Youth Offender Parole Program Expansion

San Jose Youth Offender Lawyer And Santa Clara Juvenile Criminal Defense Attorney

California’s youth offender parole program provides a meaningful opportunity for parole for minors sentenced as adults, setting dates by which parole hearings must be conducted. A new law taking effect on January 1, 2016 expands the program and makes youth offender parole available to young adult offenders as well.

Youth Offender Parole

In 2014, California created its youth offender parole program. It applies to offenders who were under the age of 18 at the time of the commission of the crime, but who were tried as adults and sentenced to incarceration. The program creates the possibility of earlier parole for these offenders.

The youth parole program mandates parole hearings for eligible offenders to determine suitability for parole. The program is designed for youths serving long sentences. They can have the opportunity to demonstrate suitability for parole after 15 to 25 years, depending on the severity of the offense and sentence. Qualified inmates must also meet with the Board of Parole Hearings six years before parole eligibility, to help them prepare for the possibility of parole. Approximately 250 inmates thus far have qualified for parole under this program.

Under Senate Bill 261, which Gov. Jerry Brown signed into law on Oct. 3, the program is expanded to include older offenders. Instead of requiring inmates to have been under 18 at the time of the commission of the crime, the maximum age at the time of commission has been raised to 22.

Disqualification

Some inmates, though their crimes were committed when they were under age 23, are not eligible for youth offender parole. These include inmates who are:

• Serving a three-strikes sentence for prior felonies;
• Serving a one-strike life sentence for certain sex offenses;
• Serving a life sentence without possibility of parole;
• Convicted of a new crime, which was committed at age 23 or older, and for which they are serving a life sentence; or
• Convicted of a new crime, which was committed at age 23 or older, and which required malice aforethought, for example, first or second degree murder.

strong>Rehabilitation

To be released under the youth offender parole program, an inmate must demonstrate strong evidence of rehabilitation. The parole board will look at psychological examinations and risk assessment instruments to assess an inmate’s growth and maturity. It may also consider statements submitted by family members, friends, school personnel, and others.

The expansion of the program acknowledges that young people’s brains are still developing through their early twenties, and that underage and young offenders are less culpable than older offenders. Young offenders also have greater prospects for reform than do older inmates, and the program is designed to give them a chance to demonstrate those changes.

If your child has been charged with a crime and is being tried as an adult, it is essential that you have the assistance of an attorney experienced in such matters. Please contact skilled San Jose juvenile criminal defense attorney Wesley Schroeder for a free initial consultation.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=3051

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB261