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SB-1242 Parole.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
SB1242:v98#DOCUMENT

Amended  IN  Senate  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1242


Introduced by Senator Newman

February 15, 2018


An act to amend Section 3051 of, and to add Section 3042.5 to, to the Penal Code, relating to parole.


LEGISLATIVE COUNSEL'S DIGEST


SB 1242, as amended, Newman. Parole.
Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmate’s minimum eligible parole release date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. During this consultation, the board is required to provide the inmate with information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior.
This bill would establish additional requirements for parole hearings for an inmate with a life sentence that are required to be met before parole is granted. The bill would require the inmate to demonstrate, have, among other things, remorse and insight into the nature of the crime the inmate committed, that the inmate has been free from disciplinary actions for a reasonable period of time prior to the hearing, and that the inmate has developed realistic postrelease plans, as specified.

Existing law generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 25 years of age and who were sentenced to state prison.

This bill would exclude an individual from the youth offender parole hearing process who was convicted of first-degree murder of a peace officer or former peace officer, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3042.5 is added to the Penal Code, to read:

3042.5.
 (a)The following shall apply to parole hearings for an inmate with a life sentence and shall be established to the satisfaction of the board before parole is granted:

(1)(A) The

(a) (1) The inmate demonstrates has remorse and insight into the nature of the crime of which the inmate is convicted, unless the inmate asserts his or her factual innocence of the crime.

(B)

(2) The inmate has not minimized his or her role in the crime, and is found to be credible about his or her role in the crime.

(2)

(b) The inmate demonstrates the changes the inmate has made to illustrate his or her departure from prior criminality.

(3)

(c) The inmate demonstrates that the inmate has been free from disciplinary actions for a reasonable period of time prior to the hearing.

(4)

(d) The inmate demonstrates positive activities while in custody.

(5)

(e) The inmate demonstrates has developed realistic postrelease plans to avoid relapse or other conduct that contributed to prior criminality.

(b)A victim, or victim’s witnesses who are next of kin or members of the victim’s immediate family, who have the right to appear at the hearing to review parole suitability for an inmate with a life sentence, shall also have the right to appear by means of videoconferencing, with the option of having their video image concealed or obscured. For the purposes of this subdivision, “videoconferencing” means the live transmission of audio and video signals by any means from one physical location to another.

SEC. 2.Section 3051 of the Penal Code is amended to read:
3051.

(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 25 years of age or younger, or was under 18 years of age as specified in paragraph (4) of subdivision (b), 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 when the person was 25 years of age or younger 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 when the person was 25 years of age or younger 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 when the person was 25 years of age or younger 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.

(4)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. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 26 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)This section shall not apply to an individual who was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties.

(j)(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)(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 January 1, 2020.

(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 January 1, 2022. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before January 1, 2019.

(4)The board shall complete, by July 1, 2020, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before July 1, 2020.