The Youth Rehabilitation and Opportunity Act.
SB 672
California Bills
20250SB__067296AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-04-10 AMENDED_SENATE 2025-05-23 AMENDED_ASSEMBLY 2025-06-13 2025 SB AMD Introduced by Senator Rubio (Coauthors: Senators Becker, Durazo, Menjivar, Pérez, and Weber Pierson) LEAD_AUTHOR SENATE Rubio COAUTHOR SENATE Becker COAUTHOR SENATE Durazo COAUTHOR SENATE Menjivar <caml:Contribution>COAUTHOR</caml:Contribution><caml:House>SENATE</caml:House><caml:Name>Pérez</caml:Name></caml:Legislator>"?> COAUTHOR SENATE Pérez COAUTHOR SENATE Weber Pierson
An act to amend
Section of the Penal Code, relating to parole. parole The Youth Rehabilitation and Opportunity Act. 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 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was under 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.
Existing law specifies that these provisions do not alter the rights of a victim at a parole hearing. 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 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 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, as specified. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Youth Rehabilitation and Opportunity Act.
SEC. 2.
Section of the Penal Code is amended to read: 3051. (a) (1) (
A) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was years of age or younger at the time of the controlling offense. (
B) The board shall conduct a hearing under this
section in accordance with the public safety standards described in paragraph (1) of subdivision (
b) of
Section 3041.
(2) For the purposes of this section, the following
definitions shall apply: (A) “Incarceration” means detention in a city or county jail, local juvenile facility, mental health facility, Division of Juvenile Justice facility, or Department of Corrections and Rehabilitation facility. (B) “Controlling offense” means the offense or enhancement for which a sentencing court imposed the longest term of imprisonment. (C) “Youth parole eligible date” is the earliest date upon which a youth offender is eligible for release on parole at a youth offender parole hearing. Except as provided in subdivision (
i) and
Section 3051.1, a youth offender is entitled to their initial youth offender parole hearing within six months of their youth parole eligible date, as determined in subdivision (b), unless previously released or entitled to an earlier parole consideration hearing pursuant to any other law. (b)
(1) A person who was convicted of a controlling offense that was committed when they were years of age or younger and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing during their 15th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 15th year of incarceration.
(2) A person who was convicted of a controlling offense that was committed when they were years of age or younger and for which the sentence is a life term of less than years to life shall be eligible for release on parole at a youth offender parole hearing during their 20th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 20th year of incarceration.
(3) A person who was convicted of a controlling offense that was committed when they were years of age or younger and for which the sentence is a life term of years to life shall be eligible for release on parole at a youth offender parole hearing during their 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 25th year of incarceration.
(4) A person who was convicted of a controlling offense that was committed when they were years of age or younger and for which the sentence is life without the possibility of parole shall be eligible for release on parole at a youth offender parole hearing during their 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 25th year of incarceration. This
section does not apply to a person who committed the controlling offense when they were years of age or older at the time of the crime and were convicted of any of the following offenses: (
A) Special circumstance murder committed by means of a destructive device, bomb, or explosive pursuant to paragraph (4) or (6) of subdivision (
a) of
Section 190.2. (A)</xhtml:p>"?> (
B) Special circumstance murder of a peace officer or federal law enforcement officer or agent pursuant to paragraph (7) or (8) of subdivision (
a) of
Section 190.2. (
C) Special circumstance murder of a firefighter pursuant to paragraph (9) of subdivision (
a) of
Section 190.2. (
D) Special circumstance murder of a witness to a crime pursuant to paragraph (10) of subdivision (
a) of
Section 190.2. (
E) Special circumstance murder of a prosecutor pursuant to paragraph (11) of subdivision (
a) of
Section 190.2. (
F) Special circumstance murder of a judge pursuant to paragraph (12) of subdivision (
a) of
Section 190.2. (
G) Special circumstance murder of a government official pursuant to paragraph (13) of subdivision (
a) of
Section 190.2. (
H) Special circumstance murder in which the victim was intentionally killed because of their race, color, religion, nationality, or country of origin pursuant to paragraph (16) of subdivision (
a) of
Section 190.2 or murder that is a hate crime, as defined in
Section 422.55. (B)</xhtml:p>"?> (
I) A sex offense committed during the course of murder in the first degree with special circumstances pursuant to paragraph (17) of subdivision (
a) of
Section 190.2. (C)</xhtml:p>"?> (
J) Special circumstance murder that was intentional and involved the infliction of torture pursuant to paragraph (18) of subdivision (
a) of
Section 190.2. (
K) Special circumstance murder of a juror pursuant to paragraph (20) of subdivision (
a) of
Section 190.2. (D)<xhtml:span class="EnSpace"/>(i)</xhtml:p>"?> (
L) First-degree murder as the actual killer if two or more people are killed in a shooting incident. (ii)<xhtml:span class="EnSpace"/>For purposes of this subparagraph, a school includes a public or private prekindergarten school, K–12 school, and postsecondary educational institution.</xhtml:p>"?> (
M) Intentional murder of a child years of age or younger. (
N) Murder that is
an act of domestic violence, as defined in
Section 13700. (
c) An individual subject to this
section shall meet with the board pursuant to subdivision (
a) of
Section 3041. (
d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in
Section 3041, except that the board shall act in accordance with subdivision (
c) of
Section 4801. (
e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (
c) of
Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release. (f)
(1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and subsequent growth and increased maturity of the individual.
(2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or the individual’s growth and maturity since the time of the crime may submit statements for review by the board. (3) (
A) The board shall conduct a proceeding under this
section in accordance with all constitutional and statutory rights of a registered victim and their next of kin under California law, including, but not limited to, the rights to notification described in paragraph (1) of subdivision (
a) of
Section 3043, to appear personally or by counsel and to adequately and reasonably express their views pursuant to paragraph (1) of subdivision (
b) of
Section 3043, and to have the board consider their entire and uninterrupted statement in deciding whether to release the person on parole pursuant to subdivision (
d) of
Section 3043. (
B) The Board of Parole Hearings or its successor is responsible for protecting victims’ rights in the parole process pursuant to
Section 3044. (
g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (
b) of
Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (
b) and subdivision (
d) of
Section 3041.5, the board shall consider the factors in subdivision (
c) of
Section 4801. A subsequent youth offender parole hearing shall not be necessary if the offender is released pursuant to any other law prior to the date of the subsequent hearing. (
h) This
section does not apply to cases in which sentencing occurs pursuant to
Section 1170.12, subdivisions (
b) to (i), inclusive, of
Section 667, or
Section 667.61. This
section does not apply to an individual to whom this
section would otherwise apply, but who, subsequent to attaining years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison. (i)
(1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to January 1, 2014, by July 1, 2015. (2) (
A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2016, by July 1, 2017. (
B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2016, by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (
a) of
Section before July 1, 2017. (3) (
A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2018, by January 1, 2020. (
B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on January 1, 2018, by January 1, 2022. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (
a) of
Section before January 1, 2019.
(4) The board shall complete, by July 1, 2020, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole before the person had attained years of age and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before July 1, 2020.
(5) The board shall complete, by January 1, 2028, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before January 1, 2028. (
j) The Secretary of the Department of Corrections and Rehabilitation may authorize a person described in paragraphs (1) to (3), inclusive, of subdivision (
b) to obtain an earlier youth parole eligible date by adopting regulations pursuant to subdivision (
b) of