(a) A youth offender is an inmate who meets all of the following criteria:
(1) The inmate was convicted of a controlling offense that was committed before the inmate attained 26 years of age;
(2) The inmate was sentenced to a determinate term or a term of life with the possibility of parole for the inmate's controlling offense; and
(3) The inmate is currently incarcerated for the controlling offense or group of offenses that includes the controlling offense.
(b) Notwithstanding (a), a youth offender is also an inmate who meets all of the following criteria:
(1) The inmate was convicted of a controlling offense that was committed before the inmate attained 18 years of age;
(2) The inmate was sentenced to a term of life without the possibility of parole for the inmate's controlling offense; and
(3) The inmate is currently incarcerated for the inmate's controlling offense or group of offenses that includes the controlling offense.
(c) For purposes of determining whether an inmate qualifies as a youth offender, the “controlling offense” is the single crime or enhancement for which any sentencing court imposed the longest term of imprisonment.
(d) Notwithstanding subsections (a) and (b), inmates who meet one or more of the following criteria are excluded from the definition of a youth offender:
(1) The inmate is sentenced to death;
(2) The inmate is sentenced to a term of life without the possibility of parole for an offense committed after the inmate attained 18 years of age;
(3) The inmate was sentenced on the controlling offense for a prior felony conviction under Penal Code section 1170.12 or Penal Code section 667, subsections (b) through (i);
(4) The inmate was convicted of any offense after attaining 26 years of age for which “malice aforethought” is a necessary element of the offense; or
(5) The inmate, after attaining 26 years of age, committed an additional crime for which the inmate is sentenced to a term of life in prison.
(e) If two or more crimes or enhancements carry identical sentence lengths and are the inmate's longest terms of imprisonment, the controlling offense shall be determined as follows:
(1) If none of the sentences were imposed under Penal Code section 1170.12, or Penal Code section 667, subsections (b) through (i), the controlling offense is whichever offense the inmate committed first in time.
(2) If one sentence was imposed under Penal Code section 1170.12, or Penal Code section 667, subsections (b) through (i), the controlling offense is that offense.
(f) If a sentence is imposed on a crime under Penal Code sections 1170.12, or Penal Code section 667, subsections (b) through (i), but the crime is not the controlling offense, the inmate is a youth offender notwithstanding subsection (d) of this section.
1. New article 3 (sections 3498.1-3498.2) and section filed 12-13-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (e)(1)-(2) (Register 2022, No. 9).
3. New article 3 (sections 3498.1-3498.2) and section refiled 5-24-2022 as an emergency; operative 6-11-2022 (Register 2022, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-9-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-24-2022 order transmitted to OAL 8-31-2022 and filed 10-13-2022 (Register 2022, No. 41).
This database is current through 5/3/24 Register 2024, No. 18.
