Please Support: Bill SB 672 Introduced 2/21/25: The Youth Rehabilitation and Opportunity Act is to reduce the LWOP inmate Youth parole hearing age from under 18 to under 26 years of age.

 

SB 672 (Rubio) is titled "The Youth Rehabilitation and Opportunity Act."

An act to amend Section 3051 of the Penal Code, relating to parole via a new senate bill:

 

SB 672, as introduced, by Senator Susan Rubio [D]:

YOUTH OFFENDER BACKGROUND LAW:

Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed specified crimes when they were under 25 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was under 18 years of age and for which the sentence is life without the possibility of parole eligible for release on parole at a youth offender hearing by the board during the person’s 25th year of incarceration.

Under existing law, a murder perpetrated by specified means or under certain circumstances is defined as murder of the first degree. Existing law, as added by Proposition 7, an initiative measure approved by the voters at the November 7, 1978, statewide general election, requires that a person convicted of first-degree murder be subject to death or confinement in prison for a term of life without the possibility of parole in any case in which specified special circumstances are charged and found to be true. Proposition 7 does not provide for amendment by the Legislature.

This bill, the Youth Rehabilitation and Opportunity Act, would instead make 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 they were sentenced to life without the possibility of parole eligible for parole after their 25th year of incarceration, except as specified. The bill would require the board to complete, by January 1, 2028, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by these provisions.

PROMOTING A MORE JUST AND HUMANE APPROACH TO SENTENCING:

SB 672, the Youth Rehabilitation and Opportunity Act, is grounded in the understanding that brain development continues into a person's mid-twenties, impacting judgment and decision-making. Sentencing individuals to life without parole for offenses committed before this developmental stage fails to account for the potential for rehabilitation and change. Extending parole eligibility to those under 26 acknowledges that younger individuals possess a greater capacity for reform, offering a chance for redemption and reintegration into society. This aligns with evolving scientific understanding of adolescent brain development and promotes a more just and humane approach to sentencing, recognizing that even those who commit serious crimes at a young age deserve the opportunity to demonstrate their rehabilitation and contribute positively to society.

HERE ARE THE KEY HIGHLIGHTS:

• Focus on Youth Offender Parole:
• The bill centers on modifying existing laws regarding youth offender parole hearings.
• It aims to expand parole eligibility for those sentenced to life without the possibility of parole for offenses committed when they were 25 years of age or younger.
• It would make those persons eligible for parole after their 25th year of incarceration.
  
  
• Expansion of Eligibility:
• The bill would expand the age range of those eligible for youth offender parole hearings.
• It changes the age from under 18 years of age, to 25 years of age or younger.
  
  
• Timeline for Hearings:
• The bill sets a deadline of January 1, 2028, for the Board of Parole Hearings to complete all required youth offender parole hearings.
•  

In essence, SB 672 seeks to provide a greater opportunity for parole consideration to individuals who committed serious offenses at a younger age even if they received a LIFE WITHOUT POSSIBILITY OF PAROLE (LWOP) SENTENCE.

 Click Here for Bill Summary  

Clich Here for Bill Text Detail 

The Departure of the BPH’s Executive Officer Jennifer Shaffer (2011-2024) from the Board marks the end of an Era!

After a remarkable tenure marked by visionary leadership and unwavering dedication, Jennifer Shaffer, our esteemed Board of Parole Hearings (BPH) Executive Officer, is embarking on a well-deserved retirement in 2025. Her years of service (June 2011 to December 2024) have shaped this organization, leaving an indelible legacy of growth and innovation. As we (all stakeholders) celebrate her accomplishments, we also warmly welcome Scott Wyckoff, who will be stepping into the role of Executive Officer.  

Prior Governor Brown appointed Shaffer to the board office in 2011, and lauded her “steady hand” leadership of what, during her administration, grew from a panel of 12 commissioners to the current group of 21.

The departure of Jennifer Shaffer from the board marks the end of an era of progress and change at the BPH. New laws, new social attitudes and studies have contributed to the change, but it took an individual with enough confidence to buck the ‘old boys system,’ acknowledge the humanity of those incarcerated and intent on following the law to make that progress.

