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 ASSEMBLY  AUGUST 12, 2013
	AMENDED IN ASSEMBLY  JUNE 27, 2013
	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN SENATE  APRIL 4, 2013
	AMENDED IN SENATE  MARCH 18, 2013

INTRODUCED BY   Senator Hancock
    (   Principal coauthor:   Assembly Member
  Bloom   ) 
   (Coauthors: Senators De León, Lara, and Steinberg)
   (  Coauthor:   Assembly Member 
 Hall   Coauthors:   Assembly Members
  Hall   and Ting  )

                        FEBRUARY 13, 2013

   An act to  amend Sections 3041, 3046, and 4801 of, and to
 add  Sections   Section  3051
 and 3051.1 to   to,  the Penal Code,
relating to parole.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 260, as amended, Hancock. Youth  opportunity review
  offender parole hearings.
   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 require the Board of Parole Hearings to conduct a
youth  opportunity review   offender parole
 hearing to consider release of offenders who committed
specified crimes prior to being 18 years of age and who were
sentenced to state prison  and  . The bill would
require parole consideration to be given during the 15th year of
incarceration if the person meeting these criteria received a
determinate sentence, during the 20th year if the person received a
sentence that was less than 25 years to life, and during the 25th
year of incarceration if the person received a sentence that was 25
years to life. The bill  would require the board  , in
reviewing a prisoner's suitability for parole,  to give great
weight to  specified mitigating factors, including
fundamental differences between juveniles and adults, and a juvenile'
s diminished culpability as compared to that of an adult 
 the diminished culpability of juveniles as compared to adults,
the hallmark features of youth, and any subsequent growth and
increased maturity of the prisoner in accordance with relevant case
law  . The bill would require that, in assessing growth and
maturity, psychological evaluations and risk assessment instruments,
if used by the board, be administered by  qualified
professionals and provide reliable assessment of growth and maturity,
and would require that   licensed psychologists
employed by the board and take into consideration the diminished
culpability of juveniles as compared to that of adults, the hallmark
features of youth, and any subsequent growth and increased maturity
of the individual. The bill would permit  family members, 
friends,  school personnel, faith leaders, and representatives
from community-based  programs   organizations
 with knowledge about the young person  at the time of
  prior to  the crime or his or  hers
  her  growth and maturity  in prison
  since the commission of the crime  to  be
permitted to attend and testify at the youth opportunity review
hearing.   submit statements for review by the board and
would permit the individual   to designate one person to
attend the youth offender parole hearing and read a brief statement.
 
