Youth Offender Parole Hearings
A youth offender parole hearing is a parole suitability hearing for a person who qualifies as a youth offender, at which the hearing panel must give great weight to the youth offender factors. Most offenders who were under the age of 26 when they committed their controlling offense, which is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment on the person, qualify as a youth offender. However, a person might be disqualified as a youth offender for several reasons such as the inmate received a death sentence or the inmate’s controlling offense was sentenced as a second or third strike under Penal Code sections 667(b)-(i) or 1170.12. In addition, a person sentenced to life without the possibility of parole is disqualified if they were over the age of 18 when they committed their offense. Please note, while there is ongoing litigation, an incarcerated person may not be disqualified as a youth offender based on their controlling offense being sentenced under Penal Code section 667.61. See People vs. Edwards (2019) 34 Cal.App.5th 183. Youth Offenders are eligible to receive an initial youth offender parole hearing according to the timelines outlined in Penal Code section 3051(b), unless they may receive an earlier initial hearing based on another law. All of the general information about parole suitability hearings is applicable to youth offender parole hearings.
A person who is disqualified as a youth offender but committed his or her controlling offense under the age of 26 is not eligible to have the timelines outlined in Penal Code section 3051(b) applied to them. However, section 2447 of Title 15 of the California Code of Regulations still requires hearing panels for these offenders to give great weight to the youth offender factors when determining their suitability for parole.
See below for more detailed information on the youth offender parole hearing process and the application of the youth offender factors to the inmate population
Why California Has Youth Offender Hearings
The idea of a youth offender parole hearing is based on scientific evidence showing that parts of the brain involved in behavior control continue to mature through late adolescence and that adolescent brains are not yet fully mature until a person is in his or her mid-to-late 20s. Specifically, the area of the brain responsible for impulse control, understanding consequences, and other executive functions is not fully developed until that time.
In reviewing this scientific evidence, the United States Supreme Court and the California Supreme Court have recognized that the younger a person is, the more susceptible he or she is to negative influences and outside pressures, including peer pressure. But as they age, maturity can lead to reflection that is the foundation for remorse, renewal, and rehabilitation. Therefore, the California Legislature has determined that with few exceptions, offenders who commit crimes while under the age of 26 and who are sentenced to state prison are required to have a meaningful opportunity for parole during their natural life.
In addition, courts have determined that persons under the age of 18 cannot be sentenced to life without the opportunity of parole absent consideration of the juvenile’s special circumstances. As a result of this case law, the Legislature has determined that with few exceptions, offenders who were under the age of 18 and who were sentenced to life without the possibility of parole are required to have a meaningful opportunity for parole after serving 25 years of incarceration.
History of Youth Offender Hearings
Senate Bill 260 took effect on January 1, 2014. The law created a special youth offender parole hearing for inmates who committed their controlling offense before reaching age 18. The intent of the law was to “establish a parole eligibility mechanism that provides a person serving a sentence for crimes that he or she committed as a juvenile the opportunity to obtain release when he or she has shown that he or she has been rehabilitated and gained maturity.” It was also intended to “create a process by which growth and maturity of youthful offenders can be assessed and a meaningful opportunity for release established.”
Senate Bill 261 took effect on January 1, 2016 and it expanded youth offender parole hearings to those persons who were under the age of 23 when they committed their controlling offense.
Assembly Bill 1308 took effect on January 1, 2018 and it expanded youth offender parole hearings to persons who were under the age of 26 when they committed their controlling offense.
Senate Bill 394 also took effect on January 1, 2018 and it expanded youth offender parole hearings to include those persons sentenced to life without the possibility of parole who were under the age of 18 when they committed their controlling offense.
Persons Who Are Eligible for a Youth Offender Parole Hearing
As stated above, a youth offender parole hearing is a hearing before the Board for the purpose of reviewing the parole suitability of a person who qualifies as a youth offender. A youth offender is an incarcerated person who was under 26 years of age at the time of their controlling offense and is not otherwise disqualified as a youth offender under Penal Code section 3051, subdivision (h). A youth offender’s controlling offense is the single offense or enhancement for which any sentencing court imposed the longest term of imprisonment against the inmate. However, a person who committed their controlling offense under the age of 26 may still be disqualified from receiving a youth offender parole hearing for reasons identified in Penal Code section 3051 subdivision (h), which include: 1) the person received a death sentence; 2) the person’s controlling offense was sentenced as a second or third strike under Penal Code section 667(b)-(i) or 1170.12; or 3) the person committed an offense after turning 26 years old, which either includes “malice aforethought” or resulted in a life sentence. In addition, an incarcerated person sentenced to life without the possibility of parole is disqualified unless the person was under 18 years old when they committed the crime for which they were sentenced to life without the possibility of parole.
