Parole

Parole is the supervised release of a convicted person from prison before their full sentence is served. It is a conditional release granted by a parole board. Parole aims at enabling an individual to reintegrate into society under specified conditions and supervision rather than enduring continuous incarceration until the sentence's completion.

Upon reaching parole eligibility, an individual has already served a portion of their prison sentence. The parole board's decision hinges on multiple factors. Should parole be granted, the individual gains freedom from confinement, though they must comply with specific conditions. Failure to uphold these parole conditions could result in the individual being returned to prison to complete the remaining sentence.

Parole's primary objective lies in providing rehabilitation opportunities and mitigating prison overcrowding. Nevertheless, it remains a contentious subject, as some contend that it may contribute to instances of recidivism and might not consistently achieve its intended objectives. These concerns also feature in board hearings. However, with the help of the Bakersfield team at California Criminal Lawyer Group, we will represent your interests and argue why you should be released on parole.

Understanding Parole

Parole release does not apply to all crimes in California, as eligibility for parole varies depending on the crime's nature and the specific sentencing laws in place. California, similar to other jurisdictions, classifies crimes into different categories, each with varying levels of severity. Parole consideration hinges on these crucial factors.

Certain offenses in California are categorized as nonviolent or non-serious. This offers individuals convicted of these crimes the opportunity for parole consideration after serving a specific portion of their sentence. The objective behind granting parole in these cases is to aid these individuals' reintegration into society and address prison overcrowding concerns.

On the other hand, violent or serious crimes do not permit parole eligibility. Alternatively, they could require more stringent conditions for parole consideration. In specific instances, some crimes receive indeterminate sentences. These sentences, put simply, are where the individual is given a range of years, for example, 15 years to life, and becomes eligible for parole review only after serving the minimum term.

Moreover, certain crimes have distinct sentencing provisions that limit or eliminate parole eligibility. For example, some offenses mandate "life without parole" sentences, precluding any possibility of parole release.

Parole Board

California’s parole board oversees multiple aspects concerning parole and offender evaluations within the California Department of Corrections and Rehabilitation. Their duties include the conduct of parole suitability hearings and reviews, not only for nonviolent offenders but also for medical parole and offenders with mental health disorders. Additionally, their scope extends to reviewing cases involving sexually violent predators.

Aside from their parole-related responsibilities, the Board has been charged with investigating requests for reprieves, pardons, and commutations of sentences. Moreover, they are actively engaged in the intricate process of processing foreign prisoner transfer requests. This involves dealing with cases where foreign prisoners desire repatriation to their home countries to serve their sentences.

The Board operates with 21 commissioners appointed by the Governor and subject to confirmation by the Senate. Working in tandem with the commissioners are:

• Deputy commissioners.
• Psychologists.
• Forensic clinical psychologists.
• Legal Staff.
• Investigators, and
• Administrative staff.

The board's commissioners regularly gather for the executive board meeting, which has an open-door policy for the public. During these gatherings, they address crucial matters and arrive at informed decisions, key among them being:

• Offender evaluations, and
• Parole suitability.

The board shoulders comprehensive responsibilities that embrace aspects of public safety and individual rehabilitation pursuits. The overarching goal is to balance these crucial considerations when rendering parole-related decisions for adult inmates within the legal provisions of the correctional system.

Factors Affecting Parole Eligibility

Parole eligibility hinges predominantly on two key factors:

• The type of sentence imposed on the inmate, and
• The implementation of good time credit in connection with that sentence.

Let us look at each of them in detail.

1. The Type of Sentence Imposed

The determination of parole eligibility rests heavily on the type of sentence imposed on the inmate. This critical aspect covers various rules and prerequisites specific to each sentence category. There are two types of sentences:

• Determinate, and
• Indeterminate.

Determinate Sentences

Determinate sentences are fixed-duration judgments wherein the convicted individual is assigned a specific time for imprisonment. The exact duration is explicitly specified at the time of sentencing, leaving no room for discretionary release before the sentence is completed in full.

