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 delete 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 delete
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 delete 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 delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3051 of the Penal Code is amended to
2read:
(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 age, begin insert ageend insert at the time of his or her controlling offense.
6or as specified in paragraph (5) of subdivision (b) was under 18
7years of age,end delete
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
P3 1granted parole by the board, pursuant to paragraph (1) of
2subdivision (b) of
Section 3041, at a youth offender parole hearing.
3(2) Unless previously released or entitled to an earlier parole
4consideration hearing pursuant to other statutory provisions or
5court orders, an inmate who was convicted of a controlling offense
6that was committed before the inmate had attained 23 years of age
7and for which the sentence is a life term of less than 25 years to
8life shall be eligible for release on parole following completion of
9his or her 20th year of incarceration upon being granted parole by
10the board, pursuant to paragraph (1) of subdivision (b) of Section
113041, at a youth offender parole hearing.
12(3) Unless previously released or entitled to an earlier parole
13consideration hearing pursuant to other statutory provisions or
14court orders, an inmate who was convicted of a
controlling offense
15that was committed before the inmate had attained 23 years of age
16and for which the sentence is a life term of 25 years to life shall
17be eligible for release on parole following completion of his or her
1825th year of incarceration upon being granted parole by the board,
19pursuant to paragraph (1) of subdivision (b) of Section 3041, at a
20youth offender parole hearing.
21(4) This section shall not apply to an inmate serving a
22determinate sentence if he or she will be released by operation of
23law pursuant to his or her determinate term less than 180 days
24from his or her scheduled hearing date.
25(5) A person who was convicted of a controlling offense that
26was committed before the person had attained 18 years of age and
27for which the sentence is life without the possibility of parole shall
28be eligible for release on parole by the board during his or her 25th
29year of incarceration at a youth offender parole hearing, unless
30previously released or entitled to an earlier parole consideration
31hearing pursuant to other statutory provisions.
32(c) An individual subject to this section shall meet with the
33board pursuant to subdivision (a) of Section 3041.
34(d) The board shall conduct a youth offender parole hearing to
35consider release. At the youth offender parole hearing, the board
36shall release the individual on parole as provided in Section 3041,
37except that the board shall act in accordance with subdivision (c)
38of Section 4801.
39(e) The youth offender parole hearing to consider release shall
40provide for a meaningful opportunity to obtain release. The board
P4 1shall review and, as necessary, revise existing regulations and
2adopt new regulations regarding determinations of suitability made
3pursuant to this section, subdivision (c) of Section 4801, and other
4related
topics, consistent with relevant case law, in order to provide
5that meaningful opportunity for release.
6(f) (1) In assessing growth and maturity, psychological
7evaluations and risk assessment instruments, if used by the board,
8shall be administered by licensed psychologists employed by the
9board and shall take into consideration the diminished culpability
10of youth as compared to that of adults, the hallmark features of
11youth, and any subsequent growth and increased maturity of the
12individual.
13(2) Family members, friends, school personnel, faith leaders,
14and representatives from community-based organizations with
15knowledge about the individual before the crime or his or her
16growth and maturity since the time of the crime may submit
17statements for review by the
board.
18(3) This section is not intended to alter the rights of victims at
19parole hearings.
20(g) If parole is not granted, the board shall set the time for a
21subsequent youth offender parole hearing in accordance with
22paragraph (3) of subdivision (b) of Section 3041.5. In exercising
23its discretion pursuant to paragraph (4) of subdivision (b) and
24subdivision (d) of Section 3041.5, the board shall consider the
25factors in subdivision (c) of Section 4801. A subsequent youth
26offender parole hearing shall not be necessary if the offender is
27released pursuant to other statutory provisions prior to the date of
28the subsequent hearing.
29(h) This section shall not apply to cases in which sentencing
30occurs pursuant to Section
1170.12, subdivisions (b) to (i),
31inclusive, of Section 667, or Section 667.61, or to cases in which
32an individual is sentenced to life in prison without the possibility
33ofbegin delete parole for a controlling offense that was committed after the begin insert parole.end insert This section shall not
34person had attained 18 years of age.end delete
35apply to an individual to whom this section would otherwise apply,
36but who, subsequent to attaining 23 years of age,
commits an
37additional crime for which malice aforethought is a necessary
38element of the crime or for which the individual is sentenced to
39life in prison.
P5 1(i) (1) The board shall complete all youth offender parole
2
hearings for individuals who became entitled to have their parole
3suitability considered at a youth offender parole hearing prior to
4the effective date of the act that added paragraph (2) by July 1,
52015.
6(2) (A) The board shall complete all youth offender parole
7hearings for individuals who were sentenced to indeterminate life
8terms and who become entitled to have their parole suitability
9considered at a youth offender parole hearing on the effective date
10of the act that added this paragraph by July 1, 2017.
11(B) The board shall complete all youth offender parole hearings
12for individuals who were sentenced to determinate terms and who
13become entitled to have their parole suitability considered at a
14youth offender parole hearing on the effective date
of the act that
15added this paragraph by July 1, 2021. The board shall, for all
16individuals described in this subparagraph, conduct the consultation
17described in subdivision (a) of Section 3041 before July 1, 2017.
18(3) The board shall complete, by July 1, 2019, all youth offender
19parole hearings for individuals who were sentenced to terms of
20life without the possibility of parole who became entitled to have
21their parole suitability considered at a youth offender parole hearing
22on January 1, 2017.
Section 4801 of the Penal Code is amended to read:
(a) The Board of Parole Hearings may report to the
25Governor, from time to time, the names of any and all persons
26imprisoned in any state prison who, in its judgment, ought to have
27a commutation of sentence or be pardoned and set at liberty on
28account of good conduct, or unusual term of sentence, or any other
29cause, including evidence of intimate partner battering and its
30effects. For purposes of this section, “intimate partner battering
31and its effects” may include evidence of the nature and effects of
32physical, emotional, or mental abuse upon the beliefs, perceptions,
33or behavior of victims of domestic violence if it appears the
34criminal behavior was the result of that victimization.
35(b) (1) The board, in reviewing a prisoner’s suitability for parole
36pursuant to Section 3041.5, shall give great weight to any
37information or evidence that, at the time of the commission of the
38crime, the prisoner had experienced intimate partner battering, but
39was convicted of an offense that occurred prior to August 29, 1996.
40The board shall state on the record the information or evidence
P6 1that it considered pursuant to this subdivision, and the reasons for
2the parole decision. The board shall annually report to the
3Legislature and the Governor on the cases the board considered
4pursuant to this subdivision during the previous year, including
5the board’s decisions and the specific and detailed findings of its
6investigations of these cases.
7(2) The report for the Legislature to be submitted pursuant to
8paragraph
(1) shall be submitted pursuant to Section 9795 of the
9Government Code.
10(3) The fact that a prisoner has presented evidence of intimate
11partner battering cannot be used to support a finding that the
12prisoner lacks insight into his or her crime and its causes.
13(c) When a prisoner committed his or her controlling offense,
14as defined in subdivision (a) of Section 3051, prior to attaining 23
15years of age, the board, in reviewing a prisoner’s suitability for
16parole pursuant to Section 3041.5, shall give great weight to the
17diminished culpability of youth as compared to adults, the hallmark
18features of youth, and any subsequent growth and increased
19maturity of the prisoner in accordance with relevant case law.
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