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When will the parole hearing happen?
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The timing of a parole hearing depends on the type of sentence and parole eligibility laws.
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“Indeterminate” Sentences
Incarcerated people with indeterminate sentences become eligible for a parole hearing once they have served their minimum term, minus any credit for good conduct and/or rehabilitative programming. Their first parole hearing is scheduled one year prior to the end of their minimum term. They cannot be released until they have served their minimum term, minus any credits.
Note: Some people with indeterminate sentences became eligible for earlier hearings/release through a Youth Offender Parole Hearing or Elderly Parole Hearing, which are discussed below.
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“Determinate” Sentences
Some incarcerated people with long determinate sentences are eligible for release through a Youth Offender Parole Hearing during their 15th year of incarceration. Their first hearing will be scheduled 6 months after that eligibility date.
Most incarcerated people with long determinate sentences are eligible for release through an Elderly Parole Hearing once they are 60 years old and have served 25 years, or once they are 50 years old and have served 20 years, depending on the case. Their first parole hearing will be scheduled 6 months after that eligibility date.
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Death Penalty and LWOP Sentences
Many incarcerated people who were originally sentenced to life without the possibility of parole (LWOP) for a crime that that occurred when they were 16 or 17 are eligible for release through a Youth Offender Parole Hearing once they have served 25 years. Their first hearing will be scheduled 6 months after that eligibility date.
If a person was originally sentenced to the death penalty or LWOP, and they are resentenced or their sentence is commuted, the new sentence will determine their parole eligibility and when their first hearing will occur.
Note: It is rare for a person with a death penalty or LWOP sentence to have their sentence commuted.
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Youth Offender Parole Hearings
People who qualify for a Youth Offender Parole Hearing are eligible for release through the parole hearing process once they have served 15, 20, or 25 years in prison, depending on the case. Their first hearing will be scheduled 6 months after that eligibility date.
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Elderly Parole Hearings
People who qualify for an Elderly Parole Hearing are eligible for release through the parole hearing process once they are 50 years old and have served 20 years, or they are 60 years old and have served 25 years, depending on the case. Their first hearing will be scheduled 6 months after that eligibility date.
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What if a person is eligible for a parole hearing under more than one category?
If a person is eligible for a parole hearing under than more than one category listed above, their first hearing will be scheduled based on the eligibility that gives them the earliest hearing.
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How do I know if/when there is a hearing?
Find out if there is a scheduled hearing in your case.