For example, if a person is sentenced to four years in prison, they are bound to serve the entire four-year sentence unless they qualify for early release due to factors like good behavior credits. Parole eligibility is generally not a consideration in determinate sentences, as the individual must fulfill the entire sentence without the possibility of parole or early release. However, there is an exception: any earned time credits for displaying good behavior or participation in rehabilitation programs could make you a candidate for release on parole or early release.

Determinate sentences are frequently linked to offenses of lesser severity or those lacking violence. They provide a more straightforward and predictable approach to sentencing within the criminal justice system. This approach clarifies the time an individual will be incarcerated, thus facilitating plans for reintegrating into society upon eventual release.

Indeterminate Sentences

Indeterminate sentences present a unique form of judgment. They involve a range of years rather than a rigidly fixed duration. For example, an individual could receive a sentence of "10 years to life" or "15 to 25 years."

In some cases, judges issue life sentences with the possibility of parole. These sentences also do not specify a fixed duration within the sentence.

When a defendant is handed a "life with the possibility of parole" sentence, they are condemned to life imprisonment. However, they could be eligible for parole after serving a designated minimum period. This minimum eligible parole date is typically set at approximately seven years into the sentence.

Unlike determinate sentences, where the release date is unequivocally defined at the time of sentencing, indeterminate sentences adopt a different approach. Here, the release date remains uncertain, awaiting evaluation and determination by a parole board or a comparable authority. This evaluation is based on the inmate's behavior, progress, and rehabilitation efforts throughout their sentence.

In certain circumstances, those serving indeterminate sentences become eligible for parole consideration after completing the minimum term specified in their sentence. However, it is crucial to understand that parole is not an automatic assurance. Rather, the parole board meticulously examines various factors, including:

• The individual's likelihood of reoffending.
• Their conduct while in prison, and
• Their plans for reintegrating into society.

Only after this comprehensive assessment does the parole board arrive at a parole decision.

Additionally, the board is responsible for ensuring public safety and safeguarding the community's welfare before granting parole.

2. Good Time Credit

The "good time credit" system in California is crucial in offering incarcerated individuals an avenue to accrue credits that reduce their prison sentence. These credits are earned through positive conduct and active participation in rehabilitative programs while in confinement, leading to a tangible reduction in the overall time served.

The good time credit system provides inmates with diverse opportunities to earn credits. Engaging in:

• Educational and vocational programs.
• Maintaining good behavior.
• Fulfilling assigned job duties, and
• Participating in self-help and rehabilitative activities are all pathways to accumulating these credits.

The number of credits earned is contingent upon the specific program or activity and the policies implemented within the correctional facility.

However, it is vital to recognize that changes in California's parole laws have impacted the implementation of these credits over time. At one point, inmates were deemed parole-eligible after serving just half their determinate sentences. Subsequently, the law was modified, stipulating that inmates must serve two-thirds of their determinate sentences before being considered for parole.

Due to ongoing budget constraints and prison overcrowding, the state has reverted to the "day for day" credit system. This system permits parole eligibility after completing only half of the imposed sentence.

For certain inmates convicted of violent felonies, a more stringent rule applies. It mandates that they serve 85% of their sentences before becoming eligible for parole. These violent felonies include offenses such as:

• Robbery, a violation of Penal Code 211.
• Rape, a crime under Penal Code 261.
• Arson, a violation of Penal Code 451.
• First-degree burglary, an offense under Penal Code 460, and
• Lewd acts on a minor under 14, also known as child molestation, a crime under Penal Code 288.

Two categories of inmates do not qualify for the good-credit system. These are:

• Individuals convicted of murder under Penal Code 187.
• Individuals with a prior history of two or more felony convictions that resulted in imprisonment.

For inmates falling into these categories, they must complete their entire determinate sentences before parole consideration is even possible.

