Priyanka Deo
CALIFORNIA- On Oct. 6, 1996, Michael Mendoza, along with three fellow gang members were out looking for revenge. They shot and killed 18 year old rival gang member Eleazar Diaz in front of his own home in Orange County.
The driver and front passenger, both 17 years old, received a life without parole sentence. One of boys in the front of the car shot and killed the victim. Mendoza and the other backseat passenger received a 15 year to life sentence. Mendoza was 15 and the other one was 16.
Mendoza stated, "When I first went into prison, men who were old enough to be my father and grandfather told me, 'Make yourself comfortable because you aren't going anywhere.'"
Mendoza benefited from a new law that came into effect on Jan. 1, 2014. The law gives defendants convicted of serious crimes as teenagers and sentenced to prison terms like Mendoza's a chance to a parole hearing. This parole hearing is different from what used to take place prior to this bill. The board now reviews a detailed history of activities as well as expert analysis into the behavior patterns of the inmate while incarcerated.
Previously, the board did not consider the age of the inmate at the date of incarceration.
Mendoza was one of the approximately 100 inmates who have already been released on parole under the new legislation known as Senate Bill 260 (SB 260).
Having only been in effect since the beginning of the year, SB 260 parole hearings are currently for inmates who were already in the parole process like Mendoza. The bill is designed to reward those who have shown growth, maturity and true remorse for their crime. This could be seen with Mendoza as he stayed out of trouble from day one of entering level four maximum security prison.
Over the years, Mendoza moved down from level four maximum security to level two security where there were more programs and activities available to inmates. Mendoza saw his peers trying to better themselves through art, education, and faith.
"I saw these programs and other men try to change themselves for the better and get out of prison," Mendoza said. "That led me on a road to tremendous self-evaluation and reformation. I would not die here."
Advocates for young offenders maintain that Senate Bill 260 is crucial to provide hope for defendants in California. Elizabeth Calvin, advocate for Human Rights Watch, stated, "[California] has one of the most extreme sentencing schemes in the United States."
Heidi Rummel, co-director of the Post-Conviction Justice Project, stated that California is one of the five states in the country where juveniles can still be sentenced as adults. This means that they can receive life sentences sometimes without parole.
SB 260 has not only released people on parole but also about 350 who are waiting on pending parole hearings according to Rummel.
Although there are a little over 200 inmates in the state of California who were juveniles tried as adults and given a life without parole sentence, there are thousands more who have unofficially received sentences which are unofficially equivalent to life without parole.
Rummel explained, a person can also receive a sentence of 75 years to life. This means that if a juvenile receives this sentence at age 15, their first parole hearing would be at 90 years old.
Under SB 260, parole hearings are provided for inmates who were juveniles at the time of the crime and given sentences similar to Mendozas. The parole hearing must happen by the 25th year of incarceration but can happen before. Unless the court specifies otherwise, parole eligibility normally occurs upon completion of one-third of the term. In Mendoza's case, the sentence was indeterminate. Such sentences can apply for parole after ten years.
The Post Conviction Justice Project, an organization dedicated to juvenile justice in California prisons, regularly visits prisons across California to make inmates aware of this bill.
SB 260's implementation is important to the criminal justice system for several reasons.
Prior to SB 260s passage, the only law that existed for juveniles tried as adults was Senate Bill 9 (SB 9) which allowed only those given life sentences as juveniles request for a parole hearing. This meant that prior to Jan. 1, 2014, Mendoza was not eligible to even request for parole.
Rummel stated that another reason the law was needed is that the cost of keeping juveniles in prison is expensive. According to her, "the figure averages about $60,000 for an inmate entering the California adult incarceration system. This cost increases as the inmate gets older due to health and wellness factors."
Rummel also cited research showing that certain areas of the brain including those associated with decision making and judgment do not completely develop until the early 20s.
"When I was initially arrested, I had no understanding of the law or of trial of court of representation or what I was up against. I didn't know what was going to happen," Mendoza stated. In fact, when he was initially taken into police custody, Mendoza thought he would be let out in a few days.
Calvin, who regularly works on many cases like Mendoza's, stated that the major issue with juvenile offenders is poor judgment and influence. "When we looked at these cases very closely, the very same factors cause young people to be involved in criminal activity: the inability to think for themselves, the inability to analyze risk and consequences, [and] influenced by others."
Juveniles can absolutely be rehabilitated according to Calvin.
"Mendoza is one of many examples of an individual who has matured into a positive member of society."
Mendoza currently helps Calvin with mentoring troubled juveniles. He also is pursuing a degree in business administration with an emphasis in industrial art. He stated, "I believe in the value of education and my walk in Christianity also helps me everyday."
Most opposition to the bill from citizens and officials revolves around whether these inmates are genuinely reformed. Reena Niles, an active member of the victims' rights group Families and Friends of Murder Victims, had a son who was murdered in the early 90s. Based on her experiences, she stated, "Some [inmates] can be rehabilitated and some cannot. It depends."
According to Rummel, less than one percent of those released on parole under SB 260 go back to criminal activity. "The low figure is mainly because of a relapse to drug use," she stated. Mendoza, who spent 18 years in prison, stated, "Unfortunately, not everyone conforms. If your faking, the board will see right through you."
Mendoza was released on parole after his hearing on Feb. 4, 2014.
"Under SB 260, the requirement of the board to see me as the 15-year-old that I was then when I committed that crime really gave me the opportunity to show that I was no longer that 15-year-old boy with that same criminal thinking mentality; that I had matured and grown into the man they saw before them that day."