Who will have a parole hearing?

The United States Supreme Court has held that certain extreme sentences violate the U.S. Constitution’s prohibition against “cruel and unusual punishment” when imposed for crimes committed under the age of 18.

In California, most people who were sentenced to LWOP for crimes that occurred when they were 16 or 17 years old are now eligible for release through the parole hearing process.

Some people – including those originally sentenced to the death penalty or LWOP – can be resentenced by a court if the court finds, for example, that their sentence was excessive or not in the interest of justice. This is also known as “second look” sentencing, and it allows the court to revisit an incarcerated person’s sentence and reduce it if the court determines a different sentence is appropriate. 

Resentencing can happen in various circumstances. As one example, in recent years, the California Legislature has passed laws allowing District Attorney’s Offices and the California Department of Corrections and Rehabilitation (CDCR) to review and submit old sentences for possible resentencing.

Resentencing can result in a person whose original sentence was not parole eligible becoming eligible for release through the parole hearing process.

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (that is, a reduction of sentence) from the Governor. This can dramatically change or reduce someone’s sentence – including changing sentences from LWOP or the death penalty to a sentence that makes them eligible for the parole hearing process.

In deciding whether to grant a commutation, the Governor’s Office considers the following: 

• The impact of a commutation on the community, including considerations of public safety and the interests of justice 
• The circumstances of the crime, how long ago it occurred, the sentence imposed, and the applicant’s age at the time of the crime
  
• The incarcerated person’s rehabilitation and conduct since the crime
• The incarcerated person’s need for a commutation
• The incarcerated person’s plans for release

While commutations have become more common in recent years, they are still quite rare.

Following decisions by the United States Supreme Court and the California Supreme Court, the California Legislature created the Youth Offender Parole process.

Under this process, many people with lengthy “determinate” sentences (which do not require a parole hearing for release) became eligible for release through a Youth Offender Parole Hearing.

Qualified youth offenders with a determinate sentence of more than 16 years are eligible for release through a Youth Offender Parole Hearing.

More information about Youth Offender Parole is available here and on the CDCR website. More information about determinate sentences is available here.

The United States Supreme Court found that the California prison system was violating the U.S. Constitution’s prohibition against “cruel and unusual punishment” given overcrowding and the failure to provide adequate medical care to incarcerated people. In 2014, the three-judge panel in the Plata/Coleman v. Newsom class action lawsuits ordered CDCR to create an Elderly Parole process. In 2017, the California Legislature expanded this process.

Under the Elderly Parole process, many people with lengthy “determinate” sentences (which do not require a parole hearing for release) became eligible for release through an Elderly Parole Hearing.

More information on Elderly Parole is available here and on the CDCR website. More information about determinate sentences is available here.

“Credit earning” allows incarcerated people to reduce the amount of time they have to serve (or the amount of time before they start the parole hearing process) by engaging in “good conduct” and/or participating in education, vocational training, or rehabilitative programs.

In 2016, California voters overwhelmingly passed Proposition 57: The Public Safety and Rehabilitation Act of 2016. Under Prop 57, incarcerated people have been further incentivized to engage in rehabilitation programming and good behavior through increased credit-earning opportunities. There are a few categories of credits:

• Good Conduct Credit
• Milestone Completion Credits
• Rehabilitative Achievement Credits
• Educational Merit Credits 

In 2016, California voters overwhelmingly passed Proposition 57: The Public Safety and Rehabilitation Act of 2016. Prop 57 created a process for parole hearing consideration for some people convicted of nonviolent crimes. Under this process, people who received an “indeterminate” sentence as a third strike for a nonviolent crime (i.e., “nonviolent third strikers”) are eligible for the parole hearing process once they have served the full term of their primary offense, instead of having to wait longer.

California’s Penal Code currently has around 150 different sentencing “enhancements,” which add time to a person’s prison sentence. These can add time (from 1 additional year to an “indeterminate” term) to a person’s sentence.

Many new laws have changed when these enhancements can be imposed. Most of these laws are NOT “retroactive” – that is, they only apply to new cases and do not apply to people who have already been sentenced and are currently in prison. But some are retroactive.

The removal of a sentencing enhancement can reduce the amount of time a person must serve in prison before release (or the amount of time until they can have their first parole hearing).

