SB 1070: Youth offender parole hearings.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-06-21
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.
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.
Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. 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. Existing law requires these hearings to be granted during specified years of incarceration.
This bill would make technical, nonsubstantive changes to these provisions. 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.
Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. 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.
This bill would make technical, nonsubstantive changes to these provisions.
(a)(1)A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age, or as specified in paragraph (5) of subdivision (b) was under 18 years of age, age at the time of his or her controlling offense.
(2)For the purposes of this section, the following definitions shall apply:
(A)Incarceration means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.
(B)Controlling offense means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.
(b)(1)Unless previously released pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole following completion of his or her 15th year of incarceration, upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(2)Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole following completion of his or her 20th year of incarceration upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(3)Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole following completion of his or her 25th year of incarceration upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(4)This section shall not apply to an inmate serving a determinate sentence if he or she 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.
(5)A person who was convicted of a controlling offense that was committed before the person had attained 18 years of age and for which the sentence is life without the possibility of parole shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
(c)An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.
(d)The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801.
(e)The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release.
(f)(1)In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual.
(2)Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board.
(3)This section is not intended to alter the rights of victims at parole hearings.
(g)If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. A subsequent youth offender parole hearing shall not be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.
(h)This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or to cases in which an individual is sentenced to life in prison without the possibility of parole for a controlling offense that was committed after the person had attained 18 years of age. parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison.
(i)(1)The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015.
(2)(A)The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017.
(B)The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.
(3)The board shall complete, by July 1, 2019, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole who became entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2017.
SEC. 2.Section 4801 of the Penal Code is amended to read:4801.(a)The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, intimate partner battering and its effects may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.
(b)(1)The board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the boards decisions and the specific and detailed findings of its investigations of these cases.
(2)The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.
(3)The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.
(c)When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of youth 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.
(a)(1)A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age age, or as specified in paragraph (5) of subdivision (b) was under 18 years of age, at the time of his or her controlling offense.
(2)For the purposes of this section, the following definitions shall apply:
(A)Incarceration means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.
(B)Controlling offense means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.
(b)(1)Unless previously released pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole following completion of his or her 15th year of incarceration, upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(2)Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole following completion of his or her 20th year of incarceration upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(3)Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the inmate had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole following completion of his or her 25th year of incarceration upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(4)This section shall not apply to an inmate serving a determinate sentence if he or she 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.
(5)A person who was convicted of a controlling offense that was committed before the person had attained 18 years of age and for which the sentence is life without the possibility of parole shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
(c)An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.
(d)The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801.
(e)The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release.
(f)(1)In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual.
(2)Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board.
(3)Nothing in this section is This section is not intended to alter the rights of victims at parole hearings.
(g)If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No A subsequent youth offender parole hearing shall not be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.
(h)This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or to cases in which an individual was is sentenced to life in prison without the possibility of parole. parole for a controlling offense that was committed after the person had attained 18 years of age. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison.
(i)(1)The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015.
(2)(A)The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017.
(B)The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.
(3)The board shall complete, by July 1, 2019, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole who became entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2017.
SEC. 2.Section 4801 of the Penal Code is amended to read:4801.(a)The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, intimate partner battering and its effects may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.
(b)(1)The board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the boards decisions and the specific and detailed findings of its investigations of these cases.
(2)The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.
(3)The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.
(c)When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of youth 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.
(a)(1)A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense.
(2)For the purposes of this section, the following definitions shall apply:
(A)Incarceration means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.
(B)Controlling offense means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.
(b)(1)A person Unless previously released pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during following completion of his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions. upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(2)A person Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during following completion of his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(3)A person Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, an inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during following completion of his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. upon being granted parole by the board, pursuant to paragraph (1) of subdivision (b) of Section 3041, at a youth offender parole hearing.
(4)This section shall not apply to an inmate serving a determinate sentence if he or she 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.
(c)An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.
(d)The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801.
(e)The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release.
(f)(1)In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual.
(2)Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board.
