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Who will have a parole hearing?

Learn who is eligible for parole hearings, and how parole eligibility can change.

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The following people may be eligible for release through the parole hearing process:

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Incarcerated people sentenced to an “indeterminate” term (such as 15-years-to-life or 25-years-to-life). These sentences are essentially life with the possibility of parole sentences, although they are often called “life” sentences. These people start having parole hearings after they have served a minimum number of years in prison, as required by the sentence imposed by the court. Learn more about this kind of sentence here.

Incarcerated people who were under age 26 at the time of their crime, and who have served a minimum of 15, 20, or 25 years, may be eligible for a Youth Offender Parole Hearing. These people may have originally been sentenced to either an “indeterminate” sentence or a “determinate” sentence. Information about Youth Offender Parole is available here.

A Youth Offender Parole Hearing requires the California Board of Parole Hearings (Board) to consider factors related to their age at the time of the crime. More information about how the Board considers these factors is available here.

Incarcerated people who are age 50 and have served 20 years, or are age 60 and have served 25 years, may be eligible for an Elderly Parole Hearing. These people may have originally been sentenced to an “indeterminate” sentence or a “determinate” sentence. Information about Elderly Parole is available here.

An Elderly Parole Hearing requires the Board to consider an additional set of factors at the hearing, including how the person’s age affects their level of risk. More information about how the Board considers these factors is available here.

Incarcerated people who were originally sentenced to life without the possibility of parole (LWOP) for a crime that occurred when they were 16 or 17 years old. Most people with this sentence are now eligible for a Youth Offender Parole Hearing once they have served 25 years in prison.

Incarcerated people who were originally sentenced to the death penalty or LWOP and who received a commutation of sentence by the Governor, or who were resentenced by a court, to a parole-eligible sentence.

Note: It is uncommon for a person with a death penalty or LWOP sentence to have their sentence commuted.

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Changes to Parole Eligibility

In recent years, there have been many changes to sentencing and parole laws in California that affect eligibility for parole, and when parole hearings occur.

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Can a person who was NOT originally eligible for parole become eligible for the parole hearing process?

Yes. In some instances, a person who was not originally eligible for release through the parole hearing process can become eligible. Importantly, everyone whose release occurs through the parole hearing process must show they are not a current danger to society.

Changes in parole eligibility can happen in the circumstances below. Information about when parole hearings will happen in these cases is available here.

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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.

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Understandably, a change in parole eligibility can be shocking and even traumatizing to victims/survivors who never thought they would have to face the prospect of participating in a parole hearing, or think about the person who caused harm in their case being released. We encourage victims/survivors to access resources and support available them.

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Can a person become eligible for an earlier hearing/release than they were originally sentenced to?

Yes. A person who was originally eligible for parole can become eligible for an earlier hearing/release. This can occur in the following circumstances.

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“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.

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Can a person who originally could only be released through the parole hearing process become eligible for release without a parole hearing?

Yes. A person who originally received an “indeterminate” sentence (which required them to go through the parole hearing process to be released) can become eligible for release without a parole hearing. This can occur in the circumstances below.

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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.

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I did not think the person in my case could ever be released.

Many victims/survivors were told at the time of sentencing that the person who caused harm in their case would never be released from prison. In most cases, this information was correct at the time of trial and sentencing. But through changes in parole and sentencing laws, many more incarcerated people are now eligible for release through the parole process.

Prior to 2008, most people with an indeterminate sentence had almost no chance of being released through the parole hearing process. In recent years, due to changes in law, many more people are being granted parole at their hearings.

Many victims/survivors are understandably shocked to learn that the person who caused harm in their case is having parole hearings and is eligible for release. This website provides information to help victims/survivors navigate the parole process and access the resources and support available to them.

More information about why people are eligible for release through the parole hearing process is available here.

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We know it can be difficult to get information and stay up to date on these changes. We also know that victims/survivors have many different opinions about these changes. This story by KQED discusses these different perspectives.

We encourage victims/survivors to reach out for the resources/support available to them.

Learn more