Certain abuse survivors serving life sentences would qualify for parole

Covered prisoners would be eligible for parole when the parole board finds a strong, reasonable chance they will not break the law again. This covers prisoners serving life without parole or life with no parole for 50 years. Their crime must stem directly from abuse by a spouse or other partner, household member, or sexual or labor trafficker. The person must have no prior violent felony convictions and no remaining legal claim or remedy. Continual, substantial domestic abuse or sexual or labor trafficking must have occurred within five years before or on the crime date and contributed to the crime. Evidence of facts or circumstances that existed during the abuse or trafficking must support that history. The guilty plea must have been entered or the trial begun before December 31, 2000. Eligibility would begin after serving five years or one-third of the sentence, whichever is less.

The parole board would favor granting a hearing when a covered prisoner asks for one. These rules cover prisoners who meet the life-sentence and abuse-related eligibility requirements. The prisoner must ask the board for a hearing. The board could deny a hearing only if the petition’s facts are inherently unreliable or its factual claims are inadequate. A denial would require written findings explaining the factual reasons.

The parole board would follow rules for missed prison programs and conflicting accounts of abuse or trafficking. These rules would apply to parole reviews under this section. Missed treatment or prison programs could not count against eligibility when the person wanted to participate but could not. Conflicting witness accounts about whether abuse occurred or was continual and substantial would require supporting evidence beyond witness statements. A contradictory statement by the abuse or trafficking victim would not count as a conflicting statement under that rule.