(3)Nothing in this section is intended to alter the rights of victims at parole hearings.
(g)If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.
(h)This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison.
(i)(1)The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015.
(2)(A)The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017.
(B)The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.
SEC. 2.Section 4801 of the Penal Code is amended to read:4801.(a)The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, intimate partner battering and its effects may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.
(b)(1)The board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the boards decisions and the specific and detailed findings of its investigations of these cases.
(2)The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.
(3)The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.
(c)When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of youth 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.
(a)(1)A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense.
(2)For the purposes of this section, the following definitions shall apply:
(A)Incarceration means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.
(B)Controlling offense means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.
(b)(1)A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions.
(2)A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
(3)A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
(c)An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.
(d)The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801.
(e)The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release.
(f)(1)In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of juveniles youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual.
(2)Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board.
(3)Nothing in this section is intended to alter the rights of victims at parole hearings.
(g)If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.
(h)This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison.
(i)(1)The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015.
(2)(A)The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017.
(B)The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017.
SEC. 2.Section 4801 of the Penal Code is amended to read:4801.(a)The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, intimate partner battering and its effects may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization.
(b)(1)The board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the boards decisions and the specific and detailed findings of its investigations of these cases.
(2)The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.
(3)The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes.
(c)When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoners suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of juveniles youth 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.
|
Date
|
Status
|
|---|---|
| May 9, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 28, 2016 | June 28 set for first hearing canceled at the request of author. |
| Jun 21, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 16, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| May 19, 2016 | Referred to Com. on PUB. S. |
| May 12, 2016 | Read third time. Passed. (Ayes 35. Noes 1.) Ordered to the Assembly. |
| May 12, 2016 | Read third time. Passed. (Ayes 35. Noes 1. Page 3845.) Ordered to the Assembly. |
| May 12, 2016 | In Assembly. Read first time. Held at Desk. |
| May 10, 2016 | Read second time. Ordered to third reading. |
| Feb 16, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 29, 2016 | Set for hearing May 9. |
| Apr 26, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 19). |
| Apr 25, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3613.) (April 19). |
| Mar 15, 2016 | Set for hearing April 19. |
| Feb 25, 2016 | Referred to Coms. on PUB. S. and APPR. |
| Feb 17, 2016 | From printer. May be acted upon on or after March 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 12, 2016 | Senate 3rd Reading SB1070 Hancock | Senate Floor |
Passed |
|
| Apr 19, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Anti-Recidivism Coaition | * Support | Apr 19, 2016 |
| Associated General Contractors | * Support | Jun 29, 2016 |
| Association Of California Water Agencies | * Against | Jun 29, 2016 |
| California District Attorneys Association | * Indeterminate | Apr 19, 2016 |
| California Legislative Council of Plumbing Heating Piping Industry | * Support | Jun 29, 2016 |
| California Municipal Utilities Association | * Against | Jun 29, 2016 |
| California Precast Concrete Association | * Support | Jun 29, 2016 |
| California Special District Association | * Against | Jun 29, 2016 |
| California State Association Of Counties | * Against | Jun 29, 2016 |
| City and County of San Fransisco | * Against | Jun 29, 2016 |
| Coalition For Adequate School Housing | * Against | Jun 29, 2016 |
| Community College Facilities Coalition | * Against | Jun 29, 2016 |
| Construction Employers' Association | * Support | Jun 29, 2016 |
| Contra Costa County | * Against | Jun 29, 2016 |
| County Of San Diego | * Against | Jun 29, 2016 |
| Cupertino, City Of | * Against | Jun 29, 2016 |
| El Dorado Irrigation District | * Against | Jun 29, 2016 |
| Human Rights Watch | ** Support | May 12, 2016 |
| League Of California Cities | * Against | Jun 29, 2016 |
| Log Angeles County Board of Supervisors | * Against | Jun 29, 2016 |
| Marin County | * Against | Jun 29, 2016 |
| National Electro Contractors Association | * Support | Jun 29, 2016 |
| Riverside County | * Against | Jun 29, 2016 |
| San Francisco Public Utilities Commission | * Against | Jun 29, 2016 |
| Santa Clara Valley Water District | * Against | Jun 29, 2016 |
| Southern California Contractors' Association | * Support | Jun 29, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1070
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/19/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill makes technical changes to the provisions governing youth offender parole.