Please note, due to the First District Court of Appeal’s holding in People vs. Edwards (2019) 34 Cal.App.5th 183, the exclusion of one-strike offenders from youthful offender parole consideration, as listed in Penal Code section 3051, subdivision (h), is unenforceable.
Timing of a Youth Offender Parole Hearing
Youth offenders sentenced to a fixed, determinate term are eligible for a parole hearing during their 15th year of incarceration unless previously released. Youth offenders sentenced to life with the possibility of parole (also called an indeterminate term) and who received a life term of less than 25 years-to-life are eligible for a parole hearing during their 20th year of incarceration unless previously released or entitled to an earlier hearing. Indeterminately sentenced persons who received a life term of 25 years-to-life or longer are eligible for a parole hearing during the 25th year of incarceration unless previously released or entitled to an earlier hearing. And persons who were under the age of 18 when they committed their controlling offense and who were sentenced to life without the possibility of parole are eligible for a parole hearing during the 25th year of incarceration.
Youth offenders who became eligible for a youth offender parole hearing when the youth offender laws were enacted may not have a hearing until the end of 2021, depending on their original sentence. Specifically, the Board is required to complete by December 31, 2021 all youth offender parole hearings for persons sentenced to fixed or determinate sentences who became eligible for a youth offender parole hearing on January 1, 2016 (when Senate Bill 261 went into effect) or on January 1, 2018 (when Assembly Bill 1308 went into effect). Determinately sentenced persons who are scheduled to be released before December 31, 2021, will not receive a youth offender parole hearing.
On January 1, 2020, Assembly Bill (AB) 965 authorized the Secretary of California Department of Corrections and Rehabilitation (CDCR) to develop and adopt regulations that would allow persons to advance an earlier youth offender hearing. Specifically, AB 965 created Penal Code section 3051, subdivision (j), which authorizes CDCR to promulgate regulations that would allow a youth offender to earn credits to advance the date of their initial youth offender parole hearing. The bill does not apply to youth offenders sentenced to life without the possibility of parole. CDCR is developing regulations that will apply Educational Merit Credits to advance an individual’s Youth Parole Eligible Date. It is anticipated that these regulations will be effective by January 1, 2022.
Youth offenders sentenced to life without the possibility of parole who were under the age of 18 when they committed their controlling offense, and who became eligible for a youth offender parole hearing before July 1, 2020 as a result of Senate Bill 394, will receive a parole hearing by July 1, 2020.
Factors Considered at a Youth Offender Parole Hearing
The Board is required at youth offender parole hearings to give great weight to factors specific to youth offenders. For example, the Board is required to give great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the inmate. Moreover, if the hearing panel relies on a risk assessment in assessing a youth offender’s growth and maturity, the risk assessment must also take into consideration these factors. This is in addition to the factors the Board must consider at regular, non-youth offender parole hearings. For more information please visit the Parole Suitability Hearings page.
As noted above, section 2447 of Title 15 of the California Code of Regulations requires a hearing panel for an incarcerated person disqualified as a youth offender but who committed their controlling offense under the age of 26 to give great weight to the youth offender factors when determining the person’s suitability for parole. Further, this article also requires risk assessments prepared for these offenders to consider the youth offender factors.
Release Dates and Denial Lengths for Youth Offender Hearings
If an incarcerated person is granted parole at a youth offender parole hearing, they will be eligible for release immediately after the decision granting him or her parole is final (which takes about five months). The decision granting the person parole is subject to the Board’s decision review process and the Governor’s review process. In addition, some youth offenders may have to serve additional time after their grant is final, if they were convicted of additional crimes committed while in prison. If a person is denied parole at a youth offender parole hearing, he or she will be denied parole for 15, 10, 7, 5, or 3 years. If you have additional questions about youth offender parole hearings, please write or call the Board at:
Board of Parole Hearings
Post Office Box 4036
Sacramento, CA 95812-4036
Phone: 916-445-4072
Victims who would like to request notice and an opportunity to attend a person’s parole suitability hearing or who would like to request notice of a person’s release must register with CDCR’s Office of Victim and Survivor Rights and Services. For further information, please visit CDCR’s Office of Victim & Survivor Rights & Services website or call toll-free 1-877-256-6877.