How Long After A Parole Hearing Is An Inmate Released In California

People often confuse the terms probation andparole. Probation is part of the sentencing that a person receives when convicted. Imposed by the judge, it either reduces or eliminates the time that a defendant must spend in custody. Depending on the circumstances, either the courtroom or a probation officer monitors the accused's compliance with his/her probation terms.¹

Parole likewise is a supervised plan. But it applies only in felony cases where a person is sent to California land prison house. And doesn't have consequence until after the person'south release from prison.

Once "paroled", the inmate agrees to abide by sure terms and weather condition.ⁱⁱ When an inmate is paroled depends on his or her sentence.

Inmates who are sentenced to the California country prison for a specific amount of fourth dimension (referred to as a "determinate sentence") are automatically placed on parole once they are released.

Inmates who are sentenced to state prison for potential life sentences (for instance, 25 years to life) are eligible for parole later on they serve the determinate part of their judgement – simply only after the parole lath determines that they are gear up to "re-enter" lodge. That conclusion takes place during a California Board of Parole suitability (Lifer) hearing.

Just prior to being placed on parole, an inmate is assigned to a parole amanuensis. One of the parole agent'due south responsibilities is making sure that the parolee complies with the terms and weather of his/her parole. A violation of any of those parole conditions tin can atomic number 82 to a California parole violation and revocation hearing.

As former prosecutors and law enforcement officers, we understand get-go-hand how these proceedings work and how to assistance y'all with any issues related to the California parole organization.

In an effort to help you lot better understand the complexities involved with California parole law, our Los Angeles criminal defense attorneysⁱⁱⁱ volition address the post-obit topics:

If, after reading this article, you would like additional data, nosotros invite you to contact united states at Shouse Law Group.

You may also find helpful data in our related article on California Probation Law and Probation Violation Hearings.

Word 'Parole' written out

Parole is a supervised program that takes place when inmates re-enter the community afterwards being released from prison.

1. An Overview of the California Parole Process

California parole is a supervised program that takes place when inmates re-enter the customs after being released from prison house. Sometimes parole is automatic. Other times information technology is not.

For life inmates who are eligible to receive parole, it is granted once the parole board (known equally the Board of Parole Hearings) determines an inmate to be ready for release. Inmates who were sentenced to "life without the possibility of parole" are not entitled to this privilege.

The history of California parole law

For the nigh office, California has a mandatory parole system. This means that unless public safety presents an overriding business organisation, inmates who are eligible for parole must be paroled once they serve their sentence. Eligible parolees are supposed to be paroled unless they nowadays an overriding public safety hazard. (What constitutes an "overriding public condom risk" is very discretionary and very open to interpretation.) Prior to 1977, that wasn't the example.

It used to be that one's prison house sentence actually had no bearing on parole eligibility. Parole boards were more than concerned with an inmate's efforts at criminal rehabilitation than they were with an inmate'southward punishment. As a result, the lath hardly always set parole dates.^four

Displeased with this process, the California Legislature determined that the purpose of incarceration should be penalty. They believed this philosophy would be best served by having the inmate serve a sentence proportional to the offense.and in proportion to others who had committed similar offenses.^five

Once an inmate has served that sentence, he/shemust be paroled unless public safety requires further incarceration. This is a policy that is still enforced under today's California parole police. Even those inmates who accept been sentenced to an indeterminate judgement (such as 15 years to life — also referred to as a life sentence) must be paroled in one case they serve the numeric or "determinate" role of their sentence (in this instance, "15") unless public condom overrides that policy.^half-dozen

Still, the date that someone is eligible for parole varies a dandy deal, depending on (1) the crime for which the inmate was convicted, and (2)when the inmate was bedevilled.

Factors for parole eligibility

Parole eligibility depends primarily on (ane) what type of sentence the inmate received, and (2) how "adept fourth dimension credit" will be applied to that sentence. Allow's explore these issues.

