A Glimpse of the California Parole System

What is Parole?
Parole is the supervised and conditional release of a prisoner. While on parole, parolees are still considered in custody of the criminal justice system. Cal. Penal Code § 3000(b)(5). The California Legislature predicated the parole system upon the understanding that “the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the supervision of and surveillance of parolees, and to provide educational, vocational, family and personal counseling necessary to assist parolees in the transition between imprisonment and discharge.” Cal. Penal Code § 3000(a)(1). An offender serves time in prison until he or she is suitable to be released. Upon release from prison, a parolee may be subject to parole anywhere from 6 months to 10 years, depending on the committed offense and conviction. Cal. Penal Code § 3000(b). Parolees in California are supervised by the California Department of Corrections and Rehabilitation and must abide by specific regulations (described below) to complete their sentence and avoid going back to prison.

Who Gets Parole and How?
Automatic Parole. Under California’s current criminal sentencing regime, courts will issue one of two types of sentences: determinate sentences and indeterminate sentences. A determinate sentence is a fixed period of punishment, the end of which the inmate must be released (i.e. 5-year sentence). All prisoners in California who serve determinate sentences are automatically released on parole after serving the fixed sentence. The length of parole depends on the board and the commitment offense (the offense which gave rise to the sentence). Typically, parole does not exceed three years for most crimes, and five years for sex offenses. Cal. Penal Code § 3000(b)(1).

Discretionary Parole. An indeterminate sentence varies in prison time (i.e. life with the possibility of parole) and the punishment range may come with a minimum prison term (i.e. 10 years to life in prison). In general, courts impose indeterminate sentences for sex offenses, homicides, and “three strikes” offenses. An indeterminate prison sentence ends if and when the parole board grants parole. As such, the parole board determines when the indeterminately-sentenced inmate is released from prison, and if released, the length of parole. The period of parole also depends on the board and the commitment offense, but typically cannot last for more than fifteen years. Cal. Penal Code § 3000(b)(5).

The Parole Board & the Parole Hearing
The California Board of Probation Hearings (BPH) conducts all parole hearings. The BPH is comprised of seventeen Commissioners appointed by the Governor and confirmed by the Senate. Deputy Commissioners, who also sit on hearings, are civil service appointees; most have years of experience working in corrections and law enforcement. In deciding whether to grant parole the BPH “shall set a release date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual, and that a parole date, therefore, cannot be fixed at this meeting.” Cal Penal Code § 3041(b).

Only inmates’ sentenced indeterminate sentences with the possibility of parole are subject to suitability hearings by the BPH. Inmates serving life sentences become eligible for suitablity hearings one year prior to their minimum eligible parole date. So the prisoner serving fifteen years to life in prison will have his or her first available opportunity for a parole hearing after the fourteenth year of prison. The BPH hearings consider the possibility of parole, not the assurance of it.

An inmate may request an early parole hearing through a written request to the board and the victim or the victim’s family detailing “the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate.” Cal. Penal Code § 3041.5(d)(1). An inmate may make one written request for an advanced hearing every three years. Following either a denial of a request or the decision of the BPH after a hearing not to set a parole date, the inmate must wait three years before submitting another request for a hearing. Cal. Penal Code § 3041.5(d)(3).

The issue presented to the BPH during a suitability hearing is whether the prisoner “is suitable for parole, not when he should be released.” Sass v. California Bd. of Prison Terms, 461 F.3d 1123, 1132 (9th Cir. 2006). According to the Department of Corrections and Rehabilitation website “[a]ny person may submit information to the BPH concerning any inmate or parolee. When deciding whether to release an inmate on parole, the BPH considers all information received from the public.”

Upon request, the BPH will send notice of a prisoner’s parole hearing at least 90 days before the hearing “to any victim of any crime committed by the prisoner, or to the next of kin of the victim if the victim has died.” Cal Penal Code § 3043(a)(1). The notice will include the prisoner’s criminal history as of the date of the notice. Cal Penal Code § 3043(a)(1). The victim, next of kin, the victim’s family, and legal counsel also have the right to appear at the hearing and express their views concerning the prisoner and the case. Cal Penal Code § 3043(b)(1).
The prisoner may be present at the hearing, ask and answer questions from the BPH, and to speak on his or her own behalf. However, “[n]either the prisoner nor the attorney for the prisoner shall be entitled to ask questions of any person appearing at the hearing.” Cal Penal Code § 3041.5(a)(2).

Parole suitability hearings are similar to a trial in that there is fact-finding and the decision of whether parole is suitable is based on the facts. Persons appearing at the hearing may discuss anything “including, but not limited to the commitment crimes, determinate term commitment crimes for which the prisoner has been paroled, any other felony crimes or crimes against the person for which the prisoner has been convicted, the effect of the enumerated crimes on the victim and the family of the victim, the person responsible for these enumerated crimes, and the suitability of the prisoner for parole.” Cal Penal Code § 3043(b)(1). A panel of at least two Commissioners or Deputy Commissioners decides whether the prisoner is suitable for parole.

Conditions of Parole
If the prisoner is found suitable for parole and is released on parole, the Department of Corrections and Rehabilitation imposes Conditions of Parole on all parolees. Some parolees have special conditions of parole, depending on the predicate offense (such as drug rehabilitation classes for parolees who were convicted for drug offenses). The following are the standard conditions of parole:

• Advisement that the parolee, their residence, and possessions can be searched at any time, with or without a warrant, and with or without a reason. This can be done by a parole agent or police officer.
• The parolee waives extradition if they are found out of state.
• The parolee is obligated to always tell their parole agent where they live and work.
• The parolee is obligated to report upon release from prison or jail.
• The parolee is obligated to tell their parole agent about a new address before they move.
• The parolee is obligated to tell their parole agent, within three days, if they get a new job.
• The parolee is obligated to report to their parole agent when told to report or a warrant can be issued for their arrest.
• The parolee is obligated to follow their parole agent’s instructions.
• The parolee is obligated to ask their parole agent if it is OK to travel more 50 miles from their residence, and receive approval before they travel.
• The parolee is obligated to receive a travel pass before they leave the county for more than two days.
• The parolee is obligated to receive a travel pass before they can leave the State.
• The parolee is obligated to obey ALL laws—if a parolee breaks the law, they can be sent back to prison even if they do not have any new criminal charges.
• The parolee is obligated to tell their parole agent immediately if they get arrested or get a ticket.
• The parolee is obligated to not be around guns, or things that look like a real gun, bullets, or any other weapons.
• The parolee is obligated to not have a knife with a blade longer than two inches except a kitchen knife. Kitchen knives must be kept in your kitchen. Knives used for work are allowed if approved by the parole agent, but they can only be carried while at work or going to and from work. The parolee must possess a note from the parole agent approving this, and it must be carried at all times.
• The parolee is obligated to not own, use, or have access to a weapon listed in Penal Code Section 12020.
• The parolee is obligated to sign their conditions of parole. Failure to sign them can result in a return to prison.