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Andrea
Andrea, Lawyer
Category: Criminal Law
Satisfied Customers: 12554
Experience:  25 yrs Criminal Defense, Real Estate & Business Law, Family Law, Immigration, Employment Law
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Senate Bill 261 - Youth Offender Parole Hearing My husband

Customer Question

Senate Bill 261 - Youth Offender Parole Hearing
My husband has been incarcerated it has been almost 14 years in December of this year, he was incarcerated at 22 and was sentenced in a california state prison at the age of 23 .
SB-261 was amended last year, does my husband qualify for a parole hearing under this law (SB-261)? and how do I (or he) request a parole hearing for consideration of his release.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Andrea replied 7 months ago.
Hi, and welcome to JustAnswer, My name is ***** ***** I am an Attorney. I will be glad to Answer your question and the only thing I ask of you is that you leave a positive rating. This will not cost you anything additional, and it is the only way that JustAnswer will give me credit for assisting you. Please give me a moment to review Senate Bill261 as it relates to your husband and I will return momentarily with my answer to your question, Okay ? ANDREA
Expert:  Andrea replied 7 months ago.
I will need the following additional information, in order to determine if your husband is eligible, if you do not mind, 1. How old was your husband when he committed the offense ? 2. What was the actual sentence (How many years) was your husband given by the Judge hearing his case? The sentence is stated by the Judge as, "Defendant shall serve a term of incarceration of 'not less than ___ years, nor more than ____ years. Please fill in those blanks. I could give you a brief synopsis of Senate Bill 261, if you like
Expert:  Andrea replied 7 months ago.
Actually, I thought it would be much easier for you if I gave you a summary of Senate Bill 261 and you could simply apply the relevant section to your husband's situation to determine his eligibility date for release on parole. Senate Bill 261 was passed into law and approved by the Governor on October 3, 2015. The important parts which affect all defendants who are presently in jail serving their sentence are the following –Defendants who committed an offense before they were 23 years old and who were given the maximum sentence that could be imposed for that offense are eligible to be released on parole at a youth offender parole hearing held by the Parole Board under the following conditions and at the following times –1. If the maximum sentence imposed on the defendant was a determinate sentence (in other words the sentence was for a set number of years), the defendant will be eligible for release on parole by the Parole Board during his or her 15th year of incarceration; 2. If the maximum sentence imposed on the defendant was less than 25 years to life, the defendant will be eligible for release on parole by the Parole Board during his or her 20th year of incarceration at a youth offender parole hearing; 3. If the maximum sentence imposed on the defendant was 25 years to life, the defendant would be eligible for release on parole by the Parole Board during his or her 25th year of incarceration at a youth offender parole hearing. So, In order to determine your husband’s earliest eligibility date for release on parole, you would have to look at the sentencing sheet prepared by the Court at the time of sentencing and then see in which of the 3 above categories it falls. Please be kind enough to leave a Positive Rating so that JustAnswer will give me credit for assisting you, This will not cost you anything additional and it is the only way that JustAnswer knows that I answered your question so that I will receive credit for assisting you, Bonus is greatly appreciated, Kindest regards, ANDREA