Amended in Senate April 26, 2016

Senate BillNo. 1070


Introduced by Senator Hancock

February 16, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1070, as amended, Hancock. Youth offender parole hearings.

Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committedbegin delete thoseend delete specified crimes when they were under 23 years of age.begin delete Existing law requires the board to complete, by July 1, 2017, all youth offender parole hearings for individuals who were sentenced to indeterminate life terms, as specified. Existing law requires the board to complete, by July 1, 2021, all youth offender parole hearings for individuals who were sentenced to determinate terms, as specified.end deletebegin insert Existing law requires these hearings to be granted during specified years of incarceration.end insert

This bill wouldbegin delete make technical, nonsubstantive changes to these provisions.end deletebegin insert recast those provisions, and instead require the youth offender parole hearings following completion of the specified year of incarceration. This bill would provide that these hearings are not required for inmates serving a determinate sentence who will be released by operation of law pursuant to his or her determinate term less than 180 days from his or her scheduled hearing date.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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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 offensebegin insert or enhancementend insert
14 for which any sentencing court imposed the longest term of
15imprisonment.

16(b) (1) begin deleteA person end deletebegin insertUnless previously released pursuant to other
17statutory provisions or court orders, an inmate end insert
who was convicted
18of a controlling offense that was committed before thebegin delete personend delete
19begin insert inmateend insert had attained 23 years of age and for which the sentence is
20a determinate sentence shall be eligible for release on parolebegin delete at a
21youth offender parole hearing by the board duringend delete
begin insert following
22completion ofend insert
his or her 15th year of incarceration,begin delete unless
23previously released pursuant to other statutory provisions.end delete
begin insert upon
24being granted parole by the board, pursuant to paragraph (1) of
25subdivision (b) of Section 3041, at a youth offender parole hearing.end insert

26(2) begin deleteA person end deletebegin insertUnless previously released or entitled to an earlier
27parole consideration hearing pursuant to other statutory provisions
28or court orders, an inmate end insert
who was convicted of a controlling
29offense that was committed before thebegin delete personend deletebegin insert inmateend insert had attained
3023 years of age and for which the sentence is a life term of less
31than 25 years to life shall be eligible for release on parolebegin delete by the
32board duringend delete
begin insert following completion ofend insert his or her 20th year of
33incarceration begin delete at a youth offender parole hearing, unless previously
34released or entitled to an earlier parole consideration hearing
35pursuant to other statutory provisions.end delete
begin insert upon being granted parole
36by the board, pursuant to paragraph (1) of subdivision (b) of
37Section 3041, at a youth offender parole hearing.end insert

P3    1(3) begin deleteA person end deletebegin insertUnless previously released or entitled to an earlier
2parole consideration hearing pursuant to other statutory provisions
3or court orders, an inmate end insert
who was convicted of a controlling
4offense that was committed before thebegin delete personend deletebegin insert inmateend insert had attained
523 years of age and for which the sentence is a life term of 25 years
6to life shall be eligible for release on parolebegin delete by the board duringend delete
7begin insert following completion ofend insert his or her 25th year of incarcerationbegin delete at a
8youth offender parole hearing, unless previously released or entitled
9to an earlier parole consideration hearing pursuant to other statutory
10provisions.end delete
begin insert upon being granted parole by the board, pursuant to
11paragraph (1) of subdivision (b) of Section 3041, at a youth
12offender parole hearing.end insert

begin insert

13
(4) This section shall not apply to an inmate serving a
14determinate sentence if he or she will be released by operation of
15law pursuant to his or her determinate term less than 180 days
16from his or her scheduled hearing date.

end insert

17(c) An individual subject to this section shall meet with the
18board pursuant to subdivision (a) of Section 3041.

19(d) The board shall conduct a youth offender parole hearing to
20consider release. At the youth offender parole hearing, the board
21shall release the individual on parole as provided in Section 3041,
22except that the board shall act in accordance with subdivision (c)
23of Section 4801.

24(e) The youth offender parole hearing to consider release shall
25provide for a meaningful opportunity to obtain release. The board
26shall review and, as necessary, revise existing regulations and
27adopt new regulations regarding determinations of suitability made
28pursuant to this section, subdivision (c) of Section 4801, and other
29related topics, consistent with relevant case law, in order to provide
30that meaningful opportunity for release.

