Parole

Parole allows your early release from prison under specific conditions and community supervision. You could be rearrested to complete your sentence if you violate these conditions. A parole hearing assesses your suitability for release before serving the full term. Factors considered include prison behavior, rehabilitation participation, and reintegration plans. The parole board decides whether to grant, deny, or schedule a future reconsideration for your parole.

Having an attorney during the parole process can be highly advantageous. A legal representative offers crucial expertise, guiding you through the system's intricacies and safeguarding your rights. We will help you prepare for a parole hearing at the California Criminal Lawyer Group. We will gather relevant documents and tell your story. Our Fresno attorneys will also advocate for your parole eligibility and address legal challenges. If parole is denied, we can also assist with the appeal process, if appropriate. We will provide valuable support to challenge the decision.

Distinguishing Between Parole and Probation

Parole and probation are often combined but are distinct parts of the criminal justice system. Parole is the conditional release of prisoners before the completion of their sentence. This release is contingent on adhering to specific standards and maintaining good character. During parole, the person serves the remainder of their sentence under community supervision. Probation, in contrast, is an alternative to incarceration. This allows individuals to serve their sentences without being jailed or imprisoned. Probation creates a specific set of circumstances set by the court. Additionally, individuals on probation are supervised by a probation officer.

Parole Eligibility

Parole eligibility hinges on the sentence type, whether determinate or indeterminate.

In determinate sentencing, where the duration is fixed, parole consideration often occurs after serving a specified percentage, for example, 50% under the Determinate Sentencing Law (DSL).

Conversely, various factors influence parole eligibility in indeterminate systems, including behavior and rehabilitation. For sentences like "15 years to life," eligibility could be granted after serving the board's minimum term, for example, 15 years.

Lifer hearings assess release suitability. The board members weigh rehabilitation and risk factors. If the board is satisfied with your rehabilitation efforts and believes you pose no risk to society, they will likely grant your parole request.

Not all offenders attend the same parole hearing. Notably, if you are deemed a sexually violent predator (SVP), you will participate in specific SVP parole hearings.

Securing Early Parole

Proposition 57 introduced substantial reforms. One of its key provisions is the expansion of parole eligibility for those convicted of non-violent crimes. These offenders became eligible for parole after completing the full term for their primary offense, excluding enhancements or consecutive sentences.

Prop. 57 also instituted a credit system for good behavior and participation in rehabilitative programs. Inmates could accrue these credits, potentially shortening their sentences and expediting parole eligibility.

The impact of good-time credit or work-time credit on parole eligibility is significant. Inmates earn these credits through positive conduct, participation in educational and rehabilitative programs, and engaging in work assignments during their sentence. These earned credits contribute to reducing their sentence, potentially expediting parole eligibility. California's parole system underwent revisions, enabling certain inmates to be considered for parole after completing only half of their determinate sentence, often referred to as "day for day credit" or "50% time credit."

Conversely, certain individuals are ineligible for parole based on the nature of their convictions or other legal considerations. These include:

• Life without parole sentences — Individuals sentenced to life without the possibility of parole are barred from parole eligibility. This sentence signifies a permanent term of imprisonment. Individuals serving life sentences will spend the entirety of their lives in prison without any chance of release.
• Certain violent offenders — The "Three Strikes" law in California mandates lengthier sentences, potentially including life sentences, for individuals accumulating multiple convictions for serious or violent felonies. Those sentenced under the Three Strikes law could, in certain instances, endure extended periods of incarceration without the possibility of parole.
• Specific sentencing enhancements — Sentencing enhancements tied to offenses like gang-related activities or firearm usage can lead to extended prison terms and limited parole eligibility for offenders.
• Sexually violent predators (SVP) — Individuals classified as sexually violent predators encounter distinct parole considerations. SVPs undergo specialized hearings to determine their potential release into the community. This process is separate from the standard parole hearings.