Despite the good time credit system, granting parole remains subject to the state's conviction regarding the inmate's genuine preparedness to reintegrate into society. These established standards set the earliest stage at which the parole board will contemplate the potential for release. Therefore, if you pose a risk to public safety, the parole board could fail to release you on parole despite earning good-time credit.

When Parole is Granted

After granting parole, the entire parole board conducts a comprehensive review. After this assessment, should no further action be taken, the inmate's parole is officially sanctioned after a waiting period of 120 days from the initial hearing. However, this is not the final stage of this process.

When an offender commits murder as outlined under Penal Code 187, the matter is referred to the governor. The governor can reverse the parole board's decision to grant parole, particularly when the offense is aligned with PC 187. Furthermore, the governor can override the parole board's denial of parole if the inmate chooses to appeal the decision.

Shortly before their release from prison, parolees are typically assigned to a parole agent who will play a pivotal role in their reintegration into society. The parole agent is tasked with supervising and supporting the parolee during their transition from incarceration to community living, establishing the essential framework for parole supervision and adherence to parole conditions.

Parole agents engage in pre-release planning and assessments as the starting point of the reentry process. They could meet with the parolee while they are still incarcerated to:

• Discuss parole conditions.
• Identify potential support services, and
• Address specific needs or challenges the parolee could encounter upon release.

This early interaction facilitates the collection of crucial information, enabling the parole agent to craft a comprehensive plan to facilitate the parolee's successful reintegration.

Upon the parolee's release from prison, the parole agent assumes an active and hands-on supervisory role. Through in-person meetings, the parole agent establishes a structured schedule for regular check-ins and discussions. These interactions allow the parole agent to assess the parolee's progress, provide guidance, offer referrals to pertinent services, and ascertain compliance with the stipulated parole conditions.

The Victim’s Role in Parole Hearings

In 2008, Marsy's Law, also known as the Victim's Bill of Rights, ushered in substantial changes to the role of victims in parole hearings. It introduced measures that directly impacted parole considerations for certain convicted murderers. Marsy's Law has been adopted in several other states since its inception in California, signifying its broader influence on victim-related rights and protections.

Regarding parole matters, Marsy's Law implemented significant modifications that particularly affect individuals convicted of murder and their potential eligibility for parole hearings. Notably:

• Marsy's Law effectively eliminated parole hearings for certain convicted murderers who are deemed ineligible for parole consideration. Consequently, certain murderers no longer have the chance to seek parole based on the gravity of their offense or other pertinent circumstances.
• For individuals convicted of murder who remain eligible for parole hearings, Marsy's Law introduced protracted timeframes between these hearings. This policy restricts parole hearings to a maximum of once every three years.
• Furthermore, the law extended the waiting period for follow-up parole hearings. In some instances, those convicted of murder could wait up to 15 years after their initial parole hearing before another review is granted.

In parole hearings, victims and their designated representatives are allowed to attend and present testimonies that convey their sentiments concerning the potential parole of the inmate who inflicted harm upon them.

Should the victim be deceased, the responsibility of representing the victim's interests during the parole hearing falls to immediate family members. It allows them to provide a distinct perspective on the potential release of the offender.

Throughout the parole hearing, the parole board steadfastly adheres to the critical principle of actively listening to the uninterrupted testimony conveyed by the victim, the victim's family, or their appointed representative. Crucially, neither the inmate nor their attorney possesses the authority to subject the victim or their representative to questioning during this significant event.

The parole board's deliberative process emphasizes prioritizing the safety and well-being of the victim and their family when deciding on the potential granting of parole. The victim's testimonies and inputs carry substantive weight in shaping the parole board's decision-making approach. However, the precise extent of their influence on the ultimate decision remains a subject of debate.

It is worth noting that, for many victims, consenting to the parole of the individual who once inflicted physical or psychological harm upon them could evoke hesitancy. This remains the case irrespective of the inmate's display of exemplary behavior while incarcerated, genuine remorse, and proactive engagement in rehabilitation efforts.

