Youth offenders (those under 18 years of age at the time of their offense) are typically sentenced within the Juvenile justice system (Delinquency Court).  In some cases, however, juveniles are charged and sentenced as adults.  Sometimes the District Attorney files adult charges directly for serious offenders over 14 years of age.  Other times, a serious matter filed within the juvenile system will proceed to a "fitness hearing" where it will be determined whether the juvenile will be tried as an adult or remain in the juvenile (delinquency) system. 

On September 16, 2013, Governor Jerry Brown signed SB 260 into effect, a new law that would greatly affect the fate of many youth offenders sentenced to long sentences in California State Prison.  California State Senator Loni Hancock proposed the change, which will require the State Parole Board to grant Parole Hearings to juvenile offenders sentenced as adults.

Prompted by the recent US Supreme Court decision in Miller v. Alabama and California Supreme Court decision in People v. Caballero, the new law recognizes that youthful offenders are more prone to influence by others and are more likely to be rehabilitated.  As such, life sentences and unreasonably long determinate sentences (for a set number for years, for example, 40 years), deny these youths the opportunity, and motive, to engage in rehabilitation.  Essentially, even when a 16 year old is tried and sentenced as an adult, fundamental differences remain.  Youth offenders are less likely to re-offend and the law should take that into account.  The act amends Sections 3041, 3046, and 4801 of the Penal Code and adds a new section, PC 3051.

Eligibility for youth parole hearings is as follows:
For determinate sentences (set number of years in prison), youth offenders are entitled to a hearing before the Parole Board in the 15th year of their prison sentences.  If a youth offender is sentenced to 30 years on an armed robbery case for example, current law would require that person to serve over 25 years before being paroled.  With the new law, the same offender will have the opportunity for parole 10 years sooner!

For sentences of less than 25 years to life, a youth offender shall be eligible for release on parole in the 20th year of their sentence, unless released sooner per other law.  Those sentenced to 25 years to life, shall be eligible for a youth parole hearing in their 25th year of incarceration unless released earlier per other law.

While the law would seem to only offer significant relief to those prisoners whose normal parole dates are longer than 15 years into the sentence, the amendment to PC 4801 might also offer a benefit to youth offenders with shorter determinate sentences.  Prisoners are entitled to meet with the Parole Board 6 years before their earliest eligible parole date.  At this stage, the Parole Board will assess the prisoner's rehabilitation and recommend additional course of action to ensure future eligibility for parole.  What PC 4801 does, is it allows the parole board to recommend a commuted sentence or pardon to the Governor where they believe the person has shown particularly good conduct, suffered and unusual term of sentence, and now with the passage of SB 260, the parole board is urged to give particular 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."  This means that someone sentenced to 15 years, for example, who would traditionally be paroled before becoming eligible for a Youth Parole Hearing, can be released as early as 6 years prior to the traditional parole date.  Getting a commuted sentence or pardon is not easy, but it is certainly more likely with the parole board's recommendation.

To me, the mere thought of a teenager being sentenced to life in prison or long determinate sentences is brutal and unjust.  I am thrilled for the thousands of California youth offenders sentenced by this law who may now get a second chance!  Additionally, this change gives young people hope and an incentive to become model prisoners.  It not only permits a juvenile offender the opportunity to rehabilitate and re-enter society, but also the motivation to seek out educational and rehabilitative opportunities early on in their incarceration. 

If you or someone you know was sentenced to a long prison sentence for an offense committed as a juvenile, contact our office for a free consultation.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar