Parole is complex, but it offers hope upon release after serving time. This supervised release allows for reintegration, but strict conditions mean that any misstep would risk reincarceration. Understanding your rights and responsibilities to complete parole successfully and build a stable future is important. This transition presents legal challenges that need professional help. A lawyer is beneficial to secure the best possible outcome in your parole proceedings. Rely on the Monterey Criminal Attorney today for dedicated support and skilled representation.

Parole Supervision In California: Determinate vs. Indeterminate Sentences

The type of sentence rendered directly impacts life after prison.

People with a determinate sentence (fixed time) are often released according to earned credits for good behavior and program participation. It usually results in a supervision period instead of a normal suitability hearing. Due to California’s Public Safety Realignment (AB 109), many lower-level offenders with determinate sentences are placed on mandatory supervision, which is controlled at the county level by probation, not state parole.

Non-Revocable Parole (NRP) is another category for less serious offenses involving minimal or no supervision after release. Post-release supervision for determinate sentences of this type is mostly earned via sentence credits and does not generally involve a discretionary hearing before a state board.

In contrast, people serving indeterminate sentences (lifers) with a range of sentences, for example, 15 years to life, follow a different process. Just because they earned credits does not mean they will be released automatically. The Board of Parole Hearings (BPH) will review and approve their release.

Eligibility for Parole Hearings

This critical distinction reveals that the path to freedom for those with indeterminate sentences revolves around a Board of Parole Hearings (BPH) review. Lifers' parole eligibility is determined by calculating their Minimum Eligible Parole Date (MEPD). The MEPD is the earliest date at which the BPH could find an inmate with an indeterminate sentence suitable for parole. This date is calculated using a complex formula that is based on:

  • The inmate’s specific sentence
  • Any enhancements they may receive and credits earned while in prison

Accumulating credits could help an MEPD advance, but eligibility only means an inmate is entitled to a hearing. Parole is not guaranteed.

The BPH reviews several factors that impact parole eligibility beyond the MEPD. The list includes:

  • The commitment offense
  • Criminal history
  • Behavior in custody
  • Participation in self-help and rehabilitation programs
  • Psychological evaluations and
  • Future parole plans

The criteria for youth offender parole hearings and elderly inmates have specific provisions.

Preparing for the Board of Parole Hearing (BPH)

Preparing for your California Board of Parole Hearing (BPH) is crucial to show your rehabilitation and readiness to reintegrate. This stage demands a proactive and realistic approach and a demonstration of change in the person through a plan for reintegration. Success depends on the inmate’s willingness to grow, to document matters carefully, to develop a strong support network, and to understand the evaluation process.

The inmate's role is paramount and is central to the preparation. They are expected to do the following:

  • They are expected to be actively involved in self-help programs that address the causes of their offending behavior
  • They should also be undergoing educational and vocational training for enhanced employability in the future
  • They must also engage in deep and genuine introspection
  • Inmates should express true remorse and demonstrate that they have changed their values and thinking

This period focuses on achieving a strong record and ensuring the development of the institutions. It is essential to compile complete documentation. This entails:

  • Gathering positive chronos — These are notes documenting positive behavior in the inmate’s file
  • Completion certificates for completed programs, and
  • A coherent parole plan

A parole plan is central to the BPH presentation and can be very important for the board’s assessment of the inmate’s release. The plan must contain concrete and realistic arrangements for housing, verifiable employment prospects, and a strong support system. The documentation also includes the psychological assessment that a BPH psychologist performs in most cases.

It is also imperative to have a strong support network. Letters from a family member, friend, community member, or potential employer can prove that the inmate will have a positive and stable environment upon release. These letters detail the positive changes the inmate has made, their remorse, and the help available.

It is critical to understand the risk assessment tools used by the BPH. Forensic psychologists use tools like the STATIC-99 and LS/CMI to measure a person’s risk of reoffending. These assessments are only one piece of the puzzle. Understanding what they do and being prepared to discuss the mitigating factors is key. A thorough examination of psychological factors, also known as a comprehensive risk assessment (CRA), pulls together several risk factors to provide the BPH with an overall evaluation of this inmate’s current risk.