   Existing law requires the board to meet with each inmate sentenced
pursuant to certain provisions of law during his or her 3rd year of
incarceration for the purpose of reviewing his or her file, making
recommendations, and documenting activities and conduct pertinent to
granting or withholding postconviction credit.  
   This bill would instead require the board to meet with those
inmates, including those who are eligible to be considered for parole
pursuant to a youth offender parole hearing, during the 6th year
prior to the inmate's minimum eligible parole release date. The bill
would also require the board to provide an inmate additional,
specified information during this consultation, including
individualized recommendations regarding the inmate's work
assignments, rehabilitative programs, and institutional behavior, and
to provide those findings and recommendations, in writing, to the
inmate within 30 days following the consultation. 
   Existing law, also added by Proposition 8, adopted June 8, 1982,
and amended by Proposition 36, adopted November 6, 2012, commonly
known as the Three Strikes  Law,   law, 
requires increased penalties for certain recidivist offenders in
addition to any other enhancement or penalty provisions that may
apply, including individuals with current and prior convictions of a
serious felony, as specified.
   This bill would exempt from its provisions inmates who were
sentenced pursuant to the Three Strikes  Law.  
law or sentenced to life in prison without the possibility of parole.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares that, as stated by
the United States Supreme Court in Miller v. Alabama  (2012) 183
L.Ed.2d 407  , "only a relatively small proportion of
adolescents" who engage in illegal activity "develop entrenched
patterns of problem behavior," and that "developments in psychology
and brain science continue to show fundamental differences between
juvenile and adult minds," including "parts of the brain involved in
behavior control." The Legislature recognizes that youthfulness both
lessens a juvenile's moral culpability and enhances the prospect
that, as a youth matures into an adult and neurological development
occurs, these individuals can become contributing members of society.
 The purpose of this act is 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, in accordance with the decision of the California
Supreme Court in People v. Caballero (2012) 55 Cal.4th 262 and the
decisions of the United States Supreme Court in Graham v. Florida
(2010) 560 U.S. 48, and Miller v. Alabama (2012) 183 L.Ed.2 
 d 407. Nothing in this act is intended to undermine the
California Supreme Court's holdings in In re Shaputis (2011) 53
Cal.4th 192, In re Lawrence (2008) 44 Cal.4th 1181, and subsequent
cases.  It is the intent of the Legislature to create a process
by which growth and maturity of youthful offenders can be assessed
and a meaningful opportunity for release established.
  SEC. 2.    Section 3041 of the   Penal Code
  is amended to read: 
   3041.  (a) In the case of any inmate sentenced pursuant to any
 provision of  law, other than Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2, the Board of
Parole Hearings shall meet with each inmate during the  third
year of incarceration   sixth year prior to the inmate'
s minimum eligible parole release date  for the purposes of
reviewing  the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit.   and documenting the
inmate's activities and conduct pertinent to both parole eligibility
and to the granting or withholding of postconviction credit. During
this consultation, the board shall provide the inmate information
about the parole hearing process, legal factors relevant to his or
her suitability or unsuitability for parole, and individualized
recommendations for the inmate regarding his or her work assignments,
rehabilitative programs, and institutional behavior. Within 30 days
following the consultation, the board shall issue its positive and
negative findings and recommendations to the inmate in writing. 
One year prior to the inmate's minimum eligible parole release date
a panel of two or more commissioners or deputy commissioners shall
again meet with the inmate and shall normally set a parole release
date as provided in Section 3041.5. No more than one member of the
panel shall be a deputy commissioner. In the event of a tie vote, the
matter shall be referred for an en banc review of the record that
was before the panel that rendered the tie vote. Upon en banc review,
the board shall vote to either grant or deny parole and render a
statement of decision. The en banc review shall be conducted pursuant
to subdivision (e). The release date shall be set in a manner that
will provide uniform terms for offenses of similar gravity and
magnitude with respect to their threat to the public, and that will
comply with the sentencing rules that the Judicial Council may issue
and any sentencing information relevant to the setting of parole
release dates. The board shall establish criteria for the setting of
parole release dates and in doing so shall consider the number of
victims of the crime for which the inmate was sentenced and other
factors in mitigation or aggravation of the crime. At least one
commissioner of the panel shall have been present at the last
preceding meeting, unless it is not feasible to do so or where the
last preceding meeting was the initial meeting. Any person on the
hearing panel may request review of any decision regarding parole for
an en banc hearing by the board. In case of a review, a majority
vote in favor of parole by the board members participating in an en
banc review is required to grant parole to any inmate.
   (b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
meeting.
   (c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
   (d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
   (e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:
   (1) The commissioners conducting the review shall consider the
entire record of the hearing that resulted in the tie vote.
   (2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered by
the panel that produced the tie vote, and any other material actually
considered by the panel. New evidence or comments shall not be
considered in the en banc proceeding.
   (3) The board shall separately state reasons for its decision to
grant or deny parole.
   (4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.
   SEC. 3.    Section 3046 of the   Penal Code
  is amended to read: 
   3046.  (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
   (1) A term of at least seven calendar years.
   (2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
   (b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively. 
   (c) Notwithstanding subdivisions (a) and (b), a prisoner found
suitable for parole pursuant to a youth offender parole hearing as
described in Section 3051 shall be paroled regardless of the manner
in which the board set release dates pursuant to subdivision (a) of
Section 3041, subject to subdivision (b) of Section 3041 and Sections
3041.1 and 3041.2, as applicable.  
   (c) 
    (d)  The Board of Prison Terms shall, in considering a
parole for a prisoner, consider all statements and recommendations
which may have been submitted by the judge, district attorney, and
sheriff, pursuant to Section 1203.01, or in response to notices given
under Section 3042, and recommendations of other persons interested
in the granting or denying of the parole. The board shall enter on
its order granting or denying parole to these prisoners, the fact
that the statements and recommendations have been considered by it.
   SEC. 2.   SEC. 4.   Section 3051 is
added to the Penal Code, to read:
   3051.  (a)  (1)     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 under 18
years of age at the time of his or her controlling offense. 

