Gov. Brown signed SB 261 into law on Oct. 3,2015.
What is this about?
In 2014, a new law was enacted: “SB 260,” also called “Youth Offender Parole.” That law was for people who were under the age of 18 at the time of their crimes. SB 260/Youth Offender Parole created a special youth offender parole process. The guide has all the details of how it works.
SB 261 expands SB 260. It makes the law also apply to people who were 18, 19, 20, 21, or 22 at the time of their crimes.
Who is eligible?
Except for the age, the same criteria are used in SB 261 and SB 260. People age 14 through 22 at the time of the crime will be eligible for Youth Offender Parole. There are more details about eligibility in the Guide, but here are the basic rules:
You are eligible for SB 261 if:
1. You were under the age of 23 at the time you committed the crime,
2. You were sentenced to life (“L”) or given a determinate sentence (“no L”)
3. You are not disqualified for one of the reasons below.
You are NOT eligible for SB 261 if:
1. You were sentenced under the “three-strikes” law based on two or more prior serious or violent felonies, or you were sentenced to a “one strike” life sentence for certain sex offenses. PC 1170.12; 667(b)-(i); 667.61.
2. You were sentenced to Life Without the Possibility of Parole (LWOP).
3. You were convicted of a new crime that happened at age 23 or over and you were given a life sentence for that conviction. PC 3051(h).
4. You were convicted of a new crime that happened at age 23 or older, and that had “malice aforethought” as a necessary element. These crimes include: first degree murder (PC 187), second degree murder (PC 187), attempted murder (PC 664/187), conspiracy to commit murder (PC 182/187), solicitation to commit murder (PC 653f(b)); assault by a person serving a life sentence that is with a deadly weapon or that is likely to produce great bodily injury (PC 4500).
When does the new law go into effect?
SB 261 and its companion bill, SB 519, will go into effect on Jan. 1, 2016. But that does not mean you will get a hearing in Jan. – there are over 10,000 people eligible for SB 261 and we do not know how the Board of Parole Hearings (“the Board”) will schedule and prioritize hearings. The law includes a deadline for when the Board must complete hearings for everyone who has served enough time to get a youth offender parole hearing. The deadline for people with a life sentence (“lifers”) is January 1, 2018. The deadline for people with a determinate sentence (“no L”) is Dec. 31, 2021.
The law also requires that the Board do a Consultation with each person six years before the hearing. The Consultation is when a member of the Board sits down with you and goes over what you need to do to get ready for your parole hearing. The deadline for completing all the Consultations is Jan. 1, 2018. Please go to fairsentencingforyouth.org for this information