Bill Text: CA AB965 | 2019-2020 | Regular Session | Amended
Bill Title: Youth offender hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 577, Statutes of 2019. [AB965 Detail]
Download: California-2019-AB965-Amended.html
Amended
IN
Assembly
May 16, 2019 |
Assembly Bill | No. 965 |
Introduced by Assembly Member Mark Stone |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the Elderly Parole Program, for the purpose of reviewing the parole suitability of inmates who are 60 years of age or older and who have served a minimum of 25 years of continuous incarceration, as defined, on their sentence. Existing law requires the board, when considering the release of an inmate who meets this criteria, to consider whether
age, time served, and diminished physical condition, if any, have reduced the elderly inmate’s risk for future violence.
This bill would apply credits earned by the person to reduce the minimum of 25 years of continuous incarceration to be eligible for the Elderly Parole Program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
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 the controlling offense.(j)The time periods specified in paragraphs (1), (2), and (3) of subdivision (b) that are required to elapse before an individual is eligible for release on parole shall be reduced by the number of days earned of credits authorized by the Department of Corrections and Rehabilitation.
(a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearing, for purposes of reviewing the parole suitability of any inmate who is 60 years of age or older and has served a minimum of 25 years of continuous incarceration, reduced by the number of days earned of credits authorized by the Department of Corrections and Rehabilitation, on the inmate’s current sentence, serving either a
determinate or indeterminate sentence.
(b)(1)For purposes of this code, the term “elderly parole eligible date” means the date on which an inmate who qualifies as an elderly offender is eligible for release from prison.
(2)For purposes of this section, “incarceration” means detention in a city or county jail, local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility.
(c)When considering the release of an inmate specified by subdivision (a) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly inmate’s risk for future violence.
(d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the inmate meets or will meet the criteria specified in subdivision (a).
(e)An individual who is subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. If an inmate is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.
(f)If parole is not granted, the board shall set the time for a subsequent elderly parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. No subsequent elderly parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior
to the date of the subsequent hearing.
(g)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 in which an individual was sentenced to life in prison without the possibility of parole or death.
(h)This section does not apply if the person 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 the officer’s duties, and the individual knew, or reasonably should have known,
that the victim was a peace officer engaged in the performance of the officer’s 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 the officer’s official duties.
(i)This section does not alter the rights of victims at parole hearings.