Friday, September 6, 2013

Assembly to Consider Bill Allowing Parole for Juveniles Sentenced as Adults

SB 260, proposed by Senator Loni Hancock, offers the possibility of judicial review of sentences of juveniles who were tried as adults. From the bill [cleaned-up text]:


This bill would require the Board of Parole Hearings to conduct a youth offender parole hearing to consider release of offenders who committed specified crimes prior to being 18 years of age and who were sentenced to state prison and. The bill would require parole consideration to be given during the 15th year of incarceration if the person meeting these criteria received a determinate sentence, during the 20th year if the person received a sentence that was less than 25 years to life, and during the 25th year of incarceration if the person received a sentence that was 25 years to life. The bill would require the board, in reviewing a prisoner’s suitability for parole, to give great weight to the diminished culpability of juveniles 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. The bill would require that, in assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, be administered by licensed psychologists employed by the board and take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. The bill would permit family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the young person prior to the crime or his or her growth and maturity since the commission of the crime to submit statements for review by the board and would permit the individual to designate one person to attend the youth offender parole hearing and read a brief statement. 

This bill is, in a way, an extension of SB 9, which created a similar process for juveniles sentenced to life without parole. It would extend the courtesy of judicial review to juveniles serving long sentences. The release is not automatic or mandated, and as the text says, the offenders will have already served lengthy sentences - 20 or 25 years, depending on the original sentence. The bill will not apply to third strikers or to folks whose resentencing is covered by SB 9.

The bill hits the Assembly floor tomorrow.

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