Section 2446(B) Determination of Suitability for Youth Offenders

Section 2446(b) Determination of suitability for youth offenders.

(a) General. The panel shall first determine whether a youth offender is suitable for release on parole. Regardless of the length of time served, a youth offender shall be found unsuitable for and denied parole if in the judgment of the panel the youth offender will pose an unreasonable risk of danger to society if released from prison.

(b) Information Considered. All relevant, reliable information available to the panel shall be considered in determining suitability for parole.

(1) Such information shall include the circumstances of the youth offender's social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the youth offender may safely be released to the community; and any other information which bears on the youth offender's suitability for release.

(2) The panel shall consider the youth offender’s social history, prior criminality, the commitment offense, and adjustment to incarceration, in the context of the youth factors defined in subsection (c).

(3) Evidence of an unstable social history as a juvenile does not tend to show unsuitability.

(1) the diminished culpability of youth;

(2) the hallmark features of youth, including (a) proclivity to engage in risky and reckless behavior, (b) immaturity, impulsivity, and diminished ability to consider and appreciate consequences; (c) the influence of a dysfunctional, abusive, or criminogenic environment; (d) vulnerability and susceptibility to family and peer pressure and other negative influences; and

(3) subsequent growth and maturity, in accordance with Penal Code Section 4801(c).

(d) Substantial evidence. Where the hallmark features of youth are causative factors underlying the commitment offense, then the youth offender shall be found suitable unless there is substantial evidence of current dangerousness.

(e) Circumstances Tending to Show Unsuitability. The following circumstances each tend to indicate unsuitability for release. These circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate unsuitability include:

(1) Commitment Offense. The youth offender committed the offense in an especially heinous, atrocious or cruel manner. The factors to be considered include:

a) The youth offender specifically intended to attack or kill multiple victims in the same or separate incidents after conscious [careful? reasoned?] consideration and appreciation of the consequences.

b) The youth offender carried out the commitment offense in a dispassionate and calculated and manner after conscious [careful? reasoned?] consideration and appreciation of the consequences

c) The youth offender intentionally abused, defiled or mutilated the victim during or after the offense.

d) The youth offender’s actions during the commitment offense demonstrated an exceptionally callous disregard for the victim’s suffering.

(2) Continued Record of Violence. The youth offender has continued to engage in a persistent pattern of violence against others.

(3) Social Relations. The youth offender has failed to establish positive or stable social relationships as an adult.

(4) Sadistic Sexual Offenses. The youth offender has previously sexually assaulted another in a manner calculated to inflict unusual pain or fear upon the victim.

(5) Psychological Factors. The youth offender has severe and unresolved mental problems related to the commitment offense or other violent conduct.

(6) Institutional Behavior. The youth offender has engaged in a pattern of recent and serious misconduct in prison or jail. In recognition that the hallmark features of youth extend to exert an influence after age 18, and that this is especially the case among those who are incarcerated at a young age, misconduct in early adulthood does not tend to demonstrate unsuitability for youth offenders.

(7) Failure to Mature. The youth offender has failed to demonstrate growth and maturity relative to the youth offender’s age at the time of the offense, age when he or she entered prison, and age at the time of the parole consideration hearing.

(g) Circumstances Tending to Show Suitability. The following circumstances each tend to show that the youth offender is suitable for release. The circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate suitability include:

(1) Commitment Offense. The hallmarks features of youth contributed to the youth offender’s participation in the commitment offense. The factors to be considered include:

a) The youth offender acted without having first considered and appreciated the consequences that were likely to result from his actions, such as where the motive for the offense is very trivial or inexplicable in relation to the harm.

b) The influence of peers or adults contributed to the youth offender’s participation in the crime, such as where the youth offender was motivated to commit the crime to generally find favor with peers or adults, or to follow a particular directive given by peers or adults.

c) Significant stress in the life of the youth offender contributed to the youth offender’s participation in the offense. This may be evidenced by extended exposure to violence; a dysfunctional or chaotic family or home environment; physical, sexual, or emotional abuse; extended substance abuse beginning at a young age; or other factors.

(2) Signs of Remorse. The youth offender has performed acts that tend to indicate the presence of remorse, such as attempting to repair the damage, seeking help for or relieving suffering of the victim, or demonstrating that he or she understands the nature and magnitude of the offense.

(3) Physical or Mental Impairments. Physical or mental impairments [in combination with the hallmark features of youth] contributed to the youth offender’s participation in the commitment offense.

(4) Intimate Partner Battering and Its Effects. At the time of the commission of the crime, the youth offender suffered from Intimate Partner Battering and its effects, as defined in section 2000(b), and it appears the criminal behavior was related to that victimization.

(5) Lack of Criminal History. The youth offender lacks any significant history of violent crime.

(6) Growth and Maturity. The youth offender has demonstrated growth and maturity during incarceration relative to the youth offender’s age at the time of the offense, age when he or she entered prison, and age at the time of the parole consideration hearing.

(7) Institutional Behavior. Institutional activities indicate an enhanced ability to function within the law upon release.

(8) Understanding and Plans for Future. The youth offender has made realistic plans for release or has developed marketable skills that can be put to use upon release.