LEGISLATURE 2011: Bill: Juveniles can’t face life without parole unless the crime is murder

Nevada Appeal, Feb 12, 2011

Legislation introduced in the Assembly Friday would prohibit sentencing a juvenile offender to life without parole unless the crime was homicide.

Existing law already prohibits the death sentence for a juvenile who commits a crime before age 18.

The reason for the legislation, according to the legislative counsel, is a recent decision by the U.S. Supreme Court ruling life without parole unconstitutional for juvenile offenders.

In addition, the bill applies retroactively to any current Nevada inmates who were sentenced to life in prison without parole for crimes committed before age 18.

The maximum sentence for a juvenile offender would be life with the possibility of parole.

Assembly Bill 134 was referred to the Judiciary Committee.

In addition, the Judiciary Committee introduced Assembly Bill 136, which allows criminals serving time for class B felonies to apply good time credits to reduce their minimum sentences. Inmates convicted of lesser felonies can already have their minimum sentences reduced by good time credits but that has been denied in the case of more serious and, particularly, violent crimes. Study committees made the recommendation noting that some B felonies aren’t crimes of violence.

The change would help relieve prison crowding by getting some of those inmates out of prison earlier.

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No Exit

A new report released by The Sentencing Project finds a record 140,610 individuals are now serving life sentences in state and federal prisons, 6,807 of whom were juveniles at the time of the crime. In addition, 29% of persons serving a life sentence (41,095) have no possibility of parole, and 1,755 were juveniles at the time of the crime.

No Exit: The Expanding Use of Life Sentences in America represents the first nationwide collection of life sentence data documenting race, ethnicity and gender. The report’s findings reveal overwhelming racial and ethnic disparities in the allocation of life sentences: 66% of all persons sentenced to life are non-white, and 77% of juveniles serving life sentences are non-white.

Other findings in the report include:

* In five states – Alabama, California, Massachusetts, Nevada, and New York – at least 1 in 6 prisoners is serving a life sentence.

* Five states – California, Florida, Louisiana, Michigan, and Pennsylvania – each have more than 3,000 people serving life without parole. Pennsylvania leads the nation with 345 juveniles serving sentences of life without parole.

* In six states – Illinois, Iowa, Louisiana, Maine, Pennsylvania, and South Dakota – and the federal government, all life sentences are imposed without the possibility of parole.

* The dramatic growth in life sentences is not primarily a result of higher crime rates, but of policy changes that have imposed harsher punishments and restricted parole consideration.

The authors of the report, Ashley Nellis, Ph.D., research analyst and Ryan S. King, policy analyst of The Sentencing Project, state that persons serving life sentences “include those who present a serious threat to public safety, but also include those for whom the length of sentence is questionable.” One such case documented is that of Ali Foroutan, currently serving a sentence of 25 years to life for possession of 0.03 grams of methamphetamine under California’s “three strikes” law.

The Sentencing Project calls for the elimination of sentences of life without parole, and restoring discretion to parole boards to determine suitability for release. The report also recommends that individuals serving parole-eligible life sentences be properly prepared for reentry back into the community.