Menendez Brothers & Parole Process for Elderly Incarcerated

The Menendez brothers were found guilty of first-degree murder and sentenced to life in prison without parole, in 1996, for killing their parents in 1989.  Lyle was 28 and Erik was 25 at the time of the sentencing.  Lyle was born January 10, 1968 making him 57 years old.  Erik was born November 27, 1971 making him 53 years old now.

The process of reducing the in-state adult prison population began "On February 10, 2014, the Three-Judge Court ordered California Department of Corrections and Rehabilitation (CDCR) to reduce the in-state adult prison population to 137.5 percent of design capacity by February 28, 2016."

Then "Proposition 57, passed in November 2016, is the State’s durable remedy that enacts many Court- ordered reforms, expands credit-earning opportunities, and creates a parole consideration process for nonviolent incarcerated persons who have served the full term of their primary offense in state prison. Information about these regulations can be found at https://www.cdcr.ca.gov/proposition57/."

But it is the "Parole process for elderly incarcerated persons" which the brothers might have qualified to be released  in 2028 and 2032 respectively.  However, only 28% of those who are age qualified actually are released:

"Between February 11, 2014, and February 28, 2025, the Board has held 12,807 hearings for eligible incarcerated persons, resulting in 3,632 grants, 7,946 denials, and 1,229 stipulations to unsuitability. The Board scheduled 8,099 additional hearings that were waived, postponed, continued, or canceled."

1. Parole process for elderly incarcerated persons:
   Under Penal Code section 3055, incarcerated persons aged 50 and above who serve at least 20 years of continuous incarceration qualify for elderly parole consideration.
   Certain persons sentenced under strike-sentencing laws (Penal Code sections 667(b)-(i) or 1170.12) or convicted of first-degree murder of a peace officer are excluded from the statutory scheme but are eligible for elderly parole consideration as set forth in the February 10, 2014 order, which covers incarcerated persons aged 60 and above who serve at least 25 years of continuous incarceration. Previous status reports further detail these parole processes. (See, e.g., ECF No. 3769/7423 (Jan. 18, 2022).) 

Source:  Three-Judge Court Monthly Update

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