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Committee backs longer parole minimum for child-torture convictions, sends bill to Appropriations
Summary
AB 10 94 would raise the minimum term before parole eligibility to 20 years for persons convicted of torturing a child under 14 when the offender was in a position of care or custody; the committee passed the bill as amended to Appropriations after extended testimony from prosecutors, physicians and defense advocates.
The Assembly Public Safety Committee passed AB 10 94 as amended and sent it to the Appropriations Committee. Assemblymember Baines, the author, said the bill imposes “a minimum term of 20 years before eligibility for parole” for persons convicted of torturing a child under age 14 when the perpetrator was in a position of care or custody.
Proponents included Deputy District Attorney Bethel Cope Vega, who described multiple cases of severe child abuse and urged longer minimums, and other law-enforcement and victims’ groups (California State Sheriffs Association, California Police Chiefs Association, California District Attorneys Association and Crime Victims United). The author said current law allows parole consideration after seven years for torture sentences and that such timelines are insufficient in child torture cases.
Opponents, including ACLU California Action and Initiate Justice, said harsher mandatory minimums undermine individualized parole review and noted parole grant rates and recidivism data cited from CDCR. ACLU counsel argued the parole system already provides case-by-case review, referencing panels, psychologist risk reports and governor review. Initiate Justice urged investment in prevention and survivor-centered supports instead of longer incarceration.
Committee members debated the appropriate minimum. Some members—including members with prosecution experience—said 20 years was a defensible floor given the sadistic intent element of the torture statute; others and several civil-rights groups urged caution about blanket minimums and pointed to parole system safeguards. The committee accepted amendments and recommended passage as amended.
The committee vote recorded passage as amended to the Appropriations Committee. The author said she would continue to work with stakeholders as the bill moves forward.
