CALIFORNIA PAROLE PROCESS & SB 260 YOUTH OFFENDER PAROLE U S - - PowerPoint PPT Presentation

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Jan 17, 2023 20 likes •114 views

CALIFORNIA PAROLE PROCESS & SB 260 YOUTH OFFENDER PAROLE U S C La w P o s t - Co n v i c t i o n J u s t i c e P r o je c t U n c o m m o n La w H u m a n R i g h t s W a t c h h t t p : / / l a w . u s c . e d u / p c jp - d o w n

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U S C La w P o s t - Co n v i c t i o n J u s t i c e P r o je c t U n c o m m o n La w H u m a n R i g h t s W a t c h h t t p : / / l a w . u s c . e d u / p c jp - d o w n l o a d s M a y 3 , 2 0 14 U SC Go u ld Sch o o l o f La w

CALIFORNIA PAROLE PROCESS & SB 260 YOUTH OFFENDER PAROLE

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YO U TH O F F E N D E R P A R O LE H E A R I N G S

Senate Bill 260

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SB260 OVERVIEW

Penal Code §§ 3041(a), 3046(c), 3051
Effective Date: January 1, 2014
Backlog deadline: July 1, 2015
Estimated 5,000-6,000 eligible inmates
Three Major Components:

Six Year Consultation (all ISL inmates) Early Parole/ Release Eligibility Youth Offender Parole Hearing

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Six Year Consultation

Penal Code § 30 41(a)

Applies to all ISL prisoners (replaces doc hearing)
Sixth year prior to MEPD
Requires the Board to:
Review and document activities and conduct relevant to parole
Provide Information on
parole hearing process
legal factors relevant to suitability or unsuitability
Provide individualized recom m endations
Work Assignments
Rehabilitative Programming
Institutional Behavior
Written Positive/ Negative Findings and Recommendation

Backlog (“as resources allow”)

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Eligibility

Under 18 at the time of the commitment offense(s)
EXCLUSIONS
LWOP (PC 190.5) but not those resentenced under 1170(d)(2)
Three-Strikes life sentence with two or more serious or violent

strikes (PC §§ 1170.12; 667(b)-(i))

One-strike sex offenses (PC § 667.61)
Post-18 life sentence (or malice crime)

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Eligibility for Parole Hearing and Release Controlling Offense

15th year of incarceration 20th year of incarceration 25th year of incarceration

If the longest term is determ inate (not “life”) If the longest term is a life sentence with a m inim um of less than 25 years If the longest term is 25-to-life

Parole Eligibility

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SIGNIFICANT POINTS

NO MATRIX
Years of Incarceration
Includes all custody credits
Includes incarceration on any term
Eligible for Post-Conviction Credits
Does Not Impact Release on Determinate Term
Single-track parole process
Marsy’s Law applies to denials
Same Governor Review Process
Murder
Other Life Crimes

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YOUTH OFFENDER PAROLE HEARING

GREAT WEIGHT STANDARD
Diminished Culpability of Juveniles as Compared to Adults
Adolescent Brain (Under)Development / Executive Functioning
Inability to Escape Violent or Dysfunctional Environment
Lessened Ability to Participate in Defense
Greater Potential for Change and Rehabilitation
Hallmark Features of Youth
Impulsivity, Impetuosity
Inability to Appreciate Consequences of Behavior
More Likely to Engage in Risky Behavior
Susceptible to Influence, Psychological Damage, Peer Pressure
Subsequent Growth and Maturity
Maturity leads to that considered reflection which is the

foundation for “remorse, renewal, rehabilitation” (Graham )

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BPH IMPLEMENTATION PROCESS

Scheduling Hearings
YOs who previously met MEPD
Scheduled hearing becomes YOPH
Petition to Advance for those with previous denial/ reversal
YOs who have not yet met MEPD
Begin to schedule for hearings in the fall (???)
Statutory deadline (July 15, 2014) likely to be extended
BPH Psychological Evaluations
Same risk assessments (disadvantage youth)
Psychologists must take into consideration diminished culpability
f juveniles, hallmark features of youth, and subsequent growth

and maturity.

Promulgating Regulations