Some CA Inmates Serving Life Without Parole Could Go Free: SB 94

CALIFORNIA — A California Senate bill that could allow parole hearings for some inmates serving life in prison without the possibility of parole received fierce pushback Thursday from opponents who argue the proposal is a slap in the face to victims' families and a danger to society.

Supporters say, however, that the proposed legislation aligns with the state's "modern justice system" by modifying "extreme sentencing laws" that contribute to mass incarceration.

Thursday's news conference to denounce Senate Bill 94 featured Republican lawmakers and victim advocates, including family members impacted by violence.

Riverside County Sheriff Chad Bianco told reporters gathered at the State Capitol that the life-without-parole sentence is reserved for the "worst of the worst ... violent criminals who have committed heinous crimes."

Bianco, who is taking his tough-on-crime narrative to politics, said he has looked into the eyes of violent offenders and has listened to them talk.

"They are not wired like you and me," he told reporters, saying the convicted are dangerous and should never be set free, no exceptions.

Senate Bill 94 allows leeway under a strict process. First, it would let judges review facts not previously considered in court — including whether the convicted was victimized by domestic violence, childhood abuse, racial bias in the justice system, or other factors. Second, a parole hearing could take place for inmates who meet certain criteria: their offenses were committed before June 5, 1990, and they have served at least 25 years in prison. Inmates convicted of murdering a peace officer, serial killings or sex offenses would be ineligible. Lastly, any decision to release a prisoner must receive the governor's approval.

Following Thursday's news conference, Sen. Dave Cortese (D-San Jose), who introduced SB 94 last year, pushed back against the event, saying "misinformation" was spewed.

"This is a conservative, narrow bill tailored to a specific subsection of our incarcerated population who may not have received the same sentence had they been convicted in the present day," Cortese said. "I would encourage everyone to read the bill and read our proposed amendments."

Life in prison without the possibility of parole

Living out one's natural days in prison is the intent behind a life without parole sentence. The sentence can only be handed down in extreme cases, such as first-degree murder with special circumstances that make the killing especially abhorrent; rape and other serious sex crimes that include extreme violence, multiple victims or crimes against children; kidnapping with aggravated factors including violence; and treason. In some cases, defendants take life-without-parole plea deals to avoid the death penalty.

State Senate Bill 94 would indeed open the door to parole hearings for some of these prisoners.

"This review process is not new; the Governor has the power to commute and pardon any sentence, for any crime, at any time," Cortese said.

State Sen. Kelly Seyarto (R-Murrieta) was on hand for Thursday's news conference. He told reporters that SB 94 is unfair to victims' families. The still-grieving loved ones were promised at sentencing that the convicted would never be set free and there was no possibility of parole hearings.

Victims' families should not have to "relive the trauma" through hearings, Seyarto said. "It's not fair."

The proposed legislation is "fighting for the criminals and against the victims," according to Seyarto.

According to SB 94 supporters, however, some of the inmates eligible under SB 94 were victims themselves, including women who were coerced into participating in crimes by their abusers.

Victims and assailants

State Sen. Brian Jones (R-San Diego) was at Thursday's news conference. He did not offer any reprieve for those serving life without parole. He recounted violent murders in which he alleged the condemned perpetrators could get parole hearings under SB 94. He brought up the case of Richard Phillips who was convicted and sentenced to life without parole in the 1977 robbery and murder of Bruce Bartulis and attempted murder of Ron Rose.

In that case, Phillips lured Bartulis and Rose to Madera County from Southern California for the purpose of robbing them. Once in Madera County, Phillips took the two men to a deserted area along the 99 freeway, where he shot them multiple times, stole their wallets, doused them in gasoline and set them on fire.

Rose, who was still alive, got away. Phillips then chased him down with his car and hit him.

Another inmate, Timothy Morris, was sentenced in 1986 to life in prison without parole by Ventura County Superior Court Judge Robert Shaw. Morris was convicted of murdering William Nye, 68, in his ranch home near Ojai. A jury also found Morris guilty of robbery and burglary in the commission of the crime.

Nye, who was disabled, was beaten to death with the leg of a wooden table and a fireplace poker.

Morris could also become eligible for a parole hearing under SB 94, according to Jones.

Lauren Pettigrew is a legislative director for the Auburn-based nonprofit Crime Victims United. The organization was founded by Harriet Salarno. In 1979, Salarno's 18-year-old daughter was murdered "execution style" at the University of the Pacific in Stockton on her first day of college.

Pettigrew told reporters Thursday that SB 94 is "a slap in the face" to victims' families.

In 2007, Pettigrew's brother, David, was murdered in Long Beach by three people who were sentenced to life without parole. While the offenders would not be eligible for parole hearings under SB 94 due to the age of their case, she said the life without parole sentence is meant to give victims like her some closure.

Reliving the murder through parole hearings would be too traumatizing, she said. While her children don't yet know details about their Uncle David's death, when they do learn Pettigrew said she hopes to assure them that his killers will never get out of prison.

History of Senate Bill 94

Introduced in early 2023 by Cortese, SB 94 was shelved for months but is back on the table.

At the time he introduced the legislation, Cortese said, "SB 94 would allow a small population of the oldest incarcerated Californians to petition a judge for a parole hearing. People who ... demonstrated their complete rehabilitation after decades in prison would face three levels of intense evaluation: the judge, the Board of Parole Hearings, and the Governor."

He continued, "Elder people who have turned their lives around after decades behind bars would have an opportunity to rejoin society instead of continuing to contribute to mass incarceration. It’s time to put these cases in line with California’s modern justice system."

In an Aug. 12, 2024, KCRA article, Cortese told the outlet, "SB 94 creates a tough four-tiered process ... . Most petitions for hearing are expected to be denied. This bill is a conservative approach to those rare cases that exist which qualify for and merit review. I am hopeful with amendments made to the bill we will have the votes to send it to the Governor this month."

State Assemblymember James Gallagher (R-Chico) hopes the bill dies. He led Thursday's news conference and told reporters, "This bill is not just bad policy; it's an affront to justice and every person who has suffered at the hands of these criminals."

According to Cortese's office, SB 94 is supported by the Ella Baker Center for Human Rights, the Felony Murder Elimination Project, California Coalition for Women Prisoners, the Anti-Recidivism Coalition, Californians United for a Responsible Budget, Families United to End Life Without Parole, Center for Employment Opportunity, FAMM, and The Sister Warriors Freedom Coalition.