and in an editorial in the Huffington Post on April 13, 2015. He states: It's only fair to recognize the difference between young- and full-grown adults in sentencing, just as we draw a distinction between juveniles and adults. People who commit offenses before their capacities are fully formed deserve a second chance -- an opportunity for a parole hearing if they mature, rehabilitate, and pay serious restitution to their victims and to the community. SB 261 is compassionate, fair, and backed up by the SB 261 Page 7 latest scientific understanding of brain development. But it is also by no means lenient. To be eligible for a hearing, the bill would require that a young person must have served at least 15 years of his or her sentence, and even longer for more serious crimes. This is no small amount of time for young adult -- it means spending a period of potentially more than half their lives at sentencing behind bars. If young adults demonstrate real personal growth, rehabilitation, and remorse, they should have the opportunity to be eligible for a parole hearing after spending a very long period of time in prison. The California legislature should pass SB 261 to give them this opportunity -- and other states across the country should look to it as a model for making the criminal-justice system more fair, as well as more efficient. ARGUMENTS IN OPPOSITION: The California District Attorneys Association opposes this bill stating: The California Supreme Court ruled in People v. Caballero (2012) 55 Cal.4th 262, 282 that a juvenile offender sentenced to a de facto term of life imprisonment must be afforded a "meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation." The Court additionally urged the Legislature to "enact legislation establishing a parole eligibility mechanism that provides a defendant serving a de facto life sentence without possibility of parole for non-homicide crimes that he or she committed as a juvenile with the opportunity to obtain release on a showing of rehabilitation and maturity." The key phrase in that opinion is "committed as a juvenile." All of the major existing case law on juveniles who receive long sentences (Miller v. Alabama, 567 U.S. ____ (2012); Graham v. Florida, 560 U.S. ____ (2010); and Caballero itself) involves SB 261 Page 8 individuals who were under 18 at the time of their offense, and received a lengthy prison sentence. We are unaware of any case law under which courts have considered someone a juvenile for an offense committed after they turned 18, but before they reached 23 years of age. We believe that it is wholly inappropriate to expand this expedited parole process to include individuals who were adults when they committed their offenses. This bill isn't aimed at instances where a juvenile offender is charged as an adult - that was taken care of in SB 260. Instead, these are adults prosecuted in adult court, for very serious offenses that result in lengthy state prison commitments. Prepared by:Mary Kennedy / PUB. S. / 6/1/15 17:12:04 **** END ****