SB 389 - This act requires the Board of Probation and Parole to review the case history and prison record of offenders who are incarcerated and serving a sentence of more than 15 years who have no prior felony convictions, have served at least 15 years, and have exhausted all state and federal appeals.
Following the review, the Board must report, within a reasonable time, a recommendation to the governor on whether to deny or grant executive clemency.
If the Board finds during the review that the offender has ever been physically, mentally, emotionally, or sexually abused, or the offender's age, maturity level and any other influence at the time of the offense affected the offender's judgement, then the offender shall be eligible for parole.
When deciding whether to recommend a grant or denial of executive clemency, the Board must consider the length of time served, the offender's prison record and self-rehabilitation efforts, evidence of abuse, the offender's role in the crime and the degree of violence exhibited, whether a plea bargain was offered, the severity of the sentence received in comparison to the offender's role in the crime, the age and maturity of the offender and any contributing influence affecting the offender's judgement, and whether the offender has given substantial thought to a workable parole plan.
Any offender's case that is reviewed must be re-reviewed every three years the offender remains incarcerated.
This act is similar to HB 419 (2013) and HB 1067 (2012).