There are a number of programs within the California Department of Corrections and Rehabilitation (CDCR) system that give individuals serving prison terms the ability to end their prison terms early.
The CDCR awards so-called custody credits to a prison inmate’s sentence. A custody credit is a reduction in the inmate’s sentence. The inmate’s Minimum Eligible Release Date (MERD) is advanced by these credits.
There are 2 kinds of credits, Good Conduct Credits (GCT) and Work/Program Credits (WPC). The goal of offering these credits is to give inmates an incentive to behave in a positive manner and participate in prison rehabilitation programs.
The rate at which an inmate earns GCT depends on the nature of the offense for which they were sentenced to incarceration in prison and their housing status, i.e., the type of prison in which they are incarcerated, e.g., whether it is a minimum or maximum security prison.
Inmates sentenced to prison because they were convicted of a non-violent felony generally earn GCT credits at the rate of one day of credit for each day they serve. This can reduce their actual time served by as much as 50%.
Inmates sentenced to a term of imprisonment for conviction of a serious or violent felony earn GCT credits at the rate of 33.3%, which equals 1 day of credit for every 2 days served. This would reduce their sentence by one-third.
Inmates who have been sentenced for non-violent crimes who are serving their sentences in minimum security prisons or fire camps may earn GCT credits at the rate of 2 days for credit for every 1 day served. This would reduce their time served by two-thirds or 66.6%.
As noted above, inmates can earn WPC for participating in approved educational, vocational, or rehabilitation programs. These credits reduce the length of their sentence in addition to the reductions for GCT credits.
Inmates can forfeit, or lose, the credits they have accumulated by engaging in serious disciplinary misconduct, such as violence or drug offenses. A California lawyer would be able to help an individual understand GCt credits and how they work.
What Makes an Inmate Eligible for Parole in California?
The Board of Parole Hearings (BPH) handles the process of determining whether an inmate may exit prison on parole for inmates serving indeterminate sentences. The BPH decides whether an inmate should not be released on parole, because they would pose an unreasonable risk of danger to the public if they were to be released.
The BPH hearing panel is legally required to consider all relevant information about an inmate’s situation when considering a parole request, including the seriousness of the crime for which the inmate was sentenced to prison and the inmate’s criminal history.
The BPH hearing panel would view the following factors as tending to show that an inmate is likely to succeed on parole:
- The inmate has shown genuine remorse for their crime.
- The inmate has gained insight into the cause of their criminal offense.
- The inmate has maintained a stable social history in prison.
- The inmate has exhibited positive institutional behavior, e.g., participating in rehabilitation, educational or vocational programs.
On the other hand, the BPH panel would view the following factors as indicating that an inmate is not likely to succeed on parole:
- The crime for which the inmate was sentenced to crime was a serious crime, e.g., arson.
- The inmate has a criminal record that shows crimes of violence.
- The inmate has a history of misconduct while incarcerated.
The BPH considers these factors to assess whether the inmate poses a current risk of violence. It also takes into account the fact that the law mandates a presumption of suitability for parole unless public safety requires a longer period of incarceration. Of course, some inmates have been sentenced to life without parole, and they would not be eligible.
If the BPH grants parole, the Governor of California has 30 days to review the decision and affirm, reverse or modify it.
If parole is denied, the BPH sets a date for the next hearing, which can be 3, 5, 7, 10, or 15 years in the future, depending on the strength of the inmate’s unsuitability factors.
The U.S. Supreme Court has ruled that sentencing juveniles to life in prison without parole is unconstitutional. Members of the California legislature have considered changes to parole law in California, including eliminating the sentence for those who are sentenced to LWOP when they are 25 or younger, allowing them to seek parole.
Who Grants Early Release or Parole in California?
As noted above, the California Board of Parole Hearings (BPH) handles the process of determining whether an inmate may be released on parole. The Governor of California then has 30 days to weigh in and may affirm, reverse or modify the decision of the BPH.
What Factors Does the California Parole Board Consider?
California law requires the BPH hearing panel to consider all relevant information about an inmate’s situation when considering a parole request. However, the seriousness of the crime for which the inmate was sentenced to prison, their criminal history and their conduct in prison are important factors. An inmate would not be released on parole, if they are viewed as posing an unreasonable risk of danger to the public if they were to be released.
