Amended in Assembly June 16, 2016

Amended in Senate April 26, 2016

Senate BillNo. 1070


Introduced bybegin delete Senator Hancockend deletebegin insert Senators Hancock and Laraend insert

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 committed specified crimes when they were under 23 years of age. Existing law requires these hearings to be granted during specified years of incarceration.begin insert Existing law, as added by initiative statute, imposes a term of confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25 years to life, on a defendant who was 16 years of age or older and under 18 years of age at the time of the commission of the crime for which he or she was found guilty of murder in the first degree, if specified special circumstances have been found true. Existing case law prohibits a juvenile convicted of a homicide offense from being sentenced to life in prison without parole absent consideration of the juvenile’s special circumstances in light of the principles and purposes of juvenile sentencing. end insert

This bill would 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.begin insert This bill would make a person who was convicted of a controlling offense that was committed before the person had attained 18 years of age and for which a life sentence without the possibility of parole has been imposed eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing. The bill would require the board to complete all hearings for individuals who become eligible to have their parole suitability considered at a youth offender parole hearing by this bill by January 1, 2019. The bill would make other technical, nonsubstantive changes. 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 ofbegin delete ageend delete
6begin insert age, or as specified in paragraph (5) of subdivision (b) was under
718 years of age,end insert
at the time of his or her controlling offense.

8(2) For the purposes of this section, the following definitions
9shall apply:

10(A) “Incarceration” means detention in a city or county jail, a
11local juvenile facility, a mental health facility, a Division of
12Juvenile Justice facility, or a Department of Corrections and
13Rehabilitation facility.

14(B) “Controlling offense” means the offense or enhancement
15for which any sentencing court imposed the longest term of
16imprisonment.

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

P3    1(2) Unless previously released or entitled to an earlier parole
2consideration hearing pursuant to other statutory provisions or
3court orders, an inmate who was convicted of a controlling offense
4that was committed before the inmate had attained 23 years of age
5and for which the sentence is a life term of less than 25 years to
6life shall be eligible for release on parole following completion of
7his or her 20th year of incarceration upon being granted parole by
8the board, pursuant to paragraph (1) of subdivision (b) of Section
93041, at a youth offender parole hearing.

10(3) Unless previously released or entitled to an earlier parole
11consideration hearing pursuant to other statutory provisions or
12court orders, an inmate who was convicted of a controlling offense
13that was committed before the inmate had attained 23 years of age
14and for which the sentence is a life term of 25 years to life shall
15be eligible for release on parole following completion of his or her
1625th year of incarceration upon being granted parole by the board,
17pursuant to paragraph (1) of subdivision (b) of Section 3041, at a
18youth offender parole hearing.

19(4) This section shall not apply to an inmate serving a
20determinate sentence if he or she will be released by operation of
21law pursuant to his or her determinate term less than 180 days
22from his or her scheduled hearing date.

begin insert

23
(5) A person who was convicted of a controlling offense that
24was committed before the person had attained 18 years of age and
25for which the sentence is life without the possibility of parole shall
26be eligible for release on parole by the board during his or her
2725th year of incarceration at a youth offender parole hearing,
28unless previously released or entitled to an earlier parole
29consideration hearing pursuant to other statutory provisions.

end insert

30(c) An individual subject to this section shall meet with the
31board pursuant to subdivision (a) of Section 3041.

32(d) The board shall conduct a youth offender parole hearing to
33consider release. At the youth offender parole hearing, the board
34shall release the individual on parole as provided in Section 3041,
35except that the board shall act in accordance with subdivision (c)
36of Section 4801.

37(e) The youth offender parole hearing to consider release shall
38provide for a meaningful opportunity to obtain release. The board
39shall review and, as necessary, revise existing regulations and
40adopt new regulations regarding determinations of suitability made
P4    1pursuant to this section, subdivision (c) of Section 4801, and other
2related topics, consistent with relevant case law, in order to provide
3that meaningful opportunity for release.

4(f) (1) In assessing growth and maturity, psychological
5evaluations and risk assessment instruments, if used by the board,
6shall be administered by licensed psychologists employed by the
7board and shall take into consideration the diminished culpability
8of youth as compared to that of adults, the hallmark features of
9youth, and any subsequent growth and increased maturity of the
10individual.

11(2) Family members, friends, school personnel, faith leaders,
12and representatives from community-based organizations with
13knowledge about the individual before the crime or his or her
14growth and maturity since the time of the crime may submit
15statements for review by the board.