Inside the California Board of Parole Hearings

The California Board of Parole Hearings is a formal administrative proceeding where commissioners evaluate an incarcerated individual’s suitability for parole.

Usually, the hearing happens inside the correctional facility. According to practice, most hearings will be attended by:

  • Two BPH commissioners
  • The inmate
  • The inmate’s attorney
  • A representative from the District Attorney’s office of the committing county and
  • The victim(s) or family members of the victim(s)

During the hearing, the victim or their family member, if this person is no longer alive, has the right to make an impact statement.

The hearing starts with all parties introducing themselves. The commissioners will then indicate that they reviewed the inmate's central file, which has significant documentation. Most of the hearing involves questioning by the commissioners.

The commissioners ask questions about everything to determine how the inmate has grown, what they understand, and their plans. Standard components of an interview include:

  • Questioning the inmate about their commitment offense
  • The circumstances that led them to commit the crime, and
  • Their understanding of their insight and remorse

The district attorney’s representative could ask questions about public safety issues.

At the end of questioning, the prisoner will be invited to make a personal statement to the commissioners. This is a significant time for inmates to talk about how sorry they are. They can also talk about how they rehabilitated during their time in prison and how they plan on succeeding outside after leaving prison.

If present, they can provide an impact statement for the board post-inmate testimony. The defense attorney and the DA's representative give their closing remarks at the end of the hearing. The commissioners will then deliberate on the case before deciding whether or not to grant parole.

Key Factors Influencing the BPH Decision

The California Board of Parole Hearings (BPH) is responsible for determining, through evidence presented at a parole hearing, whether a person has been rehabilitated to the extent that they do not present an unreasonable risk to public safety. The officers consider several legal and regulatory factors in making this determination. Understanding this and demonstrating tangible evidence is vital for being released on parole. Prisons are all about reforming.

The circumstances of the commitment offense are an initial and always relevant factor. Over time, however, the focus of the BPH shifts significantly toward the individual and their conduct and growth in the years since incarceration. The nature and gravity of the crime are paramount. However, a prisoner’s demonstrated understanding of the crime, accepting responsibility, and developing genuine remorse and insight are dynamic and essential suitability factors.

A prisoner’s past criminal acts are checked to detect trends. A past of positive actions can present strong counterarguments. This refers to having a clean disciplinary record, active participation, and completing criminogenic needs programs and work assignments. These actions demonstrate a commitment to personal reform.

Moreover, risk assessment and psychological evaluation provide clinical insights into the BPH of an inmate's risk factors. Although most of these tools offer helpful information, an inmate’s ability to explain how they view their risk factors and their developed coping mechanisms can positively impact the commissioners’ views. As noted in a psychological evaluation, evidence of significant positive change is valuable.

Showing sensible and realistic parole plans is also essential to showing suitability. A person should have stable housing, confirmed job prospects or a proper plan for searching for a job, and a strong support system. These actions demonstrate a commitment to personal reform.

The BPH relies on the input of the district attorney's office and the victim or the victim's family. The information reviewed includes their statements. The BPH ultimately decides whether the inmate’s current dangerousness warrants parole and whether release on parole would pose an unreasonable threat to society when taking all other continuous and relevant factors into account. A sustained growth pattern in these areas is key to finding suitability.

Your Rights in California’s Parole Process

Several legal rights are afforded to incarcerated individuals going through the parole process, which aims to be fair. Becoming familiar with and exercising these rights is critical to preparing for and participating in a Board of Parole Hearing (BPH). These rights include:

  • Right to adequate notice — The incarcerated individual has the right to adequate notice of the hearing so that they have time to prepare
  • Right to be present — Inmates can speak directly to the commissioners at the hearing.
  • Right to counsel — Lifers are entitled to legal counsel at their parole reviews, akin to administrative, not court, venues.
  • Right to review documents — Inmates can review non-confidential records in their file that the BPH will look at. This access is vital for understanding the information the commissioners will be reviewing.
  • Right to present documents and witnesses — Inmates have the right to present relevant documents and witnesses on their behalf within prescribed limits. This allows updated information to be submitted and, in some cases, testimony from those who can testify to the inmate's rehabilitation.
  • Right to an interpreter — Inmates who require language assistance have a right to an interpreter to understand and participate in proceedings.
  • Right to reasonable accommodation — The BPH must provide reasonable accommodation for disabilities that permits effective participation. The BPH must follow the Americans with Disabilities Act (ADA) on reasonable accommodation. All these rights collectively ensure due process regarding the determination of parole suitability.

