California’s Franklin Hearing and Youth Parole Rules

Who Can Be Released Through a Franklin Hearing?

California’s Franklin Hearing and Youth Parole Rules

Amongst California’s numerous recent criminal-justice reforms is the introduction of Franklin hearings for convicted inmates. Though a Franklin hearing can result in your loved one’s release from prison, its applicability is limited. The only inmates eligible for a Franklin hearing are those who committed significant crimes in their youth.

What Is a Franklin Hearing?

Named for a 2016 California Supreme Court case, a Franklin hearing is effectively a sentencing hearing for inmates convicted of severe crimes when they were young. During a Franklin hearing, the inmate can present mitigating evidence regarding their age to the court. A mitigating factor is one that does not excuse a person’s actions but rather helps explain their conduct.

An inmate does not argue that they are innocent of their crimes. Instead, they offer some rationale or reasons they were in that position. Some of the mitigating evidence that can be presented during a Franklin hearing includes:

  • Age at the time of the offense.
  • Mental or emotional maturity when the offense was committed.
  • Troubled upbringing or instability in their youth environment.
  • Cognitive inability to understand that their actions were wrong.
  • Evidence of emotional growth during imprisonment.

To show that they are a different person, inmates often point to a clean prison record, positive risk assessments, and psychological reports during a Franklin hearing. Any evidence presented during a Franklin hearing can then impact a traditional Board of Parole review.

What Is a Controlling Offense?

Unfortunately, Franklin hearings are only open to prisoners who were convicted of what is called a “controlling offense.” Only the most serious crimes, such as rape, murder, and manslaughter, can be considered controlling offenses. Additionally, to be a controlling offense, the prisoner must have received the longest term of imprisonment available under the law.

To be an eligible controlling offense for a Franklin hearing, the prisoner must have been convicted of a crime they committed when they were 25 years or younger. Additionally, the prison sentence carried by the conviction must be determinative or carry a maximum penalty of life in prison.

What Happens After a Franklin Hearing?

A Franklin hearing is based on the constitutional right against excessive and cruel punishments. According to the Supreme Court, before ordering a juvenile or young adult to a lengthy prison sentence, courts should weigh evidence of youth. Any of the mitigating factors can show explanations for the conduct of the convicted criminal based on their age.

If a court did not consider the mitigating factors of the defendant’s age during sentencing, it might have violated the inmate’s constitutional rights. Therefore, a Franklin hearing is specifically designed to allow inmates to show that their sentence would be less if the court had considered some or all these factors.

Your loved one needs to have an attorney petition for a Franklin hearing. Without a Franklin hearing, whenever the inmate is eligible for their first hearing before the Board of Parole, this evidence will not be in the record and is unlikely to be considered. However, after a Franklin hearing, the Board will be aware of the mitigating factors when the inmate requests parole. It can use them to determine the prisoner is suitable to be released.

If you are in Anaheim, California, and have a loved one who you think may be eligible for a Franklin hearing, call Chambers Law Firm. Our dedicated team of attorneys can review their eligibility and pursue a hearing. Schedule an obligation-free meeting today by calling 714-760-4088 or emailing dchambers@clfca.com.

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