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