California 2013-2014 Regular Session Status: Enacted

SB 260 — Youth offender parole hearings.

Last action — Chaptered by Secretary of State. Chapter 312, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2013. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 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. The bill would make a person eligible for release on parole at a youth offender parole hearing 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 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 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 organizations with knowledge about the young person prior to the crime or his or her growth and maturity since the commission of the crime to submit statements for review by the board. 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, added by Proposition 8, adopted June 8, 1982, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes 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. Existing law, as amended by Proposition 83, adopted November 7, 2006, commonly known as Jessica's Law, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. This bill would exempt from its provisions inmates who were sentenced pursuant to the Three Strikes law or Jessica's Law, or sentenced to life in prison without the possibility of parole. The bill would not apply to an individual to whom the bill would otherwise apply, but who, subsequent to attaining 18 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 312, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 7 p.m.

  4. Assembly amendments concurred in. (Ayes 22. Noes 14. Page 2279.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 52. Noes 24. Page 2958.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).

  10. Set, first hearing. Referred to APPR. suspense file.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 2). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  14. Referred to Com. on PUB. S.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 27. Noes 11. Page 1113.) Ordered to the Assembly.

  17. Read second time and amended. Ordered to third reading.

  18. From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1009.) (May 23).

  19. Set for hearing May 23.

  20. Placed on APPR. suspense file.

  21. Set for hearing April 22.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2. Page 468.) (April 9). Re-referred to Com. on APPR.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  24. Set for hearing April 9.

  25. Re-referred to Com. on PUB. S.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  27. Referred to Com. on RLS.

  28. From printer. May be acted upon on or after March 16.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bloom · Cosponsor
  • De León · Cosponsor
  • Bocanegra · Cosponsor
  • Bonta · Cosponsor
  • Hall · Cosponsor
  • Hancock · Primary
  • Lara · Cosponsor
  • Rendon · Cosponsor
  • Steinberg · Cosponsor
  • Ting · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on · 6 voted No

Sponsors (1)

  • Hancock

Co-sponsors (9)

  • Bloom
  • De León
  • Bocanegra
  • Bonta
  • Hall
  • Lara
  • Rendon
  • Steinberg
  • Ting

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB260 Hancock Concurrence

Passed 22 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 191403
Democratic 3000
Total 221403
% of votes cast 56%36%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Nay
Hueso — Yea
Lara — Yea
Nielsen — Nay
Roth — Yea
Vidak — Nay
Walters — Not Voting
Emmerson — Nay
Wright — Yea
Wyland — Nay
Evans — Yea
Beall — Yea
Corbett — Yea
Correa — Nay
Fuller — Nay
Hernandez — Yea
De León — Yea
Hill — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Steinberg — Yea
Torres — Nay
Cannella — Not Voting
Huff — Nay
Wolk — Not Voting
DeSaulnier — Yea
Galgiani — Nay
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 260 Hancock Senate Third Reading By BLOOM

Passed 52 Yea · 24 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 492101
Democratic 2200
Republican 1101
Total 522402
% of votes cast 67%31%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Bigelow — Nay
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Nay
Maienschein — Yea
Mansoor — Nay
Nestande — Nay
Quirk — Yea
Skinner — Yea
Ting — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Jones-Sawyer — Yea
Fong — Yea
Mitchell — Yea
Bonilla — Yea
Levine — Yea
Medina — Yea
Mullin — Yea
Bloom — Yea
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Wieckowski — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Allen — Nay
Chau — Yea
Chesbro — Yea
Chávez — Yea
Weber — Yea
Logue — Nay
Waldron — Nay
Wilk — Nay
Harkey — Nay
Fox — Nay
Salas — Nay
Melendez — Nay
Cooley — Nay
Donnelly — Nay
Morrell — Nay
Wagner — Nay
Conway — Nay
Daly — Yea
Dickinson — Yea
Frazier — Yea
Yamada — Yea
Gorell — Nay
Hagman — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Harkey — Nay
Holden — Yea
Wagner — Nay
Bocanegra — Yea
Hall — Yea
Campos — Yea
Linder — Nay
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 27 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241101
Democratic 3000
Total 271101
% of votes cast 69%28%0%3%
How each member voted (39)
Member Party Vote
Beall — Yea
Hill — Yea
Knight — Nay
Lieu — Yea
Price — Yea
Corbett — Yea
Emmerson — Yea
Cannella — Yea
Evans — Yea
Wright — Yea
Hernandez — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
De León — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Anderson — Nay
Block — Nay
Correa — Nay
Fuller — Nay
Huff — Nay
Nielsen — Nay
Torres — Nay
Wyland — Nay
DeSaulnier — Yea
Galgiani — Not Voting
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Steinberg — Yea
Hill — Yea
Lara — Yea
De León — Yea
Walters — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 260 do?
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 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. The bill would make a person eligible for release on parole at a youth offender parole hearing 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 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 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 organizations with knowledge about the young person prior to the crime or his or her growth and maturity since the commission of the crime to submit statements for review by the board. 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, added by Proposition 8, adopted June 8, 1982, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes 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. Existing law, as amended by Proposition 83, adopted November 7, 2006, commonly known as Jessica's Law, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. This bill would exempt from its provisions inmates who were sentenced pursuant to the Three Strikes law or Jessica's Law, or sentenced to life in prison without the possibility of parole. The bill would not apply to an individual to whom the bill would otherwise apply, but who, subsequent to attaining 18 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.
Who sponsors SB 260?
SB 260 is sponsored by Bloom, De León, Bocanegra, Bonta, Hall, Hancock, Lara, Rendon, Steinberg, and Ting.
What is the current status of SB 260?
This bill has been enacted into law. Introduced February 13, 2013. Enacted.
Where can I track SB 260?
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