Brief of Amici Curiae: Juvenile Sentencing Project and Campaign for the Fair Sentencing of Youth
John S. Allen
Bram T.B. Elias
SummaryOriginal

Summary

The Iowa Board of Parole must provide a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.

2018 | State Juristiction

Brief of Amici Curiae: Juvenile Sentencing Project and Campaign for the Fair Sentencing of Youth

Keywords meaningful opportunity; parole review procedures; mitigating circumstances of youth; rehabilitation; post-crime maturity; Miller factors; youth; parole
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Summary of Argument

Under the U.S. and Iowa Constitutions, the Iowa Board of Parole (“Board”) must provide juvenile offenders sentenced to life-long sentences with a meaningful opportunity for release based on demonstrated maturity and rehabilitation. To meet this standard, the Board must ground its release decision in an assessment of an individual’s rehabilitation and must have in place procedures to ensure that it has full and accurate information necessary to its decision.

In a series of recent decisions, the U.S. Supreme Court has placed Eighth Amendment limits on the sentences that may be imposed on children. Graham v. Florida held that children convicted of nonhomicide offenses cannot be sentenced to life without parole and must instead have a “realistic” and “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” 560 U.S. 48, 74-75, 82 (2010). Miller v. Alabama and Montgomery v. Louisiana establish that children must have this meaningful opportunity for release even in homicide cases—except in the rarest of cases where the sentencer determines, after giving mitigating effect to the characteristics and circumstances of youth, that a child “exhibits such irretrievable depravity that rehabilitation is impossible.” Montgomery, 136 S. Ct. 718, 733 (2016); Miller, 567 U.S. 460, 472-73 (2012). Following Montgomery, this Court held that life-without-parole sentences are unconstitutional for all children under the Iowa Constitution. See State v. Sweet, 879 N.W.2d 811 (Iowa 2016).

Significantly, a sentence may violate the Eighth Amendment and Iowa Constitution even if it technically provides for parole or some other form of early release. Courts have determined that a life-with-parole or similar sentence may run afoul of the Eighth Amendment if the sentence does not provide a chance for release at a meaningful point in time in an individual’s life. See, e.g., People v. Contreras, 411 P.3d 445, 454 (Cal. 2018) (holding that Graham requires more than a de minimis quantum of time outside prison but rather an opportunity to participate as a productive member of society). In addition, even if release is available at a meaningful time, a sentence will not meet constitutional requirements if the criteria and procedures used by the parole board fail to provide a realistic and meaningful opportunity for release based on demonstrated maturity and rehabilitation. See, e.g., Brown v. Precythe, No. 2:17-cv-04082-NKL, 2017 WL 4980872, at *9-*10 (W.D. Mo. Oct. 31, 2017) (denying motion to dismiss challenge to Missouri’s parole system, citing, inter alia, allegations that parole is often denied based on the seriousness of the offense and that hearings focus on the crime rather than maturity and rehabilitation or youth).

Indeed, courts and legislatures across the country now recognize that youth matters to parole—that juvenile offenders are entitled to special consideration and procedural protections to guarantee their constitutional right to a meaningful opportunity for release. To comply with the U.S and Iowa Constitutions, in line with these evolving national standards, the Board must base its release decision on an assessment of a juvenile offender’s maturity and rehabilitation since the time of the crime. Youth must be accounted for—both to set a baseline for measuring post-crime growth and change, and to provide context for behavior before, during, and after the crime. The Board may not deny release based on the severity of the offense or victim impact, as such a decision would be inconsistent with the constitutional mandate to base the release decision on maturity and rehabilitation. Moreover, to provide a meaningful opportunity for release, the Board’s procedures must ensure that it has comprehensive and accurate information so that it can fully and fairly assess a juvenile offender’s maturity and rehabilitation.