Jennifer’s hope is that “ the Board will continue to seek ways to help the public better understand the process through meaningful outreach, publications like the Parole Hearing Process Handbook, and videos like those recently produced by the nonprofit Parole Justice Works that explain the parole hearing process from the perspective of formerly incarcerated persons, Board members and staff, attorneys, victims, and survivors.”

Jennifer's contributions over her distinguished career (over 13 years) are truly too numerous to fully recount. However, amidst her vast achievements, we would be remiss not to highlight the increase Grants of Parole, Increased transparency of the Board,  Professional training for state appointed attorneys, as well as the increase in Board size to accommodate new laws – these are pivotal moments.These accomplishments, among many others, have profoundly shaped the BPH/CDCR organization and will hopefully continue under the new Director.

Increase in parole grant rate as noted below:

•                   Grants rose from 466 in 2011 to 1433 in 2023
•                  Over 15,000 grants between 2011 and the end of 2023
•                   Over 1,000 grants in 2024
•                   Current grant rate for completed hearings is 34% (2023)
•                   Change in board size from 12 to 21 commissioners

 Some of the Biggest changes to the Parole hearing Process as seen by Jennifer:

“There have been many significant changes regarding the parole hearing process over the past 14 years. We have seen parole eligibility expand with changes in the law implementing youth offender hearings and elderly parole hearings. We have witnessed the Board become more professional and make evidence-based decisions through extensive training, greater transparency, and by adopting a structured decision-making framework. Also, we used technology to automate and streamline many administrative aspects of the parole hearing process, to go “paperless,” and to conduct hearings by videoconference. “The changes have been significant, and we have learned a lot about the transformative power of hope and the resiliency of the human spirit from all those who participate in the parole hearing process.”

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The new 2025 Executive Director of the Board of Parole Hearings - Scott Wyckoff

Although the face at the helm may be unfamiliar, Scott Wyckoff, the new Executive Director of the Board of Parole Hearings, wants to assure all stakeholders, especially lifers, that there are no major, sudden changes in the works. Wyckoff, appointed to the position in early November by Governor Newsom, was sworn in to the position on January 2, 2025, following the retirement of long-time BPH Director Jennifer Shaffer.

Relatively new to the parole side of CDCR, Wyckoff most recently served as Deputy Legal Affairs Secretary in the Governor’s office since 2022, so he is no stranger to issues confronting CDCR. With his proven expertise and fresh perspective, we are confident that Scott will guide the BPH towards continued success, building upon the strong foundation Jennifer has laid.

Since his swearing in Wyckoff has spent extensive time learning the process and personalities involved in parole hearings, including the subject of those hearings, by attending random parole hearings on many days, and meeting a list of stakeholders, including Life Support Alliance (LSA) staff.

Wyckoff was personable, outgoing and receptive to questions and comments and seems as interested in receiving incoming information and observations as dishing them out. He emphasized he’s still learning the ins-and-outs of the parole process, practices and people involved. In previous comments Wyckoff had noted the ‘profound’ impact of Shaffer’s 13-year tenure, adding he hoped to build on that legacy.

He did, however, enunciate intention to maintain the transparent habits of the Board’s last several years in making figures on number of hearings, number of grants and similar data available to the general public via such avenues as the yearly Significant Events report and similar reports lending to maintaining and increasing the transparency of the Board’s history and current operations. Wyckoff also expressed in desire and intention to meet lifers in person, if no other way than by attending some groups and classes, responding to a specific invitation to drop in on any of LSA’s weekly lifer groups or scheduled workshops at any time. (See LSA information below)

While we bid a fond farewell to Jennifer and celebrate her incredible legacy from her years as BPH Executive Officer, we eagerly anticipate the future under Scott Wyckoff’s leadership. As he steps into the role of Executive Director in 2025, we look forward to collaborating with him, building upon past successes, and embarking on a new chapter of growth and innovation for BPH.

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 If you have  comments  to offer to the New BPH Executive Officer the Life Support Alliance (LSA) group has the  opportunity to route those comments through them (LSA) to BPH offices.

Please make these serious, considered comments, not simple complaints about your personal situation/denial. You need not sign your name and envelopes that would provide that information will not be included in the messages we forward to Wyckoff. . Please be succinct — it is a chance to have your voice heard

Send your comments to:

LSA  /  Comments to Director

PO Box 277

Rancho Cordova, Ca. 95741

 

A huge shout-out to Vanessa of the LSA group, whose tireless advocacy for the Lifer population makes a profound difference!

