Persons Denied Parole Prior to 2014 Those people who are eligible for a YOPH but were denied parole prior to 2014 and had their hearing set off should have an opportunity for a YOPH. Although it could, in many cases, be difficult to determine whether an individual was denied parole based on what would now be impermissible criteria, there is a strong argument that the enactment of the new law creates changed circumstances warranting a new hearing or advancing the next scheduled hearing. Suggestions Automatic Advancement Those eligible for the YOPH process but denied parole prior to 2104 should automatically be granted advancement if they petition by 7/1/2015. Uniform Consideration of petitions In the alternative, the Board should draft clear factors for uniform consideration of petitions to advance made by persons eligible for YOPH. Appendix 3: Proposed Regulatory Text Our changes in red P R O P O S E D R E G U L A T O R Y T E X T Proposed additions are indicated by underline and deletions are indicated by strikethrough. BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 15. CRIME PREVENTION AND CORRECTIONS DIVISION 2. BOARD OF PAROLE HEARINGS CHAPTER III. PAROLE RELEASE Article 14. Parole Consideration Hearings for Youth Offenders is to read as follows: added ARTICLE 14. PAROLE CONSIDERATION HEARINGS FOR YOUTH OFFENDERS § 2440. Youth Offender Defined. A offender is an inmate who committed his or her controlling offense prior to reaching age 18, was sentenced to a determinate term or a life term, and is not disqualified based on any factors listed in subdivision (c) of this section. For purposes of determining whether an inmate qualifies as a youth offender, the “controlling offense” is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment. Inmates who committed their controlling offenses prior to reaching age 18 are disqualified
Persons Denied Parole Prior to 2014 Those people who are eligible for a YOPH but were denied parole prior to 2014 and had their hearing set off should have an opportunity for a YOPH. Although it could, in many cases, be difficult to determine whether an individual was denied parole based on what would now be impermissible criteria, there is a strong argument that the enactment of the new law creates changed circumstances warranting a new hearing or advancing the next scheduled hearing. Suggestions Automatic Advancement Those eligible for the YOPH process but denied parole prior to 2104 should automatically be granted advancement if they petition by 7/1/2015. Uniform Consideration of petitions In the alternative, the Board should draft clear factors for uniform consideration of petitions to advance made by persons eligible for YOPH. Appendix 3: Proposed Regulatory Text Our changes in red P R O P O S E D R E G U L A T O R Y T E X T Proposed additions are indicated by underline and deletions are indicated by strikethrough. BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS TITLE 15. CRIME PREVENTION AND CORRECTIONS DIVISION 2. BOARD OF PAROLE HEARINGS CHAPTER III. PAROLE RELEASE Article 14. Parole Consideration Hearings for Youth Offenders is added to read as follows: ARTICLE 14. PAROLE CONSIDERATION HEARINGS FOR YOUTH OFFENDERS § 2440. Youth Offender Defined. A offender is an inmate who committed his or her controlling offense prior to reaching age 18, was sentenced to a determinate term or a life term, and is not disqualified based on any factors listed in subdivision (c) of this section. For purposes of determining whether an inmate qualifies as a youth offender, the “controlling offense” is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment. Inmates who committed their controlling offenses prior to reaching age 18 are disqualified
Compiled-comments-2-17-15.docx