Parole Hearings: Procedures, Protocol, Parole Decision

The following article should be more of a review, rather than a primer, concerning what happens in a parole hearing.  This is so because six years before a person’s Minimum Eligible Parole Date (MEPD), a Board of Parole Hearing commissioner or deputy commissioner must meet with a prisoner to review their prison activities and behavior in prison and make recommendations regarding programming to help that person stand the best chance at one’s first parole board hearing.  This meeting is called a “consultation hearing.”

The prisoner’s first parole hearing must be held one year before one’s MEPD.  Penal Code § 3041(a).

It merits mention that if a prisoner wants to have an attorney appointed to represent him or her at the hearing, the attorney must be appointed 120 days prior to parole hearing.  Penal Code § 3041.7; 15 C.C.R. § 2256.

Prior to this hearing, a psychologist employed by the Board of Parole Hearing’s Forensic Assessment Division (FAD) will conduct a psychological evaluation of the person, known as a Comprehensive Risk Assessment (CRA), which will be made into a report.  The report discusses the inmate’s social history and family background, prior juvenile and adult criminal record, mental health and substance abuse history, disciplinary and programming record in prison, and any documented parole plans.  The psychologist will also report on the inmate’s demeanor and attitude toward his commitment offense and other pertinent events.  Most importantly, the psychologist will evaluate the person’s potential to commit future violent crimes.

A person scheduled for a parole hearing should receive a copy of the CRA report at least 60 days prior to the scheduled parole hearing date  in order to address any factual errors no later than 10 days before the parole hearing date.

In addition to the CRA report, the prisoner’s attorney should receive access to the Master Board of Parole Hearing (BPH) Packet, containing key documents in the prisoner’s Central File.  Roughly 65 days prior to the hearing date, the Maser Packet is made available to the prisoner’s attorney and to the district attorney representing the county in which the person was convicted.

The Master BPH Packet contains the Legal Status Summary showing every transfer and major classification change since the person has been incarcerated with CDCR.  The Legal Section will contain the abstract of judgment showing the sentence and any appellate court decisions reviewing the conviction.  The Disciplinary section includes any Rule Violation Reports (115’s) and Custodial Counseling Chronos (128A’s) for less serious forms of misconduct.  It also includes General Chronos with laudatory reports.  The Miscellaneous section contains certifications for educational milestones, self-help participation and vocational training.  The Confidential section contains information on gang affiliations, information concerning the inmate’s co-defendants and other sensitive information.

The inmate’s attorney should work with the client to develop parole plans and get letters of support from family, friends and organizations to confirm the plans.

An attorney can also submit a parole suitability brief, but it is important to note there is a 20-page limit on such a filing.  The attorney should submit a copy to the BPH Desk and the BPH Lifer Scheduling Analysts and bring three copies to the hearing. 

The hearing itself is usually conducted by a three-person panel, although it is permitted to have just two people as long as one is a commissioner and the other one is a deputy commissioner.

The inmate has the right to appear in person at the hearing.

The hearing often starts by discussing the person’s social and criminal history prior to the commitment offense.  This discussion is called the “pre-conviction” factors discussion and it usually relies heavily on the CRA report.

The panel then discusses the commitment offense  The facts of the crime carry the greatest weight at the hearing, including the surrounding circumstances. 

The panel then discusses the person’s prison behavior and programming, including how the inmate has taken advantage of opportunities in education, vocational training, charitable activities and self-help programs.

Lastly, the panel will discuss the inmate’s parole plans.  The panel will want to know if the inmate has realistic plans for post-release life and whether he has developed marketable skills that can be put to use upon release.  In re Andrade (2006) 141 Cal. App. 4th 808, 817-818 (where it was highly probable that person with immigration hold would be deported to Mexico upon release, it was error for the BPH to deny parole because the person did not have parole plans in both Mexico and California).

Generally, a hearing panel will feel more comfortable granting parole if a person has confirmed arrangements to live in a transitional housing program for at least six months after they are released.  Otherwise, the person may have to demonstrate to the hearing panel that their expected living environment will be stable, safe and crime-free.

After the hearing ends, the BPH commissioners will send everyone else out of the room so they can deliberate.  Deliberations can take a few minutes to more than an hour.  The commissioners will then call the parties back into the hearing room and state their decision along with their reasoning.  Their decision will either be a grant of parole, a denial of parole or a tie vote.

The BPH will send the written decision to the person within 20 days of the hearing.  Penal Code § 3041.5(b)(2). 

A parole grant will not become final for 120 days, to allow review by the full BPH and, in some cases, another 30 days to allow review by the Governor.  Penal Code § 3041(b)(2).

If parole is denied, the BPH will schedule the next hearing 3, 5, 7, 10, or 15 years later, depending upon BPH findings concerning public safety and victim safety.

This article would not have been possible without the excellent work of the Prison Law Office in authoring the California Prison and Parole Law Handbook.