Types of Parole Programs

Let us look at the different parole programs in California:

1. Regular Re-Entry

Regular re-entry is the conventional route for individuals moving from incarceration back into the community. This approach strictly adheres to general parole conditions. It provides vital support services to facilitate a seamless and triumphant return.

Parolees follow a traditional path, complying with standard parole requirements and engaging in services designed to foster stability. The central focus is empowering parolees to fulfill established conditions while accessing essential resources crucial for their successful reintegration into community life.

2. Intensive Re-entry

Intensive re-entry ensures a smooth transition of individuals from incarceration back into the community. Under this program, parolees undergo rigorous supervision and monitoring, ensuring strict compliance with parole conditions. The objective is to swiftly identify and address emerging issues. The individualized approach provides personalized support services based on each person's unique circumstances.

A central aspect of intensive re-entry is its emphasis on risk management. The program concentrates on recognizing and handling potential risks associated with the parolee's transition and implementing interventions to mitigate these risks effectively.

3. Specialized Caseloads

Specialized caseloads are a customized program. The program strategically groups individuals based on distinct criteria for a more personalized and effective supervision and support structure. This approach acknowledges the diverse needs of specific groups or individuals, recognizing the necessity for a targeted strategy to facilitate their successful reintegration into the community.

Within specialized caseloads, parolees receive an elevated level of individualized attention. They benefit from supervision and services adapted to address their unique circumstances. The criteria for specialization can encompass various factors, including the nature of the offense, risk level, or other specific considerations.

4. Electronic Supervision

Electronic supervision leverages technology to closely monitor and track the activities and whereabouts of individuals on parole. This involves using devices like ankle bracelets or GPS tracking for real-time monitoring. The 24-hour monitoring provides an additional layer of supervision to ensure compliance with parole conditions.

5. Case Management Supervision

Under this program, case managers oversee and coordinate services for individuals on parole. In this method, case managers work closely with parolees to ensure strict compliance with conditions, coordinate essential resources, and facilitate a smooth reintegration into the community.

Under case management supervision, parolees receive individualized attention, with case managers focusing on their unique needs. This involves overseeing adherence to parole conditions, addressing specific challenges, and providing tailored support services to meet each parolee's circumstances.

6. Subsistence and Personal Care

Subsistence and personal care are vital components of parole programs. They ensure the fulfillment of basic needs for individuals transitioning back into society after incarceration. This focused initiative guarantees parolees access to essential resources for survival and personal well-being.

Under subsistence and personal care, parolees receive support in securing fundamental elements like housing, employment, clothing, and other necessary resources. The aim is to establish a sturdy foundation for parolees, enabling them to meet their basic needs and concentrate on successful reintegration into the community.

Parole Terms and Conditions

Recall that parole is a supervised release. Parole agents or officers will closely monitor your actions. They oversee your compliance and successful reintegration. Here are some parole terms and conditions you will be expected to comply with:

• Scheduled check-ins — You must consistently meet with your officer at the parole office or agreed-upon locations.
• Drug or alcohol testing — Expect to face random tests, with positive results carrying potential consequences.
• Counseling or treatment obligations — If specific needs arise, your engagement in counseling or treatment could be required.
• Residence rules — Seek permission for any changes in residence that potentially involve electronic monitoring.
• Employment or education expectations — Maintain a job or engage in education with officers closely tracking your progress.
• No contact directives — Prohibited from contacting victims or co-defendants, and staying away from specified places.
• Curfew requirements — Adhere to a curfew, necessitating your presence at an approved residence during designated hours.
• Travel limits — Obtain approval for travel beyond a designated area.
• Firearm restrictions — Possession of firearms or weapons is strictly forbidden.
• Reporting changes — Promptly report any changes in personal information, for example, address or employment.
• Living within county lines — Your residency is confined within specific county lines, demanding approval for changes or travel beyond the set area.

