People v. Scott CA2/8

DISCUSSION

Section 3051 requires the Board of Parole Hearings (Board) to conduct a youth3 offender parole hearing during the 15th, 20th, or 25th year of a defendant’s incarceration if the defendant was 25 years or younger at the time of the “controlling offense,” that is, “the offense or enhancement for which any sentencing court imposed the longest term of imprisonment.” (§ 3051, subds. (a)(2)(B), (b)(1)–(3).) “A person who was convicted of a controlling offense that was committed when the person was

We refer to those over 18 years of age but younger than 26 years at the time of their offense as youth offenders, and to those under 18 years of age at the time of their offense as juveniles.

3 25 years of age or younger and for which the sentence is a life term of 25 years to life shall be eligible for release on parole at a youth offender parole hearing during the person’s 25th year of incarceration.” (Id., subd. (b)(3).) Several categories of offenders, however, are excluded from eligibility pursuant to section 3051, subdivision (h), including offenders such as Scott who were “sentenced to [LWOP] for a controlling offense that was committed after the person had attained…