Determinate sentences

A "determinate" California Land Prison house sentence is a sentence for a specific number of years. If, for example, yous are sentenced to "six years in prison", the number six is the determinate number.

Indeterminate sentences

An "indeterminate" California State Prison sentence is an indefinite sentence. An example of an indeterminate sentence – also called a "life sentence" – is 25 years to life. "25" is the determinate role of the sentencing; "life" is the indeterminate.

Occasionally a approximate will sentence a defendant to "life with the possibility of parole". When this is the case – which is really an older method of sentencing – in that location is no determinate part of the sentence. Under these circumstances, the minimum eligible parole date is typically seven years into the sentence.

Good time or work time credit

With little exception, inmates are entitled to earn "good time credit" (sometimes referred to every bit "work time credit") while in prison. This credit allows inmates who behave while in prison house the opportunity to serve only office of their sentences.

It used to exist that inmates could earn plenty good time credit and so that they only had to serve half of their determinate sentence before they could be released on parole. However, California parole constabulary changed to require inmates to serve ii-thirds of their determinate sentences before beingness paroled. Currently, yet, due to budget cuts and prison overcrowding, the state is dorsum to allowing "twenty-four hour period for twenty-four hour period" credit, which allows parole after serving only half a sentence.⁷

That said, inmates convicted of California violent felonies must serve 85% of their sentence before becoming parole eligible.⁸ Examples of California "violent felonies" include crimes such equally

Penal Code 261 rape⁹,
Penal Lawmaking 460 first degree burglary^ten, and
Penal Code 288 lewd acts on a minor under xiv (otherwise known as kid molestation)¹¹.

There are two classes of inmates who are not eligible to earnwhatever good time credit¹²: (1) those who were bedevilled nether Penal Lawmaking 187 California "murder" law¹³, and (two) those who have been previously bedevilled ofand incarcerated for ii or more felonies. Individuals who fall under these categories must serve their entire determinate sentences before being paroled.

All that said, an inmate will simply be paroled when the state is convinced that the inmate is set up to return to society. These standards simply set the earliest time the parole board will consider release.

California parole laws are always changing

California parole law is ever-irresolute. When a new constabulary goes into event, information technology doesn't usually bear upon those who were convicted nether a previous statute. Rather it gets practical "prospectively" to "future" inmates. This is why when you are convicted is an important consideration in understanding your minimum eligible parole date.

For example, some laws specifically state that they only utilize to prisoners who were convicted or incarcerated before 1983, and some only to prisoners who were incarcerated or bedevilled after 1977. This is 1 reason why it is important to consult with a criminal defense force attorney who has expertise in California parole constabulary to ensure you are receiving the parole privileges to which yous are entitled.

In its nigh current endeavour to ameliorate parole supervision and reduce the recidivism rate (that is, the number of parolees who go on to commit new crimes), the California Department of Corrections (who is responsible for overseeing the state'south parole system) launched a new parole programme at the finish of Jan 2010.

The new plan, signed into police by Governor Schwarzenegger in Oct 2009, has 4 goals¹⁴:

reducing recidivism by encouraging inmates to complete rehabilitation programs by offering more than substantial "proficient time credit" for completion of certain programs such as inmate firefighting,
improving supervision of high-risk parolees,
"Loftier-risk" parolees include (but are not limited to): sex offenders, those who committed violent felonies, and those who are heavily involved in gang activity. Improving supervision of loftier-risk parolees will be accomplished in 2 ways: (a) by hiring more parole officers to help lessen caseloads, and (b) by implementing new programs for managing lower-risk parolees, such as expanded drug and mental health treatment programs to ensure echo offenders will receive help rather than incarceration, and
partnering with the community to supervise parolees who commit minor violations (so that they are sent to local community correction centers rather than state prison).

If successful, California's state prison house population volition be reduced by well-nigh 6,500 inmates over the adjacent year.

