This bill has been introduced in the Senate but is not law. We at Straight Ahead are fighting for it to become law, as it would essentially eliminate life without parole sentencing.
This was written and last updated July of 2021. Bills can sometimes change after being introduced.
Here’s what the bill does
The bill currently in the Senate, introduced by Senator Street, essentially abolishes death by incarceration (life without parole sentencing.)
Everyone with a second degree sentence (adults and juveniles over 15) would be eligible for parole after 25 years.
Everyone with a first degree sentence (adults and juveniles over 15) would be eligible for parole after 35 years.
Juveniles under the age of 15 are parole eligible after 20 years for second degree, or 25 years for first degree.
“Cop exception”: People with a first degree conviction for the killing of a police officer can still be sentenced to life without parole. People with a second degree conviction for the killing of a police officer cannot be sentenced to life without parole. This is true for both adults and juveniles of any age.
Just because the person is eligible for parole, doesn’t mean they will necessarily be granted parole by the parole board. It just means they cannot be sentenced to life without the possibility of parole.
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Section 1 : Juveniles
This section eliminates life without parole for juveniles convicted of first degree murder, except in the case of killing a police officer.
It eliminates life without parole for juveniles convicted of second degree murder altogether.
Currently, the statute has a 35 year minimum for first degree murder and 25 year minimum for second degree for juveniles over the age of 15. This doesn’t change, it just eliminates life without parole as an option.
Juveniles under the age of 15 have a 25 year minimum for first degree and a 20 year minimum for second degree. This also doesn’t change, just eliminates life without parole as an option.
“Cop exception”: If a juvenile over the age of 15 is convicted of first degree murder of a police officer they can be sentenced to life without parole, or a minimum of 35 years to life. A juvenile under the age of 15 convicted of first degree murder of a police officer can be sentenced to life without parole, or a minimum of 25 years to life.
Section 2: Those convicted of three or more violent offenses
This bill eliminates life without parole as an option for those people convicted of three or more violent offenses.
People convicted of three or more violent offenses now have a mandatory minimum of 20 years to life (with the possibility of parole.)
Section 3: Life With Parole Reinvestment Fund
This section allows for the creation of a new reinvestment fund.
It would use the savings from reducing the prison population by granting parole to those with LWOP sentences, to instead be used for: victim services, reentry programs and supervision of certain paroled offenders.
Section 4: Parole Power
Right now there is an exception to the parole board’s power (ability to grant parole) for anyone serving life imprisonment. This section changes that. The parole board would now have the power to grant parole to those serving life sentences for first or second degree murder.
People would continue to only be eligible for parole after serving their mandatory minimum sentence.
Anyone with a first degree charge (adult or juvenile over 15) is parole eligible after 35 years
Anyone with a second degree charge (adult or juvenile over 15) is parole eligible after 25 years
Juveniles under 15 are parole eligible for first degree after 25 years, or second degree after 20 years.
“Cop Exception”: Anyone found guilty of first degree murder of a police officer is not eligible to be considered for parole by the parole board.
This is not the case for second degree. Anyone found guilty of second degree murder of a police officer is eligible to be considered for parole.