Factors to Discuss for Determining Parole Suitability

In our practice, we have received many calls from folks in prison approaching a parole hearing or a family of such a person and heard many opinions why the prisoner is a worthy candidate for parole. Often, such reasons involve how many letters of support the prisoner has, or an argument that the jury made a mistake, or the sentence was far too harsh for the crime committed.

Such arguments at a parole hearing may not have as much success if they are not presented within the context of what a parole board must consider, which is why this article is presented.

As of 2016, the Board of Parole Hearings has been granting parole in about 30 percent of cases and the Governor reverses about 13.5 percent of those grants. Board of Parole Hearings, Workload Summary for the Calendar Year 2016; Young, Mukamal and Favre- Bulle, Predicting Parole Grants: An Analysis of Suitability Hearings for California’s Lifer Inmates (2016), 28 Federal Sentencing Reporter 4, pp. 268-277.

Under Penal Code § 3104(b), “[t]he Board shall set a release date unless it determines that the gravity of the current convicted offense, or the timing and gravity of current or past convicted offense or offenses is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.”

The Board of Parole Hearing regulations similarly state that a prisoner will be found unsuitable for parole if the Board of Parole Hearings finds the prisoner would “pose an unreasonable risk of danger to society if released from prison.” 15 C.C.R. § 2281(a); 15 C.C.R. § 2402(a); 15 C.C.R. § 2422(a); 15 C.C.R. § 2432(a).

It is important to note that the Board of Parole Hearings has separate regulations that apply to specific types of life sentences. 15 C.C.R. §§ 2300-2329 applies to offenses committed before July 1, 1977. 15 C.C.R. §§ 2280 – 2292 applies to offenses committed on or after July 1, 1977, except those covered by other regulations. 15 C.C.R. §§ 2400 – 2411 cover first and second degree murder committed on or after January 1, 1978. 15 C.C.R. §§ 2430-2439 cover people convicted of sex offenses sentenced under Penal Code § 667.51 (the “One Strike Law”). 15 C.C.R. §§ 2 420 – 2429 covers prisoners listed as “habitual offenders” sentenced under Penal Code § 667.7. 15 C.C.R. §§ 2400 – 2411 covers people convicted of attempted murder of a peace officer or firefighter committed after January 1, 1987. It merits mention that despite such seemingly specific regulations for various groups of individuals, the standard for parole suitability and the factors considered are basically identical for all groups.

A decision regarding parole suitability shall take into account all relevant and reliable information. 15 C.C.R. §§ 2281(b); 15 C.C.R. §§ 2316; 15 C.C.R. §§ 2402(b).

Factors that end to indicate unsuitability for parole include:

Factors that tend to show suitability for parole include:

This article presents information gleaned from many sources, but the most information was from the Prison Law Offices’ “California Prison and Parole Law Handbook,” Chapter 9, which is a great resource we strongly recommend anyone reading this article consult for more detailed information.