The Elderly Parole Program

On October 11, 2017, Assembly Bill No. 1448, widely known as the Elderly Parole Program, came into effect. It ushered in substantial changes to the parole evaluation process for incarcerated individuals aged 60 years or older. Individuals who qualify must have served at least 25 consecutive years of imprisonment, whether their sentence is determinate or indeterminate.

Under this fresh legislation, the Board of Parole Hearings is tasked with scrutinizing the parole suitability of eligible elderly inmates, with particular emphasis on unique factors. They must carefully assess whether the advanced age, prolonged incarceration, and any potential physical decline of the elderly inmate have reduced the risk of future violent behavior.

Moreover, the Board of Parole Hearings must consider the inmate's eligibility for the Elderly Parole Program when scheduling the next hearing to determine parole suitability. Should an elderly inmate be deemed suitable for parole under this program, the board will grant the individual parole.

Notwithstanding, specific exclusions exist for eligibility for the Elderly Parole Program. The program does not extend to individuals sentenced by specific legislation, for example, the Three Strikes Law. Likewise, those sentenced to life imprisonment without the possibility of parole or death, as well as individuals convicted of first-degree murder of a peace officer or former peace officer killed while performing their official duties or in retaliation for the same, are not eligible for the program's consideration.

Crucially, it is essential to underscore that this new law does not infringe upon victims' rights during parole hearings. Victims' rights to participate in the parole process and offer valuable insights remain unaltered. This ensures that their perspectives are carefully considered during the decision-making process.

Prisoner’s Rights During the Parole Process

Penal Code 3041.5 outlines the parolee’s rights. They are:

• The right to access the relevant file at least ten days before the hearing — This allows the inmate to review its contents and provide a comprehensive written response.
• The right to be personally present at the hearing and actively participate by asking and answering questions — Additionally, inmates have the right to advocate for themselves during the proceedings.
• The right to have a representative designated by the Department of Corrections and Rehabilitation present at the hearing — This right ensures all pertinent facts are presented, including any conflicting assertions.
• The right to request and receive a meticulously recorded stenographic account of all the proceedings.
• The right to retain certain rights even in hearings aiming to rescind or defer.
• The right to have the board set a suitable date for the subsequent parole reconsideration hearing — The board also considers the victim's perspectives and interests.

The board will furnish the inmate with a written statement if parole is granted. The statement outlines:

• The rationale behind the decision.
• The specific conditions for release, and
• The potential repercussions of non-compliance.

Conversely, if parole is denied, an elaborate written statement expounding on the reasons for the denial will be provided to the inmate. The statement is issued alongside suggestions for engaging in beneficial activities while incarcerated.

Each parole hearing is conducted as a de novo hearing. This means that prior findings and conclusions, while considered, are not binding on subsequent hearings. In this context, the board is authorized to consider recorded or memorialized testimonies of victims or witnesses upon request or in instances where the victim or witness cannot appear or has passed away.

Inmates retain the prerogative to submit a written request to the board to push a subsequent hearing date. The inmate must furnish the board with a written request, accompanied by adequate notice, and provide the victim with a copy of the request. However, the board has exclusive jurisdiction to make decisions on such requests. It will consider the perspectives and interests of the victim.

Note: A court can only scrutinize the board's decision if there are grounds for abuse by the board of its discretion.

Inmates are restricted to presenting one written request within three years of the previous request or a decision by the board.

Contact a Criminal Defense Attorney Near Me

It is in your best interest to secure the services of a criminal defense attorney. An attorney will guide you throughout the parole process. Your attorney will help you understand the procedures by ensuring you are well informed and prepared for your upcoming hearing.

The California Criminal Lawyer Group advocates for your rights before the Board of Parole Hearings (BPH). Our expertise helps us present your case in the most favorable light. This bolsters your chances of a successful outcome. Our Bakersfield team will compile compelling evidence supporting your release, including testimonials from family and friends, document your employment history, and record your active participation in rehabilitation programs.

Contact us today at 661-750-8230 for more information.