In CA, people can be sentenced to death or life without parole aka “death by incarceration” because of a mandatory special circumstance law from the 1970’s. This mandatory LWOP sentence does not allow a judge to justly review a person's ability to rehabilitate.
A prosecuting attorney decides whether to charge an individual with a special circumstance. Before 1990, judges had the ability to exercise their discretion to determine if a special circumstance enhancement was appropriate or necessary to the case.
Since 1990, judges have lost that ability. #SB481 returns that authority. #SB481 provides the opportunity for a hearing & a court decision about whether to strike or dismiss a special circumstances finding...
Paying special attention to young people under 26 at the time of the crime, then allowing for an opportunity to earn their freedom before a panel of experts, the parole board.
The Parole board is a careful and cautious process. There is no guarantee of release. For those under 26, they will go to the Youth Offender Parole process, which only grants 20% of people release and has less than 3% recidivism rate.
#SB481 does not release anyone, simply allows judges an opportunity to decide if someone sentenced to LWOP “death by incarceration” should be given an opportunity to appear before the Board of Parole Hearings for consideration of release after 25 years. #Hope#Redemption
#SB481 offers survivors of crime a wide range of services and counseling that inspire healing instead of being left out & with no sense of accountability or safety.