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<ns0:Id>20250SB__067296AMD</ns0:Id>
<ns0:VersionNum>96</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-10</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-06-13</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>672</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Rubio</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Senators Becker, Durazo, Menjivar, Pérez, and Weber Pierson)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Rubio</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Becker</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Durazo</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Menjivar</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Weber Pierson</ns0:Name>
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</ns0:Authors>
<ns0:Title> An act to amend Section 3051 of the Penal Code, relating to parole.</ns0:Title>
<ns0:RelatingClause>parole</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>The Youth Rehabilitation and Opportunity Act.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed specified crimes when they were under 25 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was under 18 years of age and for which the sentence is life without the possibility of parole eligible for release on parole at a youth offender hearing by the board during the person’s 25th year of incarceration. Existing law specifies that these provisions do not alter the rights of a victim at a parole hearing.</html:p>
<html:p>Under existing law, a murder perpetrated by specified means or under certain circumstances is defined as murder of the first degree. Existing law, as added by Proposition 7, an initiative measure approved by the voters at the
November 7, 1978, statewide general election, requires that a person convicted of first-degree murder be subject to death or confinement in prison for a term of life without the possibility of parole in any case in which specified special circumstances are charged and found to be true. Proposition 7 does not provide for amendment by the Legislature.</html:p>
<html:p>This bill, the Youth Rehabilitation and Opportunity Act, would instead make a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which they were sentenced to life without the possibility of parole eligible for parole after their 25th year of incarceration, except as specified. The bill would require the board to complete, by January 1, 2028, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by these provisions, as specified.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_BE8E2F33-6F88-4422-8DE1-E054BC7B736E">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>This act shall be known, and may be cited, as the Youth Rehabilitation and Opportunity Act.</html:p>
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<ns0:BillSection id="id_5DE7AA15-37B0-4639-AE20-B73EF279777E">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 3051 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_23B10D3B-BBA5-4777-8486-A4BEA6D6AD7D">
<ns0:Num>3051.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 25 years of age or younger at the time of the controlling offense.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The board shall conduct a hearing under this section in accordance with the public safety standards described in paragraph (1) of subdivision (b) of Section 3041.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Incarceration” means detention in a city or county jail, local
juvenile facility, mental health facility, Division of Juvenile Justice facility, or Department of Corrections and Rehabilitation facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Controlling offense” means the offense or enhancement for which a sentencing court imposed the longest term of imprisonment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Youth parole eligible date” is the earliest date upon which a youth offender is eligible for release on parole at a youth offender parole hearing. Except as provided in subdivision (i) and Section 3051.1, a youth offender is entitled to their initial youth offender parole hearing within six months of their youth parole eligible date, as determined in subdivision (b), unless previously released or entitled to an earlier parole consideration hearing pursuant to any other law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who was convicted of a controlling offense that was committed when they were 25 years of age or younger and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing during their 15th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 15th year of incarceration.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who was convicted of a controlling offense that was committed when they were 25 years of age or younger and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole at a youth offender parole hearing during their 20th year of incarceration. The youth
parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 20th year of incarceration.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who was convicted of a controlling offense that was committed when they were 25 years of age or younger and for which the sentence is a life term of 25 years to life shall be eligible for release on parole at a youth offender parole hearing during their 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 25th year of incarceration.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A person who was convicted of a controlling offense that was committed when they were 25 years of age or younger and for which the sentence is life
without the possibility of parole shall be eligible for release on parole at a youth offender parole hearing during their 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of their 25th year of incarceration. This section does not apply to a person who committed the controlling offense when they were 18 years of age or older at the time of the crime and were convicted of any of the following offenses:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Special circumstance murder committed by means of a destructive device, bomb, or explosive pursuant to paragraph (4) or (6) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Special circumstance murder of a peace officer or federal law enforcement officer or agent pursuant to paragraph (7) or (8) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Special circumstance murder of a firefighter pursuant to paragraph (9) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Special circumstance murder of a witness to a crime pursuant to paragraph (10) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Special circumstance murder of a prosecutor pursuant to paragraph (11) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Special circumstance murder of a judge pursuant to paragraph (12) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Special circumstance murder of a government official pursuant to paragraph (13) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Special circumstance murder in which the victim was intentionally killed because of their race, color, religion, nationality, or country of origin pursuant to paragraph (16) of subdivision (a) of Section 190.2 or murder that is a hate crime, as defined in Section 422.55.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A sex offense committed during the course of murder in the first degree with special circumstances pursuant to paragraph (17) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Special circumstance murder that was intentional and involved the infliction of torture pursuant to paragraph (18) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Special circumstance murder of a juror pursuant to paragraph (20) of subdivision (a) of Section 190.2.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
First-degree murder as the actual killer if two or more people are killed in a shooting
incident.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Intentional murder of a child 12 years of age or younger.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Murder that is an act of domestic violence, as defined in Section 13700.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 youth as compared to that of adults, the hallmark features of youth, and subsequent growth and increased maturity of the individual.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or the individual’s growth and maturity since the time of the crime may submit statements for review by the board.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The board shall conduct a proceeding under this section in accordance with all constitutional and statutory rights of a registered victim and their next of kin under California law, including, but not limited to,
the rights to notification described in paragraph (1) of subdivision (a) of Section 3043, to appear personally or by counsel and to adequately and reasonably express their views pursuant to paragraph (1) of subdivision (b) of Section 3043, and to have the board consider their entire and uninterrupted statement in deciding whether to release the person on parole pursuant to subdivision (d) of Section 3043.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Board of Parole Hearings or its successor is responsible for protecting victims’ rights in the parole process pursuant to Section 3044.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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. A subsequent youth offender parole hearing shall not be necessary if the offender is released pursuant to any other law prior to the date of the subsequent hearing.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does 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. This section does not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 26 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.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 January 1, 2014, by July 1, 2015.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 January 1, 2016, by July 1, 2017.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 January 1, 2016, 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 January 1, 2018, by January 1, 2020.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 January 1, 2018, by January 1, 2022. The board shall, for all individuals described in this subparagraph, conduct the
consultation described in subdivision (a) of Section 3041 before January 1, 2019.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The board shall complete, by July 1, 2020, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole before the person had attained 18 years of age and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before July 1, 2020.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The board shall complete, by January 1, 2028, all youth offender parole hearings for individuals who were sentenced to terms of life without the possibility of parole and who are or will be entitled to have their parole suitability considered at a youth offender parole hearing before January 1, 2028.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The Secretary of the Department of Corrections and Rehabilitation may authorize a person described in paragraphs (1) to (3), inclusive, of subdivision (b) to obtain an earlier youth parole eligible date by adopting regulations pursuant to subdivision (b) of Section 32 of Article I of the California Constitution.
</html:p>
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