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.