Summary of Argument

The U.S. and Iowa Constitutions mandate that the Iowa Board of Parole (Board) afford juvenile offenders serving life sentences a meaningful opportunity for release contingent upon demonstrated maturity and rehabilitation. This standard necessitates that the Board's release decisions be anchored in a thorough evaluation of individual rehabilitation and that it implements procedures guaranteeing access to comprehensive and accurate information essential for informed decision-making.

A series of landmark judgments by the U.S. Supreme Court has established Eighth Amendment limitations on sentencing juveniles. In Graham v. Florida, the Court held that life sentences without parole for juveniles convicted of non-homicide offenses are unconstitutional. Instead, such individuals must be afforded a "realistic" and "meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation." This principle was extended to encompass homicide cases in Miller v. Alabama and Montgomery v. Louisiana. These rulings established that barring exceptional circumstances where "irretrievable depravity" precludes rehabilitation, juveniles convicted of homicide must also have a meaningful opportunity for release. The Iowa Supreme Court, in the wake of Montgomery, deemed life-without-parole sentences unconstitutional for all juveniles under the Iowa Constitution (State v. Sweet).

It is crucial to note that even sentences technically allowing for parole or early release may violate the Eighth Amendment and Iowa Constitution if they fail to provide a meaningful chance of release at a reasonable point in an individual's life. For instance, in People v. Contreras, a life-with-parole sentence was deemed insufficient for failing to provide a genuine opportunity for the individual to reintegrate as a productive member of society. Furthermore, even with timely release provisions, a sentence can be deemed unconstitutional if the parole board's criteria and procedures do not prioritize demonstrated maturity and rehabilitation. This was exemplified in Brown v. Precythe, where a Missouri parole system was challenged for allegedly prioritizing offense severity over rehabilitation in its decision-making process.

This evolving legal landscape underscores a growing national consensus that juvenile offenders are entitled to special consideration during parole proceedings. To ensure compliance with both the U.S. and Iowa Constitutions, the Iowa Board of Parole must prioritize an assessment of a juvenile offender's post-offense maturity and rehabilitation when rendering release decisions. This necessitates considering the individual's youth at the time of the offense as a baseline for evaluating subsequent growth and change, as well as contextualizing their behavior before, during, and after the crime. Denying release based solely on offense severity or victim impact contravenes the constitutionally mandated focus on maturity and rehabilitation. Moreover, to ensure a meaningful opportunity for release, the Board must implement procedures that guarantee access to comprehensive and accurate information, enabling a holistic and impartial assessment of each juvenile offender's rehabilitation progress.

Summary of Argument

The U.S. and Iowa Constitutions require the Iowa Board of Parole (“Board”) to offer juvenile offenders sentenced to life terms a genuine chance for release based on proven personal growth and rehabilitation. This obligation means the Board's decisions must be rooted in an individual's rehabilitation journey and supported by procedures ensuring access to comprehensive and accurate information about the individual.

Several U.S. Supreme Court decisions have established Eighth Amendment limitations on sentencing juveniles. Graham v. Florida ruled that sentencing juveniles convicted of non-homicide crimes to life without parole is unconstitutional; instead, they must have a "realistic" and "meaningful opportunity" for release based on demonstrated maturity and rehabilitation. Miller v. Alabama and Montgomery v. Louisiana extended this protection to most juvenile homicide cases, stating that they too must have a meaningful opportunity for release. The exception is in the rarest circumstances where, even after considering the mitigating factors of youth, it is determined that a juvenile is incapable of rehabilitation. Following Montgomery, the Iowa Supreme Court determined that life sentences without parole are unconstitutional for all juveniles in Iowa.

Importantly, even sentences that technically allow for parole or early release may violate the Eighth Amendment and the Iowa Constitution. Courts have recognized that a life-*with-*parole sentence may be unconstitutional if it doesn't offer a realistic chance for release at a point when the individual can still live a meaningful life. Additionally, even if release is possible at a reasonable time, a sentence might still be deemed unconstitutional if the parole board's criteria and procedures don't realistically consider the juvenile's demonstrated maturity and rehabilitation.