∗It should exist noted that California'due south parole law is specific to state crimes. The federal system utilizes a "supervised release" programme that is governed by federal sentencing guidelines.¹⁵(See our related folio on federal prison vs state prison house).

parole officer with parolee

Parole officers (also unremarkably referred to as parole agents) are in charge of all of these types of parolee supervision.

two. Types of California Parole Supervision

There are currently six levels of parole supervision that the Department of Corrections utilizes. The intensity of supervision may be increased or decreased at whatsoever time, depending on (ane) the needs of the parolee, and (2) customs safety. These levels include:

intensive re-entry — provides enhanced supervision immediately upon re-release into the customs,
regular re-entry — provides services such as employment and housing for parolees immediately upon re-release into the community, but for a shorter menstruum of time,
specialized caseloads — provides concentrated, intense services to "loftier risk" parolees,
case management supervision — in one case a parolee has demonstrated that he/she has successfully re-integrated into the community, he/she will receive less supervision,
electronic supervision — if necessary, a 24-hour electronic monitoring system may exist implemented for enhanced supervision, and
subsistence and personal care — provides transition services such as parenting education, cash, clothing, and transportation services upon community re-entry.

Note that under the "non-revocable parole program," certain parolees will non attend California parole revocation hearings. Individuals who are placed on not-revocable parole will merely be returned to prison house if they are arrested for a new criminal offence…and only if they are convicted of that offense in the same style as any other criminal defendant.

In addition, parolees on the non-revocable parole program don't report to a parole officer. They practise, however, remain subject to warrantless searches by the police.

Parole agents

Parole officers (also ordinarily referred to as parole agents) are in accuse of all of these types of parolee supervision. Their assignment is to (one) protect the public, by (ii) assisting parolees with their re-entry into the customs. Hired by the state, they work directly for the Department of Corrections.

Parole agents report directly to the Board of Parole Hearings. They ready plans and recommendations for their "clients" prior to release. They also help their parolees arrange for services such equally

employment,
housing,
medical care and counseling services, and
social activities.

If the parolee is defendant of violating parole, the parole officer investigates the allegations. After doing and then, the agent makes a recommendation to the parole board either to (1) permit the parolee to remain on parole, or (two) revoke parole and reincarcerate the individual.

Parole length

Once an inmate is placed on parole, the length of supervision depends, one time again, on the offense for which he/she was convicted. Boilerplate parole terms are about three years, although some are five, and some are ten.¹⁶ Those convicted of murder will exist placed on parole for life¹⁷, although even that parole law will have exceptions.^xviii

And — like everything else related to California parole constabulary — the fourth dimension periods for parole supervision are always subject area to change.

3. California Parole Conditions and Requirements

In one case placed on parole, a "parolee" must agree to abide by certain conditions and requirements.^xix Some of the virtually mutual parole terms include (but are not limited to):

consenting to be searched at any time with or without a California search warrant and with or without cause^xx,
agreeing to live within designated county limits²¹,
agreeing to register with local authorities (this applies to those who are required to register every bit sex offenders pursuant to California Penal Lawmaking 290 PC, to those who have been convicted of California Penal Code 451 PC arson, and to those who are convicted of sure California drug crimes)²², and
conditions that relate to the specific crime, including, for instance, restrictions that prohibit (ane) using or being around designated weapons, (2) accessing the Internet, or (3) associating with gang members.²³

If the inmate refuses to sign and acknowledge the fact that he/she will abide past his/her parole conditions, the lath will revoke its offer of parole. Under these circumstances, the inmate will remain in prison a maximum of half dozen more months.²⁴

Telephone call us for help…

Smiling receptionist taking notes.

Phone call u.s.a. for assistance

If you or a loved one is in demand of help with paroles and you are looking to hire an attorney for representation, we invite you to contact the states at Shouse Police force Group. We tin can provide a free consultation in the role or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Our Nevada criminal defense attorneys have law offices located in Las Vegas and Reno and are available to represent yous at Nevada parole lath and violation hearings equally well.²⁵