31(f) (1) In assessing growth and maturity, psychological
32evaluations and risk assessment instruments, if used by the board,
33shall be administered by licensed psychologists employed by the
34board and shall take into consideration the diminished culpability
35of youth as compared to that of adults, the hallmark features of
36youth, and any subsequent growth and increased maturity of the
37individual.

38(2) Family members, friends, school personnel, faith leaders,
39and representatives from community-based organizations with
40knowledge about the individual before the crime or his or her
P4    1growth and maturity since the time of the crime may submit
2statements for review by the board.

3(3) Nothing in this section is intended to alter the rights of
4victims at parole hearings.

5(g) If parole is not granted, the board shall set the time for a
6subsequent youth offender parole hearing in accordance with
7paragraph (3) of subdivision (b) of Section 3041.5. In exercising
8its discretion pursuant to paragraph (4) of subdivision (b) and
9subdivision (d) of Section 3041.5, the board shall consider the
10factors in subdivision (c) of Section 4801. No subsequent youth
11offender parole hearing shall be necessary if the offender is released
12pursuant to other statutory provisions prior to the date of the
13subsequent hearing.

14(h) This section shall not apply to cases in which sentencing
15occurs pursuant to Section 1170.12, subdivisions (b) to (i),
16inclusive, of Section 667, or Section 667.61, or in which an
17individual was sentenced to life in prison without the possibility
18of parole. This section shall not apply to an individual to whom
19this section would otherwise apply, but who, subsequent to
20attaining 23 years of age, commits an additional crime for which
21malice aforethought is a necessary element of the crime or for
22which the individual is sentenced to life in prison.

23(i) (1) The board shall complete all youth offender parole
24 hearings for individuals who became entitled to have their parole
25suitability considered at a youth offender parole hearing prior to
26the effective date of the act that added paragraph (2) by July 1,
272015.

28(2) (A) The board shall complete all youth offender parole
29hearings for individuals who were sentenced to indeterminate life
30terms and who become entitled to have their parole suitability
31considered at a youth offender parole hearing on the effective date
32of the act that added this paragraph by July 1, 2017.

33(B) The board shall complete all youth offender parole hearings
34for individuals who were sentenced to determinate terms and who
35become entitled to have their parole suitability considered at a
36youth offender parole hearing on the effective date of the act that
37added this paragraph by July 1, 2021. The board shall, for all
38individuals described in this subparagraph, conduct the consultation
39described in subdivision (a) of Section 3041 before July 1, 2017.

40

SEC. 2.  

Section 4801 of the Penal Code is amended to read:

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4801.  

(a) The Board of Parole Hearings may report to the
2Governor, from time to time, the names of any and all persons
3imprisoned in any state prison who, in its judgment, ought to have
4a commutation of sentence or be pardoned and set at liberty on
5account of good conduct, or unusual term of sentence, or any other
6cause, including evidence of intimate partner battering and its
7effects. For purposes of this section, “intimate partner battering
8and its effects” may include evidence of the nature and effects of
9physical, emotional, or mental abuse upon the beliefs, perceptions,
10or behavior of victims of domestic violence if it appears the
11criminal behavior was the result of that victimization.

12(b) (1) The board, in reviewing a prisoner’s suitability for parole
13pursuant to Section 3041.5, shall give great weight to any
14information or evidence that, at the time of the commission of the
15crime, the prisoner had experienced intimate partner battering, but
16was convicted of an offense that occurred prior to August 29, 1996.
17The board shall state on the record the information or evidence
18that it considered pursuant to this subdivision, and the reasons for
19the parole decision. The board shall annually report to the
20Legislature and the Governor on the cases the board considered
21pursuant to this subdivision during the previous year, including
22the board’s decisions and the specific and detailed findings of its
23investigations of these cases.

24(2) The report for the Legislature to be submitted pursuant to
25paragraph (1) shall be submitted pursuant to Section 9795 of the
26Government Code.

27(3) The fact that a prisoner has presented evidence of intimate
28partner battering cannot be used to support a finding that the
29prisoner lacks insight into his or her crime and its causes.

30(c) When a prisoner committed his or her controlling offense,
31as defined in subdivision (a) of Section 3051, prior to attaining 23
32years of age, the board, in reviewing a prisoner’s suitability for
33parole pursuant to Section 3041.5, shall give great weight to the
34diminished culpability of youth as compared to adults, the hallmark
35features of youth, and any subsequent growth and increased
36maturity of the prisoner in accordance with relevant case law.



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