   (2) For the purposes of this section, the following definitions
shall apply:  
   (A) "Incarceration" means detention in a city or county jail, a
local juvenile facility, a mental health facility, a Division of
Juvenile Justice facility, or a Department of Corrections and
Rehabilitation facility.  
   (B) "Controlling offense" means the offense or enhancement for
which the sentencing court imposed the longest term of imprisonment.

    (b)     (1)    A person who
was convicted of a  nonhomicide offense, attempted murder,
conspiracy to commit murder, or manslaughter  
controlling offense  that was committed before the person had
attained 18 years of age and  was sentenced to state prison
for a determinate term of 40 years or less, or an indeterminate term
with a base term of 40 years or less,   for which the
sentence is a determinate sentence  shall be considered for
release on parole  at a youth offender parole hearing by the
board  during his or her 15th year of  incarceration at
a youth opportunity review hearing.   incarceration,
unless previously released pursuant to other statutory provisions.
 
   (b) A person who was convicted of a nonhomicide offense, attempted
murder, conspiracy to commit murder, or manslaughter that was
committed before the person had attained 18 years of age and was
sentenced to state prison for a determinate term of more than 40
years, or an indeterminate term with a base term of more than 40
years, shall be considered for release on parole during his or her
20th year of incarceration at a youth opportunity review hearing.
 
   (2) A person who was convicted of a controlling offense that was
committed before the person had attained 18 years of age and for
which the sentence is a life term of less than 25 years to life shall
be considered for release on parole by the board during his or her
20th year of incarceration at a youth offender parole hearing, unless
previously released or entitled to an earlier parole consideration
hearing pursuant to other statutory provisions.  
   (3) A person who was convicted of a controlling offense that was
committed before the person had attained 18 years of age and for
which the sentence is a life term of 25 years to life shall be
considered for release on parole by the board during his or her 25th
year of incarceration at a youth offender parole hearing, unless
previously released or entitled to an earlier parole consideration
hearing pursuant to other statutory provisions. 
   (c)  Five years prior to eligibility for release, an
  An  individual subject to this section shall meet
with  a commissioner of the Board of Parole Hearings for
consultation and direction on his or her progress toward parole
suitability. During the meeting, the Board of Parole Hearings shall
provide the individual with information on the parole process and the
factors relevant to a suitability determination in a youth
opportunity review hearing. Within 30 days of the meeting, the Board
of Parole Hearings shall issue written recommendations to the
individual identifying any issues that the individual will need to
address prior to being found suitable for release through a youth
opportunity review hearing and guidance on how to successfully
address those issues.   the board pursuant to
subdivision (a) of Section 3041. 
   (d) The  Board of Parole Hearings   board
 shall conduct a youth  opportunity review 
 offender parole  hearing to consider release. At the youth
 opportunity review   offender parole 
hearing, the board shall  normally  release the
individual on parole as provided in Section 3041, except that the
 individual shall be released on parole based on the
individual's eligibility for parole as set forth in subdivision (a)
or (b). The board shall give great weight to the mitigating factors
set forth in subdivision (e), shall not rely on Section 2282 or 2403
of Title 15 of the California Code of Regulations, and to the extent
that any existing suitability or unsuitability criteria are in
conflict with those mitigating factors, the mitigating factors shall
prevail. Parole shall be for a period to be determined by the Board
of Parole Hearings, but not to exceed 10 years unless a longer parole
period is otherwise provided for by law.   board shall
act in accordance with subdivision (c) of Section 4801. 
   (e) The youth  opportunity review   offender
parole  hearing to consider release shall provide for a
meaningful opportunity to obtain  release based on
demonstrated growth and maturity. The review process shall consider
all mitigating circumstances attendant in the juveniles crime and
life, including, but not limited to, all of the following: 
 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.  
   (1) The fundamental differences between juveniles and adults, and
a juvenile's diminished culpability as compared to that of an adult.
 
