1/1/2018: Assembly Bill 1308 (AB1308) increased age of Youth Offenders Hearing, if crime BEFORE reaching 26 y.o.
1/1/2016: (SB261), crime BEFORE reaching 23 y.o.
1/1/2014: Senate Bill 260, crime BEFORE reaching 18 y.o.
(SB260 / 261 / AB1308 Qualification Questionnaire)
Youth Offender Hearings - started in 2014
1) Youth Offender Schedule 2) Lifer Parole Hearings Schedule
A California Bill signed by Governor Brown on September 16, 2013 implementing the United States Supreme Court’s decision in Miller v. Alabama (2012) 183 L.Ed.2d 407, which recognizes that most young people who commit crimes have the ability to change and become law abiding citizens as they age and mature. "Hallmark features of Youth" to be given "great weight" include immaturity, impulsitivity, recklessness, lessened responsibility, lessened ability to anticipate and appreciate consequences, immune to punishment, susceptibility to negative family/peer influences, and lessened capacity to overcome (or escape) dysfunctional home environments or crime-producing settings. NOTE: Denial of Parole at the SB260/SB261/AB1308 Youth Offender hearings, the inmate will be subject to Marsy's Law denial length.
WHAT IS MARSY'S LAW (aka Prop-9) : On November 4, 2008, California voters passed Proposition 9, the Victims’ Bill of Rights Act (“Act”). The Act simplistically treats ALL lifers equally, regardless of the individual facts or any extenuating circumstances. California Penal Code section 3041.5 is amended, increasing the parole-denial periods to which life prisoners could be subjected.
WHAT PENAL CODE SECTIONS IMPACT LIFERS THE MOST by P9
?: Under the former Penal Code section 3041.5 life prisoners who were not convicted of murder could be denied parole for 1 or 2 years, and lifer prisoners who were convicted of murder could be denied parole for 1, 2, 3, 4, or 5 years. Under amended section 3041.5. ALL life prisoners can be denied parole 15, 10, 7, 5, or 3 years. Parole Hearing are now by default every 15-year after any hearing which a parole is denied
, unless the BPH can show by “clear and convincing” evidence that the inmate does not require a more lengthy period of incarceration. If that evidence is shown, then the BPH may proceed to set the next denial in the order of 10, 7, 5, and finally 3-years based upon the same criteria.