BILL ANALYSIS Ó
SB 261
Page 1
SENATE THIRD READING
SB
261 (Hancock)
As Amended June 1, 2015
Majority vote
SENATE VOTE: 21-15
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Quirk, Jones-Sawyer, |Melendez, Lackey |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Nazarian, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
------------------------------------------------------------------
SUMMARY: 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
SB 261
Page 2
have committed their crimes before attaining the age of 23.
Specifically, this bill:
1)Provides that those with indeterminate sentences who are
eligible for a youth offender parole hearing on the effective
date of this bill shall have their hearing by July 1, 2017.
2)States that those with determinate sentences who are eligible
for a youth 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 of Parole (BPH) before
July 1, 2017.
EXISTING LAW:
1)Establishes a youth offender parole hearing which is a hearing
by BPH 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.
2)Provides the following parole mechanism for a person who was
convicted of a controlling offense that was committed before
the person had attained 18 years of age:
a) If the controlling offense was a determinate sentence
the offender shall be eligible for release after 15 years;
b) If the controlling offense was a life term less than 25
years then the person is eligible for release after 20
years; and,
c) If the controlling offense was a life term of 25 years
to life then the person is eligible for release after 25
SB 261
Page 3
years.
3)Sets a deadline of July 1, 2015, for BPH to 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 the statute
that established youth offender parole hearings.
4)Provides that in reviewing a prisoner's suitability for parole
in a youthful offender parole hearing, the BPH 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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Significant one-time costs to the BPH 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.
2)Significant ongoing annual costs, likely in the hundreds of
thousands of dollars or greater (General Fund), to conduct
hearings for inmates as they become eligible. The magnitude
of costs would be dependent upon the rate at which BPH
conducts hearings, as there is no timeframe mandated for
prospectively eligible inmates. The California Department of
Corrections and Rehabilitation estimates an additional 5,600
inmates would be added to the BPH's hearing calendar over the
next several years. An additional 3,000 inmates are estimated
to be within the BPH's hearing cycle currently and would be
eligible to request to advance their next hearing date, as
specified.
SB 261
Page 4
3)One-time costs to BPH of about $100,000 to review and re-write
regulations.
4)Unknown state trial court savings as a result of an
accompanying reduction in writs of Habeas Corpus, by which
inmates challenge convictions and/or sentences.
5)Potential incarceration cost savings of $0.2 to $0.5 million
(General Fund) for every 20 to 50 inmates either released or
having their sentences reduced. Over 10 years, the savings
could increase to $2 to $5 million assuming the inmates would
have served ten additional years.
6)Minor offsetting increase in parole costs.
COMMENTS: According to the author, "Much like the existing
youth offender process, SB 261 holds young people accountable
and responsible for what they did. They must serve a minimum of
15 to 25 years in prison depending on their offense, and must
demonstrate remorse, maturity, and rehabilitation to be suitable
for parole.
"This reflects science, law, and common sense. Recent
neurological research shows that cognitive brain development
continues well beyond age 18 and into early adulthood. For boys
and young men in particular, this process continues into the
mid-20s. The parts of the brain that are still developing during
this process affect judgment and decision-making, and are highly
relevant to criminal behavior and culpability. Recent United
States Supreme Court cases including Roper v. Simmons, Graham v.
Florida, and Miller v. Alabama recognize the neurological
difference between youth and adults. The fact that youth are
still developing makes them especially capable of personal
SB 261
Page 5
development and growth.
"The State of California recognizes this as well. State law
provides youth with foster care services until age 21. It
extends Division of Juvenile Justice jurisdiction until age 23.
It also provides special opportunities for youth in our state
prison system through age 25.
"To be clear: SB 261 is by no means a 'free ticket' for release.
There is no mandate to a reduced sentence or release on parole,
only the opportunity for a parole hearing after serving at least
15 to 25 years in state prison. Even after that period there is
no guarantee for a grant of parole. The Board still has to
examine each inmate's suitability for parole, the criteria for
which this bill does not change.
"SB 261 will give young adults in our prisons hope and incentive
to improve their lives."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001608
SB 261
Page 6