Defendants who qualify can now receive special Youth Offender Parole Hearings
The California State Legislature has passed a significant new law that allows certain juvenile defendants to obtain parole. This new law, which is referred to as SB 260, became effective January 1, 2014. It is designed to help defendants who were (1) under the age of 18 when sentenced and (2) tried as adults by giving them the right to special Youth Offender Parole Hearings in many cases.
What’s Special About Youth Offender Parole Hearings?
SB 260 has made significant changes the parole process for juvenile defendants. The main difference between a regular parole hearing and the new Youth Offender Parole Hearings established by the new law is that the Board of Parole will be expected to give great weight to considerations related to youth and development when considering a person’s suitability for parole.
For example, the Board will be expected to consider:
- The diminished culpability of youth
- The difficulties of resisting peer pressure in youth
- Poor impulse control associated with youth
- Diminished ability of youth to understand risks and consequences as compared to adults
- Any evidence of personal growth and increased maturity displayed at the time of the hearing
Can All Juvenile Defendants Qualify?
There are certain exceptions to the new law, so not all defendants who were under 18 and tried as adults will automatically qualify for a Youth Offender Parole Hearing. Individuals cannot have a Youth Offender Parole Hearing if:
- They are serving a life sentence for:
- A third strike under the three-strikes law
- A one-strike rape
- Life without parole
- They committed a new crime after age 18 that either:
- Involved “malice aforethought”
- Resulted in a life sentence
Additionally, there are time requirements involved in eligibility for a hearing under SB 260. Depending on the details of the individual situation, the hearing might occur during the 15th, 20th, or 25th year of incarceration.
What About My Case?
SB 260 is a complex piece of legislation, and you should contact Chambers Law Firm for an analysis of whether you or your loved one qualifies for potential relief under the new law.
For Your Reference
The new law is contained in California Penal Code sections 3041, 3046, 3051 and 4801. Below is a link to a reference guide that provides an overview of the new law: click here
