Bill Text: CA SB260 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Youth offender parole hearings.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2013-09-16 - Chaptered by Secretary of State. Chapter 312, Statutes of 2013. [SB260 Detail]

Download: California-2013-SB260-Amended.html

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BILL NUMBER: SB 260	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 18, 2013

INTRODUCED BY   Senator Hancock

                        FEBRUARY 13, 2013

   An act  to add Section 1170.195 to the Penal Code, 
relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 260, as amended, Hancock. Sentencing. 
   Existing law provides that the Secretary of the Department of
Corrections and Rehabilitation or the Board of Parole Hearings, or
both, may, for specified reasons, recommend to the court that a
prisoner's sentence be recalled, and that a court may recall a
prisoner's sentence. When a defendant who was under 18 years of age
at the time of the commission of a crime has served at least 15 years
of his or her sentence, existing law allows the defendant to submit
a petition for recall and resentencing, and authorizes the court, in
its discretion, to recall the sentence and to resentence the
defendant, provided that the new sentence is not greater than the
initial sentence.  
   This bill would state legislative intent regarding the above
provisions, and would, except as specified, require a sentencing
court to hold a hearing to review the sentence of a person who was
under 18 years of age at the time of an offense and was prosecuted as
an adult after the person has served 10 years in prison. After the
review, the bill would allow the judge to suspend or stay all or a
portion of the sentence, reduce the sentence to any sentence that
could lawfully have been ordered at the time of the original
judgment, or both reduce and suspend or stay all or a portion of the
sentence. The bill would authorize the court to consider specified
evidence, in conjunction with any other evidence the court considers
relevant, in making this determination. The bill would also permit
additional review only in the event of a change in circumstances that
is proven by a preponderance of the evidence in a petition filed
with the sentencing court. The bill would not apply to a person
sentenced under specified provisions or sentenced to life
imprisonment without the possibility of parole.  
   Existing law provides that, subject to specified exceptions, a
defendant who was under 18 years old at the time he or she committed
his or her offense for which the defendant was sentenced to
imprisonment for life without the possibility of parole and who has
served at least 15 years of his or her sentence may petition the
court to recall and resentence him or her, provided that he or she
satisfies certain criteria and follows applicable procedural
requirements. If the court finds by a preponderance of the evidence
that the statements in the defendant's petition are true, existing
law requires the court to hold a hearing to determine whether to
recall and resentence the defendant, and, after considering certain
factors, the court may recall and resentence the defendant, as
specified.  
   This bill would state the intent of the Legislature to enact
legislation creating an alternate judicial mechanism for
reconsidering the sentences of individuals, who were convicted of
crimes that they committed as children, after they have become adults
and served a significant amount of time in state prison. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
provide a judicial mechanism for reconsidering the sentences of
persons who were convicted of crimes they committed as children after
these persons have become adults and served a significant amount of
time in state prison. 
   SEC. 2.    Section 1170.195 is added to the 
 Penal Code   , to read:  
   1170.195.  (a) Notwithstanding any other law, upon motion and
after 60 days' notice to the prosecution, the sentencing court shall
hold a hearing to review the sentence of a person who was under 18
years of age at the time of the offense and was prosecuted as an
adult, after the person has served 10 years in prison.
   (b) After reviewing the sentence, the judge may suspend or stay
all or a portion of the sentence, reduce the sentence to any sentence
that could lawfully have been ordered at the time of the original
judgment, or both reduce and suspend or stay all or a portion of the
sentence, provided that the person at the time of the hearing meets
the eligibility criteria of the alternative disposition.
   (c) For purposes of this determination, the court may consider, in
conjunction with any other evidence the court considers relevant,
the person's disciplinary record, whether the person has performed
acts that tend to indicate rehabilitation or the potential for
rehabilitation, including, but not limited to, availing himself or
herself of rehabilitative, educational, or vocational programs, if
those programs have been available at his or her classification level
and facility, the defendant's use of self-study for
self-improvement, the defendant's statement describing his or her
remorse and work towards rehabilitation, and the person's youth at
the time of the crime, including his or her immaturity, impetuosity,
failure to appreciate risks and consequences, family and home
environment, the circumstances of the offense, including the extent
of participation in the offense and the way familial and peer
pressures may have affected him or her, and whether the person might
have been charged and convicted of a lesser offense if not for the
lesser abilities of youth, including, but not limited to, an
inability to effectively deal with police officers or prosecutors, or
an incapacity to assist his or her attorney.
   (d) The court shall identify on the record the criteria relied on,
and shall provide a statement of reasons for adopting those
criteria. The court shall state why the defendant does or does not
satisfy the criteria.
   (e) Victims, or victim family members if the victim is deceased,
shall be notified of the resentencing hearing and shall retain their
rights to participate in the hearing.
   (f) Each person granted review pursuant to this section shall only
be entitled to an additional review in the event of a change in
circumstances that is proven by a preponderance of the evidence in a
petition filed with the sentencing court.
   (g) This section does not apply to a person who was sentenced
pursuant to Section 190.4 or 190.5, subdivisions (b) to (i),
inclusive, of Section 667, or Section 1170.12, or to life
imprisonment without the possibility of parole.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to create an alternate judicial mechanism for
reconsidering the sentences of individuals, who were convicted of
crimes that they committed as children, after they have become adults
and served a significant amount of time in state prison.