SB 1070: 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. 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 juveniles special circumstances in light of the principles and purposes of juvenile sentencing.

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. 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.