Other parole options are the Elderly Parole Program, which provides eligibility to inmates who are at least 50 years old and have served at least 20 years. There is another separate eligibility program for inmates who are at least and have served a minimum of 25 years.
Compassionate Release, also referred to as “Medical Parole,” is a parole program that is available to inmates who are permanently medically incapacitated. They may require 24-hour care, or have a terminal illness with a prognosis of 6 months or less to live.
The process of determining whether an inmate qualifies for these programs is usually begun by the CDCR’s Chief Medical Executive. He recommends an inmate for BPH review.
For both programs, the BPH must determine that the inmate does not present an unreasonable risk to public safety, but, of course, weight is given to an inmate’s diminished physical condition and elderly age.
The District Attorney in the county in which an inmate was convicted has the option of recommending recall of a sentence for an inmate. If there is a recall, the inmate could be re-sentenced by a judge to a reduced sentence. A District Attorney might do this because the inmate showed exceptionally positive conduct after they were convicted. A court might even reduce an inmate’s original sentence so that they can be released immediately.
Changes in the law of criminal sentencing and parole may offer an inmate the opportunity to return to court and ask for judicial review of their sentence.
What Are Parole Monitoring and Restrictions in California?
While parole offers an alternative to serving time in prison, parole comes with strict rules that must be followed. California uses ankle monitors to track parolees and ensure compliance with release conditions. These devices provide real-time location data, allowing law enforcement to monitor individuals under supervision.
Failing to comply with all of the conditions and rules of parole can lead to serious consequences, including returning to prison. Understanding the requirements of parole conditions and rules is essential for parolees and their support networks. A California lawyer consultation would help an offender understand parole and how it works.
The California Department of Corrections and Rehabilitation, Division of Adult Parole Operations Electronic In-Home Detention program (EID) monitors the compliance of parolees with curfews that are imposed on them as part of their parole supervision. They use Radio Frequency (RF) as a tool in monitoring. Convicted individuals who are on parole must wear ankle monitors to comply with RF monitoring requirements, including complying with any curfew that is imposed.
A curfew may be imposed as a Special Condition of Parole. Curfew hours are set in the day or night. The offender must remain inside their residence during their curfew hours.
RF technology is also used for offenders who participate in other programs that require increased supervision.
Global positioning system (GPS) technology is also used to monitor sex offenders, gang members who pose a high risk of re-offending, and offenders who present special circumstances. GPS data is advantageous because it can be used to map geographic locations, assisting a parole agent’s ability to more intensively supervise high-risk offenders.
A parolee may be required to stay away from the victim of their crime and to stay away from other specific locations.
Can You Be Sent Back to Prison After Parole in California?
Parole is a conditional release from prison. An inmate granted parole must follow the rules imposed on their parole or face the possibility of returning to prison to complete their sentence.
Parole comes with conditions and some of the most common are as follows:
- The parolee must check in on a regular basis with their parole officer.
- The parolee must register with their local police department.
- The parolee may not own any weapons.
- The parolee is subject to searches of their home and property.
- The parolee may not consume or possess controlled substances or alcoholic beverages.
- The parolee must remain in California unless their parole officer gives them permission to leave.
Those convicted of sex crimes may be prohibited from accessing the internet, viewing sexually explicit materials, and contacting victims. They may have to participate in therapy.
An offender who violates the rules and conditions of their parole may face a range of penalties. Generally, an offender’s parole officer reports any violation to their supervisor, which is the BPH. The inmate’s parole officer makes a recommendation based on the situation. They may ask the BPH to allow the offender to continue on parole or to revoke the parole. If parole is revoked, the offender must return to prison and serve out their remaining sentence.
What Do “Good Time Credits” Mean in California?
There are 2 kinds of good time credits, as explained above, and the rate at which an inmate earns GCT depends on the nature of the offense for which they were sentenced to serve time in prison and the type of prison in which they are incarcerated.
Do You Need a California Lawyer for Help With Early Release?
If you are in prison and are hoping to speed up the date of your release, or if you have a relative who is incarcerated, you want to talk to a California criminal defense lawyer. Your lawyer can tell you about the options you have to reduce your time.
They can tell you if you are eligible for parole and guide you through the parole process if you might be eligible. Your lawyer will protect your interests and may know about options of which you are not aware for getting out before you have served the full time to which you were sentenced.
