California Senate Passes Bill Allowing Parole for Some Serving Life Without Parole

SB 672 is backed by groups such as BeyondLWOP, which opposes life sentences without the possibility of parole.

A correctional officer walks near a gate, which is one of two entrances, at Kern Valley State Prison, in Delano, Calif., on June 14, 2005. Ric Francis/AP Photo

A California bill that would allow individuals sentenced to life in prison without parole for crimes committed before age 26 to be eligible for parole after serving at least 25 years in prison passed the state Senate in a 24–11 vote on June 3. The bill now heads to the state Assembly.

SB 672, or the Youth Rehabilitation and Opportunity Act, wouldn’t apply to those who had killed a peace officer or federal law enforcement agent. It also excludes those convicted in a mass shooting at a school or church where three or more people were killed, as well as murders that involved torture or sexual assault.

The existing law makes a person convicted of a controlling offense committed when they were under 18, and sentenced to life without the possibility of parole (LWOP), eligible for release on parole at a youth offender hearing during their 25th year of incarceration.

The bill would expand that eligibility to people who committed their offenses at age 25 or younger. A controlling offense refers to an offense for which a sentencing court chooses the longest term of imprisonment possible.

The bill was authored by Sen. Susan Rubio and coauthored by Sens. Josh Becker, Maria Elena Durazo, Caroline Menjivar, and Sasha Renee Pérez, all Democrats.

Proponents, including Rubio, argue that the bill recognizes neuroscience research demonstrating that brain development continues into the mid-20s, suggesting young adults may have greater potential for rehabilitation.

“The prefrontal cortex—the area responsible for decision-making, impulse control, and judgment—is not fully developed until around age 25. This impacts a young adult’s ability to assess risk, plan long-term, and regulate behavior,” an FAQ about the bill on Rubio’s website states.

The bill is backed by groups such as BeyondLWOP, which opposes life sentences without the possibility of parole.

“SB 672 is a step towards a more just system, aligning CA law with modern neuroscience that recognizes brain development continues into the mid-20s,” the National LWOP Leadership Council said in a statement posted to social media. “It provides a  review, not guaranteed release, through a rigorous, proven parole process.”

Opponents, including crime victim advocates and some law enforcement officials, say the measure is dangerous.

Orange County District Attorney Todd Spitzer says the bill could undermine public safety by allowing violent offenders back into society.

“These are violent criminals who went through the criminal justice process and a judge sentenced them to life without the possibility of parole,” Spitzer said in a May 30 statement posted to social media ahead of the vote. “The victims’ families were told that these killers were never getting out of prison – because that’s what a life sentence without the possibility of parole used to mean.”

Senate Public Safety Committee Vice Chair Kelly Seyarto said the bill was tailored to some of the most violent offenders out of prison.

“These individuals were sentenced to life without parole for crimes so extreme that the justice system deemed them beyond rehabilitation. Instead of weakening our justice system, we should be focusing on strengthening public safety and protecting Californians. SB 672 betrays victims and undermines accountability, and it must be stopped,” Seyarto said.

About 1,600 violent criminals convicted of murder could be eligible for parole under the bill, Spitzer said.