Section 3051 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
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 23 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 any sentencing court imposed the longest term of imprisonment.
(b) (1) A person who was convicted of a controlling offense that
was committed before the person had attained 23 years of age and for
which the sentence is a determinate sentence shall be eligible for
release on parole at a youth offender parole hearing by the board
during his or her 15th year of incarceration, unless previously
released pursuant to other statutory provisions.
(2) A person who was convicted of a controlling offense that was
committed before the person had attained 23 years of age and for
which the sentence is a life term of less than 25 years to life shall
be eligible 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 23 years of age and for
which the sentence is a life term of 25 years to life shall be
eligible 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) An individual subject to this section shall meet with the
board pursuant to subdivision (a) of Section 3041.
(d) The board shall conduct a youth offender parole hearing to
consider release. At the youth offender parole hearing, the board
shall release the individual on parole as provided in Section 3041,
except that the board shall act in accordance with subdivision (c) of
Section 4801.
(e) The youth offender parole hearing to consider release shall
provide for a meaningful opportunity to obtain 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.
(f) (1) In assessing growth and maturity, psychological
evaluations and risk assessment instruments, if used by the board,
shall be administered by 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 organizations with knowledge
about the individual before the crime or his or her growth and
maturity since the time of the crime may submit statements for review
by the board.
(3) Nothing in this section is intended to alter the rights of
victims at parole hearings.
(g) If parole is not granted, the board shall set the time for a
subsequent youth offender parole hearing in accordance with paragraph
(3) of subdivision (b) of Section 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) This section shall not apply to cases in which sentencing
occurs pursuant to Section 1170.12, subdivisions (b) to (i),
inclusive, of Section 667, or Section 667.61, or in which an
individual was sentenced to life in prison without the possibility of
parole. This section shall not apply to an individual to whom this
section would otherwise apply, but who, subsequent to attaining 23
years of age, commits an additional crime for which malice
aforethought is a necessary element of the crime or for which the
individual is sentenced to life in prison.
(i) (1) The board shall complete all youth offender parole
hearings for individuals who became entitled to have their parole
suitability considered at a youth offender parole hearing prior to
the effective date of the act that added paragraph (2) by July 1,
2015.
(2) (A) The board shall complete all youth offender parole
hearings for individuals who were sentenced to indeterminate life
terms and who become entitled to have their parole suitability
considered at a youth offender parole hearing on the effective date
of the act that added this paragraph by July 1, 2017.
(B) The board shall complete all youth offender parole hearings
for individuals who were sentenced to determinate terms and who
become entitled to have their parole suitability considered at a
youth offender parole hearing on the effective date of the act that
added this paragraph by July 1, 2021. The board shall, for all
individuals described in this subparagraph, conduct the consultation
described in subdivision (a) of Section 3041 before July 1, 2017.