ANALYSIS: 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 less than 23 years of age. (Penal Code §3051 and 4801)
This bill replaces the word juvenile with youth in these sections.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Human Rights Watch (source)
OPPOSITION: (Verified 5/10/16)
None received
5/11/16 15:44:23
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1070 Hearing Date: April 19, 2016
Author: | Hancock | ||
Version: | February 16, 2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | MK | ||
Subject: Youth Offender Parole Hearings
HISTORY
Source: Human Rights Watch
Prior Legislation: SB 261 (Hancock) – Chapter 471, Stats. 2015
SB 260 (Hancock) – Chapter 312, Stats. 2013
Support: Unknown
Opposition: California District Attorneys Association (unless amended)
PURPOSE
The purpose of this bill is to make technical changes to the provisions governing youth offender parole.
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 less than 23 years of age. (Penal Code §3051 and 4801)
This bill replaces the word juvenile with youth in these sections.
Existing law, for the purposes of a youth parole hearing, defines “controlling offense” as the offense or enhancement for which any sentencing court imposed the longest term of imprisonment. (Penal Code § 3051(a)(2)(B))
This bill instead deletes enhancement from the above definition of “controlling offense.”
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
This bill makes a technical change to SB 260 / 261 (Hancock 2015) to make the law consistent. SB 260/261 requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were less than 23 years of age.
Thus, this bill changes the word “juvenile” to “youth.” This bill also removes “enhancement” from the definition of a “controlling offense.”
2. Technical changes
This bill makes technical changes.
According to Human Rights Watch:
In 2013, California enacted SB 260, creating a specialized “Youth Offender Parole” process for people who were under the age of 18 at the time of their crimes, but tried as adults and sentenced to lengthy adult prison terms. In 2015, the state enacted SB 261, extending the SB 260/Youth Offender Parole process to people who were 22 years old or younger at the time of their crimes. Whereas the law previously only applied to juveniles, it now applies to juveniles and youth up through age 22. Because the law no longer solely applies to juveniles, the word “juvenile” should be changed to “youth.” This will eliminate potential confusion for the Board of Parole Hearings, youth offenders, and the public.
3. Proposed amendments:
The author will offer these amendments in Committee:
The following amendment addresses the concern raised by CDAA:
- Page 2 line 7 reinsert the deleted words “or enhancement”
The following amendments are technical:
- Page 2 amend lines 10 through 29 as follows:
(1) Unless previously released pursuant to other statutory provisions or court orders, Aan person inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during following completion of his or her 15th year of incarceration, upon being granted parole by the board pursuant to paragraph (1) of subdivision (b) of section 3041 at a youth offender parole hearing unless previously released pursuant to other statutory provisions.
(2) Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, Aan person inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during following completion of his or her 20th year of incarceration upon being granted parole by the board pursuant to paragraph (1) of subdivision (b) of section 3041 at a youth offender parole hearing at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
(3) Unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions or court orders, Aan person inmate who was convicted of a controlling offense that was committed before the person inmate had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during following completion of his or her 25th year of incarceration upon being granted parole by the board pursuant to paragraph (1) of subdivision (b) of section 3041 at a youth offender parole hearingat a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.
The following amendment will make it clear that the Parole Board does not have to have a hearing for a determinately sentenced inmate who would be released soon anyway:
- Page 2 between lines 29 and 30 insert:
(4) This section shall not apply to an inmate serving a determinate sentence if he or she will be released by operation of law pursuant to his or her determinate term less than 180 days from his scheduled hearing date.
-- END –
Discussed in Hearing
29MIN
Assembly Standing Committee on Local Government
2MIN
Senate Floor
2MIN
Senate Standing Committee on Public Safety
Bill Co-Author(s):