Following decisions by the United States Supreme Court and the California Supreme Court, the California Legislature create the Youth Offender Parole process.

Under this process, many people with lengthy sentences became eligible to start the parole hearing process and be released sooner.

More information about Youth Offender Parole is available here and on the CDCR website.

The United States Supreme Court found that the California prison system was violating the U.S. Constitution’s prohibition against “cruel and unusual punishment” given overcrowding and the failure to provide adequate medical care to incarcerated people. In 2014, the three-judge panel in the Plata/Coleman v. Newsom class action lawsuits ordered CDCR to create an Elderly Parole process. In 2017, the California Legislature expanded this process.

Under this process, many people with lengthy sentences became eligible to start the parole hearing process and be released sooner.

More information on Elderly Parole is available here and on the CDCR website. 

Some people can be resentenced by a court if the court finds, for example, that their sentence was excessive or not in the interest of justice. This is also known as “second look” sentencing, and it allows the court to revisit an incarcerated person’s sentence and reduce it if the court determines a different sentence is appropriate. 

Resentencing can happen in various circumstances. As one example, in recent years, the California Legislature has passed laws allowing District Attorney’s Offices and the California Department of Corrections and Rehabilitation (CDCR) to review and submit old sentences for possible resentencing.

Resentencing can result in a person who originally received a parole-eligible sentence becoming eligible for an earlier hearing/release.

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (that is, a reduction of sentence) from the Governor. This can dramatically change or reduce someone’s sentence – including reducing someone’s parole-eligible sentence so they are eligible for an earlier hearing/release.

In deciding whether to grant a commutation, the Governor’s Office considers the following: 

• The impact of a commutation on the community, including considerations of public safety and the interests of justice 
• The circumstances of the crime, how long ago it occurred, the sentence imposed, and the age of the applicant at the time 
• The incarcerated person’s rehabilitation and conduct since the offense
• The incarcerated person’s need for a commutation
• The incarcerated person’s plans for release

While commutations have become more common in recent years, they are still quite rare.

Some people can be resentenced by a court if the court finds, for example, that their sentence was excessive or not in the interest of justice. This is also known as “second look” sentencing, and it allows the court to revisit an incarcerated person’s sentence and reduce it if the court determines a different sentence is appropriate. 

Resentencing can happen in various circumstances. As one example, in recent years, the California Legislature has passed laws allowing District Attorney’s Offices and the California Department of Corrections and Rehabilitation (CDCR) to review and submit old sentences for possible resentencing.

Resentencing can result in a person who originally had an “indeterminate” sentence (that is, they had to go through the parole hearing process to be released) being resentenced to a “determinate” sentence that allows them to be released without a hearing. In some cases, the person’s sentence could be reduced to a determinate term for an amount of time they have already served, and they will be eligible for release immediately.

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (that is, a reduction of sentence) from the Governor. This can dramatically change or reduce someone’s sentence – including reducing someone’s parole-eligible sentence to a sentence that allows them to be released without a parole hearing. In some cases, the person’s sentence could be reduced to a determinate term for an amount of time they have already served, and they will be eligible for release immediately.

In deciding whether to grant a commutation, the Governor’s Office considers the following: 

• The impact of a commutation on the community, including considerations of public safety and the interests of justice 
• The circumstances of the crime, how long ago it occurred, the sentence imposed, and the age of the applicant at the time 
• The incarcerated person’s rehabilitation and conduct since the offense
• The incarcerated person’s need for a commutation
• The incarcerated person’s plans for release

While commutations have become more common in recent years, they are still quite rare.

One specific basis for resentencing is Penal Code § 1172.6.

In 2018, the Legislature passed Senate Bill 1437, changing California’s “felony murder rule” – a rule that allows people to be convicted of murder when they participated in a dangerous felony but were not the actual killer. The legislation included a retroactive provision to allow resentencing for people who had previously been convicted under the felony murder rule. In some cases, people are eligible to be resentenced from an “indeterminate” sentence (requiring them to go through the parole hearing process to be released) to a “determinate” sentence that allows them to be released without a parole hearing. In some cases, the person’s sentence could be reduced to a determinate term for an amount of time they have already served, and they will be eligible for release immediately.

If an incarcerated person is able to go back to court and overturn their conviction, they will be eligible for immediate release from prison.

Exoneration is exceptionally rare.