Parole hearings would cover long sentences for crimes before 26

The Board of Pardons and Paroles would hold hearings when covered people become eligible for parole, or release under supervision. The rule covers sentences of more than ten years for crimes committed before age 26, without a crime or sentencing date cutoff. Sentence portions for crimes committed at age 26 or older follow other parole rules. For sentences of 50 years or less, people must serve 60% of the sentence or 12 years, whichever is greater. For longer sentences, they must serve 30 years. Earlier eligibility under other parole rules would still apply. Release would require findings of substantial rehabilitation, a reasonable chance of obeying the law, and benefits from supervised release that substantially outweigh continued imprisonment. These parole rules would take effect when the bill becomes law.

The parole board would start with an assumption that people eligible under the under-26 rule satisfy all other parole eligibility factors. The assumption applies to people who meet the age, sentence length, and waiting-period requirements of the under-26 parole rule. Evidence could overcome this assumption. It would not guarantee release. This rule would take effect when the bill becomes law.

Judges would consider a defendant’s age and brain development when deciding a sentence. These requirements cover people convicted of serious crimes classified as class A or B felonies committed before age 26, including children tried in adult court. If a proposed sentence would likely keep the person imprisoned until death, the judge must consider how the developmental evidence weighs against that sentence. The investigation and report prepared before sentencing could not be waived. These sentencing rules would take effect when the bill becomes law.