Criminal Justice (Probation & Parole)

Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term. This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 10 years, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime. By creating a new sentencing enhancement, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally regulates deadly weapons, including assault weapons. Existing law defines an assault weapon, including, among others, as a semiautomatic centrefire firearm, as specified, that has a threaded barrel capable of accepting a silencer. Existing law defines a silencer, among others, as any device or attachment intended to muffle the sound of a firearm. Existing law makes it a felony for any person, firm, or corporation to possess a silencer for a firearm. Existing law exempts specified actions from those provisions, including the manufacture, possession, transportation, or sale or other transfer of a silencer to specified law enforcement agencies and military or naval forces by dealers or manufacturers registered under federal law. Existing law authorizes a court to sentence an eligible person convicted of a felony to probation. Existing law prohibits granting probation in specified circumstances, including if the person possesses a silencer. Existing law requires any weapon, including a firearm and any attachments, that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would replace the term "silencer" with the term "suppressor" in the above provisions.

Existing law sets the period of parole for a person sentenced to prison for first- or 2nd-degree murder pursuant to specified provisions to be the remainder of the person's life. Existing law requires a person subject to those provisions who is on parole and who violates the law or the conditions of their parole to be remanded to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration. Existing law also sets the parole period for a person released on parole from state prison on or after July 1, 2020, and who was sentenced to life, to no more than 3 years. This bill would authorize the court to remand a person sentenced to prison for first- or 2nd-degree murder pursuant to specified provisions and released on parole on or after July 1, 2020, and who the court determines has committed a violation of law or the conditions of their parole, to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration, if the court finds that this is in the furtherance of justice. The bill would, if the court does not remand the person to the custody of the Department of Corrections and Rehabilitation, instead subject the person to a period of confinement in the county jail, as specified.

The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes. This measure would repeal those provisions.