Parole Hearing Decisions

After the hearing and deliberation, the Board of Parole Hearing can come to one of three primary conclusions:

  • A grant of parole
  • A denial of parole, or
  • A stipulation of unsuitability

Each outcome carries distinct consequences.

  1. A Grant of Parole

A grant of parole is a favorable decision from the BPH panel regarding an inmate's suitability for parole. This decision means the commissioners believe the individual no longer presents an unreasonable risk to public safety. 

Once a grant is made, the decision receives an administrative review. In murder convictions, a further review is done by the governor. If the grant is upheld, the inmate will no longer remain in prison and shall be released on parole.

  1. Denial of Parole

On the other hand, the BPH panel denies parole to an inmate who is deemed unfit for release. In this case, the commissioners find that the individual poses an unacceptable risk to public safety. The panel will impose a “set-off” period when an inmate is not granted parole. This is when the inmate must wait to be eligible for another suitability hearing. These set-off periods can range from 3 to 15 years. The BPH must write a statement to the inmate explaining why the inmate was denied parole and what the inmate should work on to improve.

  1. Stipulation to Unsuitability

A third possibility is a stipulation of unsuitability. A plea deal agreement between the inmate, often with the help of his/her lawyer, and the district attorney’s office to forgo a full hearing and instead agree to a finding of unsuitability for a predetermined, shorter set-off period, usually 3 or 5 years. This can be a strategic decision to avoid a potentially more extended denial period assessed by the BPH.

While it denies the application, it does open the door to an earlier rehearing.

Appealing a Parole Denial

A parole denial from the BPH is not the end of the line. Receiving a parole denial hurts, but it is not the final word. There are ways to challenge an unfavorable BPH decision, mainly denials, but parole grants for some offenses can also be challenged.

  1. BHP Internal Review

One initial step for challenging a BPH decision is to request the BPH for an internal review. Usually, the scope of this process is limited, and grounds for review are generally limited to procedural error or consideration of inaccurate information. The suitability determination is not re-evaluated based on the case's merits.

  1. Governor’s Review

If a person is found guilty of murder, the decision concerning his/her parole, as per the law, will be subject to a governor’s review. The governor must act within specific timelines to review BPH's findings and can approve, deny, or modify them. This executive review is necessary for a small group of parole grants.

  1. Filing an Appeal With the Supreme Court

The main legal approach for contesting your parole denial is to request a writ of habeas corpus from the Superior Court. The suit contends that the BPH acted illegally, frequently on the grounds of:

  • Lack of “some evidence” in the record to substantiate the finding of current dangerousness
  • Violation of the inmate’s due process rights during the hearing

The “some evidence” standard requires that the BPH’s decision be supported by facts that logically lead to the conclusion that the inmate still poses an unreasonable risk to public safety. Habeas corpus cases can be complicated and usually require legal help.

What Life on Parole Entails

Once a person is paroled, he/she is released from prison but are under the active supervision of the Division of Adult Parole Operations (DAPO). Living on parole requires certain conditions and reporting to help the person reintegrate into the community while protecting the public's safety.

In general, parolees have the exact requirements as anyone else under supervision. The preconditions usually consist of the following:

  • Obeying the law
  • Reporting to the assigned parole agent (PO) as instructed
  • Refraining from possessing weapons
  • Notify the PO of changes in addresses, employment, and searches.