   (2) The hallmark features of youthfulness, including, but not
limited to, immaturity, impetuosity, susceptibility to peer pressure
or the negative influence of older individuals, and the failure to
appreciate risks and consequences.  
   (3) Childhood trauma, including, but not limited to, extended
exposure to violence, dysfunctional or chaotic family or home
environment, and physical, sexual, or emotional abuse. 

   (4) The juvenile's physical and mental development at the time of
the offense and the impact of physical or mental impairments in
combination with youthfulness.  
   (5) Growth, maturity, and rehabilitation during incarceration and
relative to the individual's age at the time of the offense, age when
he or she entered prison, and his or her age at the time of the
parole consideration hearing. 
   (f)  (1)    In assessing growth and maturity,
psychological evaluations and risk assessment instruments, if used by
the board, shall be administered by  qualified
professionals, provide reliable assessment of the growth and maturity
of individuals who committed a crime when they were under 18 years
of age, and include dynamic variables associated with growth and
maturity. Family   licensed psychologists employed by
the board and shall take into consideration the diminished
culpability of juveniles as compared to that of adults, the hallmark
features of youth, and any subsequent growth and increased maturity
of the individual. 
    (2)     Family  members,  friends,
 school personnel, faith leaders, and representatives from
community-based  programs   organizations 
with knowledge about the individual  at the time of 
 before  the crime or his or her growth and maturity
 in prison shall be permitted to attend and testify at the
youth opportunity review hearing.   since the time of
the crime may submit statements for review by the board.  
   (3) An individual subject to this section may designate one person
who may attend the youth offender parole hearing, if not otherwise
barred by law, regulation, or existing procedure from the location of
the hearing, who may read a brief statement.  
   (4) Nothing in this section is intended to alter the rights of
victims at a parole hearings. 
   (g) If parole is not granted, the board shall set the time for a
subsequent youth  opportunity review   offender
parole  hearing  not more than three years later,
 in accordance with  paragraph (3) of subdivision (b) of
 Section  3041.5, and shall use the factors in
subdivisions (e) to (g), inclusive.   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. No subsequent youth
offender parole hearing shall be necessary if the offender is
released pursuant to other statutory provisions prior to the date of
the subsequent hearing. 
   (h)  Crimes covered by this statute include all
nonhomicide convictions, attempted murder, conspiracy to commit
murder, and manslaughter.  This section shall not apply to
cases  where   in which  sentencing occurs
pursuant to the Three Strikes law  or in which an individual was
sente   nced to life in prison without the possibility of
parole  .  Years of incarceration are subject to
applicable credit reductions in existing law.  
   (i) The board shall complete all youth offender parole hearings
for individuals who become entitled to have their parole suitability
considered at a youth offender parole hearing on the effective date
of this section by July 1, 2015.  
  SEC. 3.    Section 3051.1 is added to the Penal
Code, to read:
   3051.1.  (a) A person who was sentenced to state prison upon
conviction for a homicide offense that was committed before the
person had attained 18 years of age shall be eligible for review and
release at a youth opportunity review hearing during his or her 15th
year of incarceration if his or her primary offense was murder in the
second degree, pursuant to Section 189.
   (b) A person who was sentenced to state prison upon conviction for
a homicide offense that was committed before the person had attained
18 years of age shall be eligible for review at a youth opportunity
review hearing during his or her 25th year of incarceration if his or
her primary offense was murder in the first degree, pursuant to
Section 189.
   (c) Five years prior to eligibility for release, an individual who
is subject to this section shall meet with a commissioner of the
Board of Parole Hearings for consultation and direction on his or her
progress toward parole suitability. During the meeting, the Board of
Parole Hearings shall provide the individual with information on the
parole process and the factors relevant to a suitability
determination in a youth opportunity review hearing. Within 30 days
of the meeting, the Board of Parole Hearings shall issue written
recommendations to the individual identifying any issues that the
individual will need to address prior to being found suitable for
release through a youth opportunity review hearing guidance on how to