This understanding – that youth is a critical factor in parole decisions – is gaining traction nationwide. Courts and legislatures are recognizing that juvenile offenders deserve special consideration and procedural safeguards to ensure their constitutional right to a meaningful opportunity for release. In keeping with the U.S. and Iowa Constitutions and these evolving national standards, the Board must base its release decisions on an assessment of a juvenile offender's maturity and rehabilitation progress since the crime. Considering the juvenile's youth is crucial – both to establish a baseline for measuring their post-offense growth and to understand their behavior before, during, and after the crime. The Board cannot deny release solely based on the crime's severity or victim impact, as this contradicts the constitutional requirement of prioritizing maturity and rehabilitation in release decisions. Furthermore, to truly offer a meaningful opportunity for release, the Board needs procedures ensuring access to comprehensive and accurate information. This is essential for a complete and fair evaluation of a juvenile offender's maturity and rehabilitation.

Summary of Argument

The U.S. Constitution and the Iowa Constitution say the Iowa Board of Parole has to give people sentenced to life in prison as kids a real chance to get out. They have to look at whether the person has grown and changed. To make sure they are doing the right thing, the Board has to have a way to get all the information they need about someone's rehabilitation.

The U.S. Supreme Court has said in several cases that you can’t be too harsh on kids when sentencing them. For example, Graham v. Florida said that kids who didn't kill anyone can't be sentenced to life without parole. They have to have a chance to show they have changed and are ready to return to society. Later, Miller v. Alabama and Montgomery v. Louisiana said that even kids who committed murder deserve a meaningful chance at release. The only exception is for the very rare cases where it's clear a young person is beyond rehabilitation. Here in Iowa, the Court relied on Montgomery to say that life without parole is unconstitutional for all kids.

Importantly, even a life sentence that technically allows for parole might be unconstitutional if it doesn't provide a real chance for release at a point that matters in someone's life. For instance, courts have struck down sentences where someone might be very old by the time they can first get a parole hearing! Plus, even if a hearing is possible at a reasonable time, the parole board's rules must give kids a fair shot based on who they have become. For example, parole can't be denied just because the crime was serious. It has to be based on the person's rehabilitation.

All over the country, courts and lawmakers are realizing that young people who commit crimes are different and deserve special consideration. The Iowa Board of Parole needs to do the same. They have to look at how a young person has matured and rehabilitated themselves since committing the crime, and they need procedures in place to make sure they have all the right information to make a fair decision.

Summary of Argument

The laws in America and Iowa say that kids who are given really long sentences, like life in prison, deserve a fair chance to get out someday. But to make that happen the Parole Board has to follow some rules.

A few years ago, the highest court in the U.S. said it's wrong to keep kids in prison forever without a chance to show they've changed. In one case, they said kids who didn't hurt anyone badly should always have a real shot at getting out if they show they've grown up and learned from their mistakes. In other cases, they said even kids who did something very serious should still get that chance, unless they are truly impossible to change. Because of these decisions, Iowa decided that no kid should ever be kept in prison forever!

Here's the thing: just saying someone can get out of prison someday isn't enough. The courts have said that kids need a real chance to get out while they're still young enough to live a good life. Plus, the Parole Board can't just say no to everyone! They have to look at whether a person has really changed and become a better person since they were a kid.

Lots of people agree that kids who commit crimes deserve a second look. They say the Parole Board needs to think about how young someone was when they went to prison and how they've changed since then. It's not fair to keep someone locked up just because of what they did a long time ago, especially when they were young. The Parole Board has to listen to the whole story and give kids a real chance to show they deserve a second chance.

Footnotes and Citation

Cite

Final Brief of Amici Curiae Juvenile Sentencing Project and Campaign for the Fair Sentencing of Youth in Support of Petitioner-Appellant, Bonilla v. Iowa Board of Parole, No. 18-0477 (Iowa Sup. Ct.).

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