16(3) begin deleteNothing in this section is end deletebegin insertThis section is not end insertintended to alter
17the rights of victims at parole hearings.

18(g) If parole is not granted, the board shall set the time for a
19subsequent youth offender parole hearing in accordance with
20paragraph (3) of subdivision (b) of Section 3041.5. In exercising
21its discretion pursuant to paragraph (4) of subdivision (b) and
22subdivision (d) of Section 3041.5, the board shall consider the
23factors in subdivision (c) of Section 4801.begin delete Noend deletebegin insert Aend insert subsequent youth
24offender parole hearing shallbegin insert notend insert be necessary if the offender is
25released pursuant to other statutory provisions prior to the date of
26the subsequent hearing.

27(h) This section shall not apply to cases in which sentencing
28occurs pursuant to Section 1170.12, subdivisions (b) to (i),
29inclusive, of Section 667, or Section 667.61, orbegin insert to casesend insert in which
30an individualbegin delete wasend deletebegin insert isend insert sentenced to life in prison without the
31possibility ofbegin delete parole.end deletebegin insert parole for a controlling offense that was
32committed after the person had attained 18 years of age.end insert
This
33section shall not apply to an individual to whom this section would
34otherwise apply, but who, subsequent to attaining 23 years of age,
35 commits an additional crime for which malice aforethought is a
36necessary element of the crime or for which the individual is
37sentenced to life in prison.

38(i) (1) The board shall complete all youth offender parole
39 hearings for individuals who became entitled to have their parole
40suitability considered at a youth offender parole hearing prior to
P5    1the effective date of the act that added paragraph (2) by July 1,
22015.

3(2) (A) The board shall complete all youth offender parole
4hearings for individuals who were sentenced to indeterminate life
5terms and who become entitled to have their parole suitability
6considered at a youth offender parole hearing on the effective date
7of the act that added this paragraph by July 1, 2017.

8(B) The board shall complete all youth offender parole hearings
9for individuals who were sentenced to determinate terms and who
10become entitled to have their parole suitability considered at a
11youth offender parole hearing on the effective date of the act that
12added this paragraph by July 1, 2021. The board shall, for all
13individuals described in this subparagraph, conduct the consultation
14described in subdivision (a) of Section 3041 before July 1, 2017.

begin insert

15
(3) The board shall complete, by July 1, 2019, all youth offender
16parole hearings for individuals who were sentenced to terms of
17life without the possibility of parole who became entitled to have
18their parole suitability considered at a youth offender parole
19hearing on January 1, 2017.

end insert
20

SEC. 2.  

Section 4801 of the Penal Code is amended to read:

21

4801.  

(a) The Board of Parole Hearings may report to the
22Governor, from time to time, the names of any and all persons
23imprisoned in any state prison who, in its judgment, ought to have
24a commutation of sentence or be pardoned and set at liberty on
25account of good conduct, or unusual term of sentence, or any other
26cause, including evidence of intimate partner battering and its
27effects. For purposes of this section, “intimate partner battering
28and its effects” may include evidence of the nature and effects of
29physical, emotional, or mental abuse upon the beliefs, perceptions,
30or behavior of victims of domestic violence if it appears the
31criminal behavior was the result of that victimization.

32(b) (1) The board, in reviewing a prisoner’s suitability for parole
33pursuant to Section 3041.5, shall give great weight to any
34information or evidence that, at the time of the commission of the
35crime, the prisoner had experienced intimate partner battering, but
36was convicted of an offense that occurred prior to August 29, 1996.
37The board shall state on the record the information or evidence
38that it considered pursuant to this subdivision, and the reasons for
39the parole decision. The board shall annually report to the
40Legislature and the Governor on the cases the board considered
P6    1pursuant to this subdivision during the previous year, including
2the board’s decisions and the specific and detailed findings of its
3investigations of these cases.

4(2) The report for the Legislature to be submitted pursuant to
5paragraph (1) shall be submitted pursuant to Section 9795 of the
6Government Code.

7(3) The fact that a prisoner has presented evidence of intimate
8partner battering cannot be used to support a finding that the
9prisoner lacks insight into his or her crime and its causes.

10(c) When a prisoner committed his or her controlling offense,
11as defined in subdivision (a) of Section 3051, prior to attaining 23
12years of age, the board, in reviewing a prisoner’s suitability for
13parole pursuant to Section 3041.5, shall give great weight to the
14diminished culpability of youth as compared to adults, the hallmark
15features of youth, and any subsequent growth and increased
16maturity of the prisoner in accordance with relevant case law.



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