Assembly Bill (AB) 1186, (2024) became Effective January 1, 2025 and Introduced Changes To The Collection Of Restitution Fines In California. CDCR taking action to clear the books, accordingly.

 

  Cal. Pen. Code Section 1202.4:  In Part states:

 Restitution-->

(a)(1). It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.

(2) Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464……,

Under existing law:  Courts impose restitution fines as part of sentencing, with funds deposited into the Restitution Fund. Assembly Bill (AB) 1186, signed into law on September 28, 2024, and effective January 1, 2025 introduced changes to the collection of restitution fines in California.

  Implementation  of  AB1186 – Changes  to Restitution Fines:

Summary and Background provided by CDCR (below):

 Under existing law:

□             Courts impose restitution fines as part of sentencing, with funds deposited into the Restitution Fund.

□             Juvenile courts could also impose restitution fines on minors 

 adjudged wards of the court.

What’s Changing?

Effective January 1, 2025, AB 1186 introduces the following updates:

□             Restitution fines and related fees become unenforceable and uncollectible 10 years after the date they are imposed by the court (excluding fines under Penal Code section 1202.45). This does not include direct orders of restitution for victims.

□             Juvenile restitution fines are eliminated, aligning with the closure of the Division of Juvenile Justice in June 2023.

 

Understanding Restitution: Fines vs. Direct Orders

When a person is convicted of a crime, the court may impose two (2) types of restitution:

Restitution fines:

□             A set amount paid to the Restitution Fund, which supports victims of crime through the California Victim Compensation Board.

□             These fines are unrelated to specific victims and are based on 

 the nature of the offense.

 

Direct orders of restitution:

□             Compensation paid directly to victims to cover losses caused by the incarcerated person (e.g., medical bills, lost wages, property damage).

□             Direct orders are case-specific and enforceable until fully paid.

Important Note:

Assembly Bill (AB) 1186 impacts restitution fines only. Direct orders of restitution remain unaffected and continue to be collected.

 

Implementation  Details

The Office of Victim and Survivor Rights and Services (OVSRS) is updating the Trust Restitution Accounting and Canteen System (TRACS) to comply with AB 1186.

Key actions include:

□             Automatic termination of collections for restitution fines:

o      Starting January 1, 2025, TRACS will stop collection on restitution fines imposed more than 10 years ago.

o      Moving forward, collections will automatically cease 10 years after the fine’s imposition date.

o      Juvenile restitution fines are no longer collected as of June 2023.

 

Key Notes:

•         AB 1186 impacts restitution fines only; there are no changes to the collection of direct orders of restitution.

•         Additional fines may be imposed in some cases alongside the restitution fine. These auxiliary fines are typically stayed and only enforced if the individual does not successfully complete parole. They are not commonly issued and function as supplementary penalties.

•         The “Date of Imposition” refers to the sentencing date listed on the Abstract of Judgment or Court Minute Order.

•         No refunds will be issued for collections made before January 1, 2025.

 

EDITOR’s OPINION:  AB 1186's provision limiting the enforceability of misdemeanor restitution orders after 10 years offers several societal benefits. Primarily, it acknowledges the realities of recidivism and the counterproductive nature of perpetually burdening individuals with debt, especially for lower-level offenses. By providing a defined timeframe for restitution in misdemeanor cases, the bill offers a pathway for offenders to reintegrate into society without the crushing weight of unpayable debt, which can often be a barrier to employment, housing, and overall stability.

This promotes rehabilitation and reduces the likelihood of reoffending driven by economic desperation. Furthermore, it focuses resources on collecting restitution in more serious felony cases where the impact on victims is often greater and the need for restitution may be more pressing. This targeted approach allows for more efficient allocation of law enforcement and court resources, ultimately benefiting society by prioritizing the most impactful cases and promoting successful reintegration for misdemeanor offenders.

 

For further questions or clarifications, contact the Office of Victim and Survivor Rights and Services, Restitution Services Unit at: CDCRRestitution@cdcr.ca.gov or

Phone 1-877-256-6877