(a) Diminished Culpability of Youths as Compared to Adults. The diminished culpability of youths as compared to adults includes, but is not limited to, consideration of the following factors:
(1) The ongoing development in a youth's psychology and brain function;
(2) The impact of a youth's negative, abusive, or neglectful environment or circumstances;
(3) A youth's limited control over his or her own environment;
(4) The limited capacity of youths to extricate themselves from dysfunctional or crime-producing environments;
(5) A youth's diminished susceptibility to deterrence; and
(6) The disadvantages to youths in criminal proceedings.
(b) Hallmark Features of Youth. The hallmark features of youth include, but are not limited to, consideration of the following factors:
(2) An underdeveloped sense of responsibility;
(3) Impulsivity or impetuosity;
(4) Increased vulnerability or susceptibility to negative influences and outside pressures, particularly from family members or peers;
(5) Recklessness or heedless risk-taking;
(6) Limited ability to assess or appreciate the risks and consequences of behavior; and
(7) Transient characteristics and heightened capacity for change.
(c) Subsequent Growth and Increased Maturity of the Inmate While Incarcerated. The subsequent growth and increased maturity of the inmate while incarcerated includes, but is not limited to, consideration of the following factors:
(1) Considered reflection;
(2) Maturity of judgment including, but not limited to, improved impulse control, the development of pro-social relationships, or independence from negative influences;
(3) Self-recognition of human worth and potential;
(5) Positive institutional conduct; and
(6) Other evidence of rehabilitation.
Credits
Note: Authority cited: Section 12838.4, Government Code; and Sections 3051(e), 3052 and 5076.2, Penal Code. Reference: Sections 3051 and 4801(c), Penal Code; Graham v. Florida (2010) 560 U.S. 48, 130 S.Ct. 2011; Miller v. Alabama (2012) 132 S.Ct. 2455; People v. Caballero (2012) 55 Cal.4th 262, 282 P.3d 291, 145 Cal.Rptr.3d 286; Moore v. Biter (2013) 725 F.3d 1184; Roper v. Simmons (2005) 543 U.S. 551; People v. Franklin (2016) 63 Cal.4th 261; and Montgomery v. Louisiana (2016) 136 S.Ct. 718.
1. New section filed 11-20-2019; operative 1-1-2020 (Register 2019, No. 47).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 2446, 15 CA ADC § 2446
