In Re Henson

In 1973 petitioner was convicted of first degree murder (Pen. Code, § 187) and was sentenced to life imprisonment under the indeterminate sentencing law (ISL) then in effect. Three years later, the Adult Authority published guidelines which contained suggested ranges for life terms and also articulated criteria for determining parole release dates.

On July 1, 1977, the determinate sentence law (DSL) became effective. (Pen. Code, § 1170.) Thirteen months later (July 31, 1978) new guidelines were promulgated, which, like the earlier ones, set forth standards to be employed for determining parole release dates for life prisoners. These new regulations give any life prisoner whose release date was established before July 1, 1977, (the effective date of DSL) an additional hearing to fix his release date under the DSL guidelines. In what appears to have been an attempt to avoid ex post facto problems such prisoners are also given the benefit of whichever determination provides earlier release. (Cal. Admin. Code, tit. 15, § 2292, subd. (c).) For example, if on June 1, 1977, a life prisoner received a parole release date of January 1, 1985, he would be entitled to an additional…