In addition to the standard parole terms and conditions, you could encounter specialized terms designed to address your unique circumstances. These tailored conditions aim to provide targeted support and supervision based on your situation. Examples of these specialized terms could involve:

• Attending anger management classes — If there are concerns about anger or aggression, attending specialized courses could be required.
• Electronic monitoring — Some individuals could be subject to electronic monitoring, mainly if concerns arise regarding their movements.
• Sex offender treatment — For those convicted of sex offenses, participation in specialized sex offender treatment programs is mandatory. Additionally, compliance with the requirement to register as a sex offender with local authorities, as mandated under Penal Code 290, is essential.
• No or limited internet access — Restrictions on internet access could be imposed to address specific concerns.
• No possession of guns — Prohibitions on possessing firearms during the parole period could be in place.
• No association with gangs — Restrictions on association with gangs could be implemented to mitigate potential risks.

Additionally, depending on the nature of your conviction, you could be obligated to register with local authorities as:

• An arson offender if convicted of arson under Penal Code 451.
• A drug offender if convicted of violating Health and Safety Code 11350.

Should you, as a parolee, choose not to sign the form acknowledging your duty to register or opt out of providing the necessary blood or saliva samples for forensic identification, the result will be the revocation of your parole. Consequently, you will be directed to return to prison. The confinement resulting from a single parole revocation under Penal Code 3060.5 is generally limited to six months, subject to certain exceptions.

Parole Violation

When you face allegations of violating parole conditions, it triggers a series of steps. They involve written notice and a sit-down with your parole officer. If needed, a parole revocation hearing led by a parole board will be set up.

In the parole revocation hearing, you and the parole officer state your cases, and the parole board weighs the evidence and statements. The decision reached by the parole board can range from revoking your parole to tweaking or adding conditions.

Comparing parole hearings to criminal proceedings provides valuable insight. Criminal proceedings demand a higher standard of proof (beyond a reasonable doubt), whereas parole hearings often rely on a lower standard, like a preponderance of evidence. The subjective nature of parole decisions, centered on predictions about your future conduct and rehabilitation, introduces unpredictability absent in the more structured legal standards of criminal trials.

In non-revocable parole, individuals released from prison are placed on parole without typical supervision and revocation procedures. The idea is that if there is a violation of your parole terms, it could not automatically mean a return to prison or a parole revocation hearing.

However, this does not make you completely immune from the consequences. If you find yourself in the non-revocable parole program and happen to commit a new crime, you could still face legal repercussions. You could potentially end up incarcerated for the new offense. The non-revocable parole status primarily tweaks the parole violations and revocation procedures. However, it does not offer immunity against charges arising from new criminal activities.

Are The Elderly Eligible for Parole?

California's Elderly Parole Program offers potential benefits if you are 60 years or older and have served at least 25 consecutive years. Yet, meeting the eligibility criteria involves more than just age and time served.

A thorough assessment by authorities delves into your risk to public safety. Factors considered include:

• The nature of your crime.
• Your conduct during incarceration, and
• Your potential for rehabilitation.

Health status is also crucial, and those with significant health issues have better prospects for release under this program.

Decisions on parole under this program rest with the parole board or a similar authority. Each case undergoes an individualized review, factoring in various elements before a determination is reached.

However, eligibility could be elusive if you are under 60. The program primarily targets those aged 60 and older. Serious or violent offenses could challenge meeting the criteria, and your criminal history, including past convictions or behavioral patterns, will impact eligibility.

Are Individuals Who Have Mental Illnesses Eligible for Parole?

You first have to be categorized as a mentally disordered offender (MDO). An MDO is an individual convicted of a crime whose severe mental health disorder played a significant role in the commission of the offense.

In California, Penal Code Section 2960 provides reprieve for individuals with severe mental health disorders. It stresses the importance of mental health treatment for public safety.

Suppose you have a severe mental health disorder linked to your criminal behavior and it is not in remission during parole or its termination. In that case, you pose a perceived risk to society. The state will ensure you get mental health treatment until your disorder is in remission and can be sustained.

Additionally, it is mandated that within the first year of your sentence, the Department of Corrections and Rehabilitation evaluate you for severe mental health disorders. If identified, you should receive appropriate mental health treatment both during your incarceration and upon your return to the community. This legislative framework aims to find a balance between public safety and meeting the mental health needs of individuals like yourself.