Additional conditions can also be imposed against the offender, based on his/her past criminal history and assessed risk factors. Requirements can be very personalized. For some, this can include:

  • GPS monitoring
  • Mandatory testing and treatment for drugs and alcohol
  • Participation in therapy
  • Restricted association with certain people
  • Stay-away orders, and
  • Registration requirements

These special conditions mitigate certain risks.

The parole agent (PO) has a central role. The PO is in charge of overseeing the parolee’s compliance as well as guiding and resourcing him/her. POs can search and arrest parolees without a warrant if they violate the conditions.

Reporting requirements are a regular feature of parole supervision. Most parolees must report to their PO on a schedule set by the PO. Home visits by the PO are also common. You should comply with all conditions, discuss actively with the PO, and report regularly to complete the parole period successfully.

Parole Violations and Revocation

A parolee must comply with conditions to remain on parole. If you fail to abide by these rules, you may be returned to custody through the parole revocation process. There are two kinds of parole violations, namely:

  • Technical violations, which are infractions of a condition of parole
  • New law violations, which involve a new criminal offense

The parole agent could hold a parole hold to take you into custody if a suspected parole violation occurs. This triggers the revocation process, which involves a series of hearings. The first step is usually a probable cause hearing, determining if you violated any law. If you are believed to be guilty, you will face the final revocation hearing.

The potential outcomes of a final revocation hearing vary. If the violation has occurred, but the hearing officer finds that revocation is not warranted, the parolee can be reinstated to parole, possibly with modified conditions. If revocation seems appropriate, the parolee will go back into custody for a revocation term usually capped at 12 months.

How Are the Out-of-State Parolees Handled?

While parole supervision is typically handled by the state where the crime was committed, the Interstate Compact for Adult Offender Supervision (ICAOS) is an agreement that allows for the transfer of supervision of eligible parolees (and probationers) among all U.S. states and territories. As a result, the offenders can be monitored and supported when they have an adequate reason to live outside their sentencing state.

Usually, a California parolee wishing to transfer supervision out of California must meet the eligibility criteria set forth by ICAOS rules. Often, these include having a family member living in the receiving state, verified employment, or other legal means of support. The parole agent initiates a formal request for the transfer process. California then sanctions this request, and the state receives the transfer.

On the other hand, California also supervises parolees from other states who are transferred to California under ICAOS rules. In these scenarios, the California Division of Adult Parole Operations supervises any incoming parolee according to California’s laws and the sending state’s conditions.

The Interstate Compact Offender Tracking System (ICOTS) is the electronic database all compacting states use to monitor offenders being supervised across state lines. It helps share information on the offender’s whereabouts, compliance, violations, and case closures.

Successful Discharge From Parole

The ultimate aim of supervising a parolee is to facilitate the parolee’s successful reintegration into the community and their ultimate discharge from supervision. Completing parole means you have followed the conditions of your release for the required period and are no longer regarded under supervision as an unreasonable risk to public safety.

The time a person is on parole supervision depends on the offense and the type of parole. Per the statute and the BPH or sentencing court, individuals must complete their required supervision.

For some individuals, an early discharge assessment could occur before the legal limit is reached. California law allows parolees who have been in compliance for a sustained period and who have made a positive adjustment to the community to be considered for early termination of parole. This review usually occurs after a period of no supervision incidents. The parole agent will initiate the review based on the parolee's compliance, program participation, employment, stable housing, and overall behavior.

When you are discharged from parole successfully, you are no longer subject to the terms of parole or DAPO supervision. You are given back some of the rights and privileges that had been limited while on probation.

Although not a requirement for parole discharge, finishing parole could work in your favor when seeking a Certificate of Rehabilitation. Completing parole is an important milestone as it marks the end of supervision and reintegrating into society.

Find a Criminal Defense Attorney Near Me

If you have an indeterminate sentence, California's parole system can be complicated, especially if you are going before the BPH. Reentering society successfully requires thorough preparation, knowledge of legal rights, and proof of change. Because of the high stakes and complex processes involved, criminal defense attorneys are essential when sentencing and as a guide for what comes next in a client’s post-incarceration life.

At Monterey Criminal Attorney, we are ready to help you through the parole process. Contact us at 831-574-1791 for more information.