Parole Hearing Process in California

The Parole Hearing Process in California: A Crucial Step Towards Reintegration

Parole is a form of conditional release from prison that allows an incarcerated person to serve the remainder of their sentence in the community under supervision.

Eligibility for parole in California is typically determined by the type of sentence you received. If you were sentenced to life with the possibility of parole, for example, you will have a minimum eligible parole date set by the court.

The parole hearing process is a crucial step, meticulously designed to determine whether you are suitable for release and no longer pose an unreasonable risk to society.

A parole hearing is a proceeding where the esteemed California Board of Parole Hearings (BPH) determines whether an inmate sentenced to an indeterminate term is suitable for parole.

Indeterminate terms are sentences that carry a possible life sentence, such as "life with the possibility of parole" and "20 years to life."

Improving Chances of Approval

Inmates can have an attorney represent them at their lifer hearing. A prosecutor is usually present to argue against the inmate being paroled, and any victims of the inmate's crimes are entitled to be present and heard.

The parole hearing process in California is a significant journey, involving a series of steps and sometimes months of waiting, which can be quite unnerving.

Your chances of approval may be increased with the help of a skilled California criminal defense attorney. In the meantime, knowledge is power; let's take a closer look at the process, so if you are up for possible parole, you know what to expect.

Parole Eligibility

California inmates serving an indeterminate sentence receive a tentative date for a parole suitability hearing one year prior to their earliest eligible parole date. Typically, inmates serving an indeterminate sentence become eligible for parole under the following circumstances:

They have served any determinate part of their sentence, which is the lower end of the sentence.
They have served seven years in California state prison if their sentence is indeterminate, such as life with the possibility of parole.

Notably, there are different eligibility rules for older, younger, and nonviolent third-strike inmates serving indeterminate sentences.

Elderly parole for older state prison inmates may get a parole hearing under the following circumstances:

They reach age 50 and have served at least 20 years in prison, or
They reach age 60 and have served at least 25 years in prison.

Youthful parole inmates sentenced for California crimes committed before they turned 26 are eligible for a parole hearing under the following circumstances:

They have served at least 20 years if they are serving an indeterminate term of less than 25 years to life, or
They have served 25 years if they are serving an indeterminate term of greater than 25 years to life.

Notably, youthful inmates do not get the same type of parole hearing. For example, there is a modified process where the parole board gives greater weight to the inmate's young age at the time of the crime.

Inmates sentenced for a nonviolent third-strike crime get a parole hearing once they complete the maximum sentencing term of that nonviolent third-strike offense.

Overview of the Parole Hearing Process

The process often begins years before your first hearing with a consultation from a Board of Parole Hearings commissioner or deputy commissioner. They explain the process and provide recommendations for work, programs, and behavior.

When your hearing is scheduled, it is conducted by a panel consisting of Board commissioners and a deputy commissioner. You have the right to legal counsel at your hearing.

The District Attorney from the county where the crime was committed may also be present. Additionally, victims of the crime and their families have the right to attend and make a statement.

During the hearing, the panel considers all relevant and reliable information to determine your suitability for parole. This includes your:

Criminal history, including juvenile records
The nature of the commitment offense
Social history and behavior before incarceration
Behavior and participation in rehabilitative programs while incarcerated
Signs of remorse and insight into the causes of the crime
Plans for the future upon release

The panel also considers psychological factors, aided by a comprehensive risk assessment prepared by a forensic psychologist.

As noted, for certain individuals, such as youth offenders or those eligible for elderly parole, the panel must give special or great weight to factors like age, diminished culpability, and subsequent growth.

Preparing for the Parole Hearing

California state prison inmates should start preparing for their parole hearing as soon as they are incarcerated. They should be completing relevant jail programs and counseling, serving as a model inmate, documenting their progress for their attorney, and utilizing coping tools to avoid relapse.

Inmates should consider writing an unsent letter to the victim expressing their remorse in order to show their empathy and acceptance of responsibility.

Notably, about six months before the parole hearing, a Forensic Assessment Division, including a psychologist, conducts a Comprehensive Risk Assessment (CRA) to calculate if the inmate has a low, moderate, or high risk of committing violent offenses in the future.

Inmates can choose not to participate in this psychological evaluation, although that limits the information the BPH can consider when deciding suitability.

Long before an inmate's minimum eligible parole date, the board members consult with the inmate for the following reasons:

Review and document activities related to parole eligibility
Provide information on the parole hearing process
Discuss suitability and unsuitability factors, and recommendations for work, programs, and institutional behavior
Highlight that this meeting is an opportunity for inmates to address their future conduct to enhance their chances of parole.

No later than 60 days prior to the parole hearing, the BPH gives the inmate a Master Packet containing all the data it will consider when calculating whether the inmate is suitable for parole.

What Happens if Parole is Granted?

If the hearing panel finds you suitable for parole, their decision is considered a proposal until it is finalized and confirmed. It then undergoes a thorough review by the Board's chief counsel, ensuring the utmost fairness in the process.

What Happens if Parole is Denied?

Suppose the panel finds you are not suitable for parole. In that case, they must provide a clear reason for their decision, supported by facts indicating that you continue to pose an unreasonable risk to public safety.

Following a denial, your next parole hearing will be scheduled for a future date, typically in 3, 5, 7, 10, or 15 years, as required by law.

You may have the option to petition the Board to advance your next hearing date if there has been a significant change in circumstances or new information that suggests you no longer pose a risk to public safety. Your attorney can also ask the Board to review the case for factual errors that, if corrected, would likely lead to a different outcome.

Governor's Review of Parole Decisions

The Governor of California has the authority to review parole grants. The Governor has 30 days to review a case after receiving it from the Board.

For individuals convicted of murder, the Governor can affirm, reverse, or modify the Board's decision to grant parole. For all other life sentences with the possibility of parole, the Governor's authority is limited.

In these cases, the Governor may refer the decision back to the full Board of Commissioners for reconsideration.

The Governor must base this review on all relevant, reliable information available. The central question remains whether the evidence shows that the person currently poses an unreasonable risk to public safety.

Final Release From Prison

If a parole grant is finalized—meaning the Board's legal review has upheld it and is not reversed or modified by the Governor —the California Department of Corrections and Rehabilitation (CDCR) will process your release.

This process includes confirming your parole plans, notifying any jurisdictions that have a detainer for you, and informing any registered victims of your pending release.

Parole is by no means an instant process; you will need patience to navigate it. However, the entire process, from hearing to final release, typically takes approximately five months.

Once all procedures are complete, you will be released from prison to begin your term of parole supervision.

According to Penal Code Section 3056 PC, the state can impose a "parole hold" on a person and detain them until a formal parole revocation hearing is held.

For more information, contact our criminal defense lawyers, Eisner Gorin LLP, located in Los Angeles, CA.

Parole Hearing