Medical Parole Hearings

California's medical parole initiative aims to release certain incarcerated individuals facing terminal illness or permanent incapacitation. The California Department of Corrections and Rehabilitation (CDCR) oversees this process.

Initially, an eligibility assessment identifies inmates potentially suitable for medical parole based on their health conditions. The CDCR's medical staff then evaluates whether these inmates meet the specific criteria for medical parole.

The application process could be initiated by either the CDCR or the inmates themselves. It involves a detailed submission of medical information, shedding light on the inmate's health condition and the necessity for medical parole.

Following this, the Board of Parole Hearings (BPH) reviews the medical parole application meticulously. This review considers factors such as the severity of the medical condition, potential risks to public safety, and the inmate's likelihood of receiving appropriate care outside the prison setting.

In cases where a parole hearing is deemed necessary, the hearing process ensues. This entails the active participation of the inmates, their legal representatives, and relevant medical professionals. The hearing is a platform to present and assess information crucial to the medical parole application.

The ultimate decision rests with the Board of Parole Hearings, which carefully considers the information presented during the hearing. If medical parole is granted, the inmate is released to an appropriate medical or custodial setting.

Your Options If You Are Serving a Life Without Parole Sentence

Individuals serving life prison sentences without the possibility of parole have various options to pursue in their quest for release or a reduction in their sentences. These include:

1. Filling An Appeal and Post-Conviction Relief

Initiating an appeal or pursuing post-conviction relief is a formal and legal avenue for individuals seeking to challenge their convictions or sentences. This procedural process entails presenting compelling arguments and evidence to a higher court. You will contend that legal errors occurred during the trial or warrant reconsideration.

2. Seeking Clemency or a Pardon

Seeking clemency or a pardon is a formal process for individuals seeking relief from their sentences. Clemency, which involves appealing to the governor's mercy, requires:

• Presenting compelling reasons.
• Expressing genuine remorse, and
• Showing evidence of substantial rehabilitation.

Similarly, a pardon seeks official forgiveness from the governor for the offense. It is crucial to securing release from the sentence.

3. Habeas Corpus Petition

A Habeas Corpus petition is a formal legal avenue for individuals challenging their unlawful imprisonment or detention. This legal tool asserts:

• Constitutional violations.
• Due process concerns.
• Ineffective assistance of counsel, or
• The presentation of new evidence not previously considered.

The petition allows individuals to contest the lawfulness of their confinement. It demands a meticulous and comprehensive presentation of legal arguments and evidence to substantiate their claims.

Parole for Federal Offenders

Understanding the distinction between federal and state crimes is crucial. In the United States, the legal system operates on two primary levels: federal and state.

Federal crimes involve violations of national laws and are prosecuted in federal courts. They usually deal with offenses that cross state lines or breach federal statutes. If the verdict is guilty, the time is served in federal prisons under the Federal Bureau of Prisons (BOP) jurisdiction.

Conversely, state crimes are offenses against state laws handled in state courts. Each state has its own set of laws. Common crimes like theft, assault, and drug offenses are typically prosecuted at the state level. Convicts end up in state prisons, each with its correctional facilities.

Parole does not apply to the federal prison system. The federal government eliminated parole for individuals convicted of federal crimes committed after November 1, 1987. Instead of parole, the federal system employs a "good time credits" mechanism to encourage positive conduct and engagement in rehabilitative programs. In this context, inmates can accrue credits that facilitate an earlier release.

Find an Experienced Criminal Defense Attorney Near Me

Engaging a seasoned criminal defense attorney is highly advisable when preparing to face the parole board. Our Fresno team of attorneys at California Criminal Lawyer Group has the needed expertise. We will provide valuable insights and assistance to navigate the parole process effectively. Contact our team at 559-712-8377 to schedule your first case assessment. We will customize our approach based on your circumstances and work to secure the best possible outcome.