SB261 / SB519 passed (crime when under 23 yrs of age) Approved by Governor October 03, 2015.

Just a quick NOTE on SB261:  It will be effective January 2016.
Companion SB519, basically extends BPH deadlines by 6 months.

NOTE:  SB519 means, ISL   must have their YOPH   before Dec 31, 2017.
             SB519 means, DSL must have their YOPH   before Dec 31, 2021.
NOTE2: Be aware Senate Bill 260/261 does not apply to LWOP inmates. 



The long awaited Senate Bill 261 was signed by the Governor. It will be effective January 2016. BPH (Board) is gearing up to start these YOPH as of January 2016. This would expand the YOPH to those inmates who committed their crime before 23 yrs of age.

What does that mean to my loved one who is scheduled to go to his Parole Hearing this year (2015), but would qualify under SB261 (in 2016)?

An Inmate can go forward with the 2015 Parole Hearing or opt to Postpone his hearing for 2016. Each SB261 potential case must be looked at individually (case-by-case). The Base TERM (of incarceration) calculation is different if a parole hearing is held under the YOPH vs the regular Parole Hearing law. This is just one (1) of many factors to consider in making a choice. NOTE: BPH is only allowing a 1-year Waiver, not a postponement.

It would be wise to contact an attorney with Youth Offender Parole Hearing experience or Attorney Diane Letarte via email (Office: 619-233-3688.)

CASE and POINT example: 
There are advantages and disadvantages in each case, these factors need to be analyzed. Attorney Diane Letarte just received a GRANT of Parole for her client yesterday on 10/8/2015 at Soledad prison. The first question (at the Parole hearing) from the Commissioner was does your client want to postpone, since he qualifies under SB261, effective January 2016. After a private discussion with my client we opted to go forward without taking advantage of the SB261 law. He was 19 years old at the time of the crime. 

EVERY CASE IS DIFFERENT and must be analyzed individually to see whether postponing the hearing is the correct strategy.

As stated above: This SB261 is a little different then the SB260 in that the Indeterminate sentenced inmates (ISL) will be brought to a YOPH hearing starting January 2016 and before July 1, 2017. The DSL portion of the SB261 will be effective starting July 1, 2021.

The Determinate Sentenced inmates (DSL) will be given a Consultation hearing by a Commissioner or Deputy Commissioner (DC) to review their Central file and let the inmate know what they should be working on to prepare for their upcoming Youth Offender Parole Hearing (YOPH). The DSL inmates scheduling will basicly be lagging by 5 years before they get their YOPH. The effective date of the bill being July 1, 2021 for the DSL inmates. This delay was mostly enforced because of the SB260 Statistics accumulated during the YOPH under SB260 (2014-2015). Most DSL inmates were not properly prepared for their Parole Hearing (YOPH), thus very few received a grant of Suitability and many resources were exhausted and inmates were frustrated by the high rate of Denial of parole.


REMINDER:
This bill is an expansion of Senator Hancock's bill from 2013, SB 260, which allowed parole hearings for those persons who committed a crime and sentenced to state prison prior to being 18 years old.

For a complete update and tracking - see: http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=201520160SB261

SB261 (youth under 23 yrs old) YOPH Bill passes Assembly Floor

*** A short time ago, SB 261 passed the Assembly floor receiving 42 votes. The bill now heads to the Governor's office for final consideration.

Senate Bill 261, authored by Senator Hancock (D-Berkeley), which requires the Board of Parole Hearings to conduct parole hearings for those sentenced to state prison for certain crimes when they were under the age of 23. This Expands the current YOUTH PAROLE HEARING (SB260) Bill that previously passes in 2014 for those who committed their crime while under the age of 18 to  under the age of 23. 

This bill is an expansion of Senator Hancock's bill from 2013, SB 260, which allowed parole hearings for those persons who committed a crime and sentenced to state prison prior to being 18 years old.

For a complete update and tracking - see: http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=201520160SB261

We need to see of Governor Brown will signed off on it...... STAY tune! Most likely will be effective in January 2016.

*** credit for this information goes to CRIMINAL JUSTICE INFORMATION NETWORK at-->

http://us1.campaign-archive2.com/?u=2146e9cc6b109029511d049fb&id=5b5a64d204&e=49eb3f1c25

**UPDATE SB 224, (Elderly Parole Hearing) - withdrawn - potential 3 Strikes Law conflicts

Sen. Carol Liu (Democrat), author of Senate Bill 224 (SB224), (Elderly Parole Hearing) that would codify and possibly expand considerations of elderly parole, has withdrawn the Bill from consideration for this session. Liu’s office and Bill supporters indicate discussions on possible changes to the Bill with an eye to reintroduction of the legislation will begin in January 2016.

Summary of original SB224:
The original draft of the Senate Bill required the Board of Parole Hearings  (BPH) to conduct a ELDERLY PAROLE HEARING for offenders sentence to State prison who have reached 50 years of age and have been incarcerated 15 years or more. NOTE: This would have been an expansion from the existing BPH regulation that was established in October 2014 to allow 60 yrs old inmates who have been incarcerated 25 years or more to go to a Elderly Parole Hearing.

Update***:   

SB 224 has been withdrawn from consideration for this session. Assessment by the Legislative Analyst’s Office  classified SB 224 in the category of Bills that would require a 2/3 majority vote on the legislative floor, a threshold Sen. Liu’s office felt could not be met. That concern lead to the bill being withdrawn from consideration for this session.

Prior to the inactivation of SB 224 the bill had been amended from its original framework that would have applied the considerations of elderly parole to those prisoners aged 50 years and over who had served 15 years to a higher standard, affecting the current qualified inmates 60 years and over who had served 25 years or more. The number of prisoners potentially impacted by the original age and time factors proposed (50/15) would have numbered about 6,000.


In 2014 the BPH scheduled over 4,000 hearings, so it also became apparent that such an influx of new hearings would have had a significant impact on the BPH’s already full parole hearing schedule. Ripples from the increased hearing numbers would also have had a significant impact on the availability of attorneys, hearing rooms, CRA evaluations and other requirements of hearings.

Reassessment of the Bill’s language will seek to navigate SB 224 away from conflict with the provisions of 3 Strikes, would then remove the need for a 2/3 majority floor vote for passage.

*** NOTE:  This SB224 update provided by Venessa at LSA   LIFE SUPPORT ALLIANCE

NEW ANNOUNCEMENT ---- UPCOMING LIFER PICNIC - join LSA as they HOST the reunion

• What:      LIFER PICNIC      (hosted by: LSA at 916-743-1654)
    
  • When:     Saturday, September 19 from 11:30 AM to 4:00 PM

• Where:   North Laguna Creek Park 6400 Jacinto Avenue Sacramento, CA 95823

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If you want to retain an Attorney with ELDERLY Parole Hearing experience (attorney Letarte over 50 years old herself and has empathy for her clients)  please contact ATTORNEY DIANE LETARTE via her website or     email at Attorney Letarte's office.