successfully address those issues.
   (d) The Board of Parole Hearings shall conduct a youth opportunity
review hearing to consider release. At the youth opportunity review
hearing, the board shall normally release the individual on parole as
provided in Section 3041, except that the individual shall be
released on parole based on the individual's eligibility for parole
as set forth in subdivisions (a) and (b). The board shall give great
weight to the mitigating factors set forth in subdivision (e), shall
not rely on Section 2282 or 2403 of Title 15 of the California Code
of Regulations, and to the extent that any existing suitability or
unsuitability criteria are in conflict with those mitigating factors,
the mitigating factors shall prevail. Parole shall be for a period
to be determined by the Board of Parole Hearings, but not to exceed
10 years unless a longer parole period is otherwise provided for by
law subject to Section 3000.1.
   (e) The youth opportunity review hearing to consider release will
provide for a meaningful opportunity to obtain release based on
demonstrated growth and maturity. The review process must consider
all mitigating circumstances attendant in the juveniles crime and
life, including, but not limited to, all of the following:
   (1) The fundamental differences between juveniles and adults, and
a juvenile's diminished culpability as compared to that of an adult.
   (2) The hallmark features of youthfulness, including, but not
limited to, immaturity, impetuosity, susceptibility to peer pressure
or the negative influence of older individuals, and the failure to
appreciate risks and consequences.
   (3) Childhood trauma, including, but not limited to, extended
exposure to violence, dysfunctional or chaotic family or home
environment, and physical, sexual, or emotional abuse.
   (4) The juvenile's physical and mental development at the time of
the offense and the impact of physical or mental impairments in
combination with youthfulness.
   (5) Growth, maturity, and rehabilitation during incarceration and
relative to the individual's age at the time of the offense, age when
he or she entered prison, and his or her age at the time of the
parole consideration hearing.
   (f) In assessing growth and maturity, psychological evaluations
and risk assessment instruments, if used by the board, shall be
administered by qualified professionals, provide reliable assessment
of the growth and maturity of individuals who committed a crime when
they were under 18 years of age, and include dynamic variables
associated with growth and maturity. Family members, school
personnel, faith leaders, and representatives from community-based
programs with knowledge about the young person at the time of the
crime or his or her growth and maturity in prison shall be permitted
to attend and testify at the youth opportunity review hearing.
   (g) If parole is not granted, the board shall set the time for a
subsequent youth opportunity review hearing not more than three years
later, in accordance with Section 3041.5, and shall use the factors
in subdivisions (d) to (f), inclusive.
   (h) Persons serving sentences under the Three Strikes law or for
murder in the first degree with special circumstances cases under
Section 190.5 are excluded. Years of incarceration are subject to
applicable credit reductions in existing law. 
   SEC. 5.    Section 4801 of the   Penal Code
  is amended to read: 
   4801.  (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where
                   it appears the criminal behavior was the result of
that victimization.
   (b) (1) The  Board of Parole Hearings,  
board,  in reviewing a prisoner's suitability for parole
pursuant to Section 3041.5, shall give great weight to any
information or evidence that, at the time of the commission of the
crime, the prisoner had experienced intimate partner battering, but
was convicted of an offense that occurred prior to August 29, 1996.
The board shall state on the record the information or evidence that
it considered pursuant to this subdivision, and the reasons for the
parole decision. The board shall annually report to the Legislature
and the Governor on the cases the board considered pursuant to this
subdivision during the previous year, including the board's decisions
and the specific and detailed findings of its investigations of
these cases.
   (2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code.
   (3) The fact that a prisoner has presented evidence of intimate
partner battering cannot be used to support a finding that the
prisoner lacks insight into his or her crime and its causes. 
   (c) When a prisoner committed his or her controlling offense, as
defined in subdivision (a) of Section 3051, prior to attaining 18
years of age, the board, in reviewing a prisoner's suitability for
parole pursuant to Section 3041.5, shall 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 prisoner in accordance with relevant case law.