Board of Parole (Lifer) Hearings in California – How It Works

A lifer hearing is where the California Board of Parole Hearings (BPH) decides whether an inmate sentenced to an indeterminate term may be suitable for parole. “Indeterminate terms” are sentences that carry a possible life sentence, such as “life with the possibility of parole” and “20 years to life.”

Inmates can have an attorney represent them at their lifer hearing. Meanwhile, a prosecutor is usually present to argue against the inmate being paroled, and any victims of the inmate’s crimes are entitled to be present and heard.

Our California criminal defense attorneys will explain the following in this article re. lifer hearings:

• 1. Eligibility
• 2. What happens at a lifer hearing?
• 3. Preparations
• 4. What BPH Looks At
• 5. Unsuitability Factors
• 6. Nonviolent 3rd-Strikers
• 7. Victims’ Rights
• 8. Can BPH change its mind?
• 9. Parole Conditions
• 10. Appeals
• 11. Contact the BPH
• 12. BPH Forms
• Additional Reading

1. Eligibility

California inmates serving an indeterminate sentence get a tentative date for a parole suitability hearing (“lifer hearing”) one year before their earliest eligible parole date. In general, inmates serving an indeterminate sentence become eligible for parole when:

• They have served any determinate part of the sentence (the lower end of the sentence, if there is one), or
• They have served seven years in state prison if their sentence is purely indeterminate (“life with the possibility or parole”).

There are different eligibility rules for young, old, and nonviolent third-strike inmates serving indeterminate sentences, as discussed below.

Youthful Parole

Inmates sentenced for California crimes committed before they turned 26 are eligible for a lifer hearing when:

• They have served 20 years if they are serving an indeterminate term of less than 25 years to life; or
• They have served 25 years if they are serving an indeterminate term of greater than 25 years to life.

Note that these inmates do not get the same type of lifer hearing that other offenders do; there is a modified process where the parole board gives great weight to the inmate’s young age at the time of the crime.

Elderly Parole

Older inmates may get a lifer hearing in California if either:

• They reach age 50 and have served 20 years in prison; or
• They reach age 60 and have served 25 years in prison.¹

Nonviolent 3rd-Strike Offenders

Inmates sentenced for a nonviolent third-strike crime get a lifer hearing once they complete the maximum sentencing term of that nonviolent third-strike offense. (This is discussed in more detail below in section 6.)

2. What happens at a lifer hearing?

California lifer hearings are like mini-trials where the inmate (or their attorney) argues for their parole. The panel which decides the inmate’s suitability consists of three BPH members (no more than one can be a deputy commissioner).

Also present is the district attorney, who usually opposes parole. Any victims of the inmate (whether from the current case or past felonies) may attend as well. Although the public cannot attend, people can submit statements in support of or opposing parole.

At the lifer hearing, the panel discusses such matters as the inmate’s

• Criminal history,
• State of mind while carrying out the “commitment offense” (the crime the inmate is in prison for),
• Prison record and whether they used their time productively, and
• Plan for work, home, and treatment if they get parole.

This is where letters of support from the inmate’s family can be helpful. If the inmate had prior lifer hearings, the panel will also ask what has changed that makes the inmate more suitable for parole.

The District Attorney then speaks for or against parole but never questions the inmate. The inmate’s attorney can also speak and ask the inmate questions that show them in a positive light. The lifer hearing ends with closing statements by the:

• D.A.,
• Inmate’s attorney,
• Inmate, and/or
• Victim(s).

The panel consults and makes a decision right away. Unless the inmate poses an “unreasonable risk of danger” to the public, the panel should find the inmate suitable for parole and set a release date. The panel can attach special conditions to parole (such as electronic monitoring) in order to protect public safety.

If the panel finds the inmate unsuitable for parole, it must state its reasons. If the reason is due to the current crime or past conduct, the panel must recite what aggravating factors led to their decision and how the inmate’s misconduct indicates that they are too dangerous to release.

The panel will then set a tentative date for the next parole suitability hearing in three, five, seven, 10 or 15 years: Which date they choose turns on considerations of the victim’s safety and public safety.²

Note that inmates can remain quiet during lifer hearings, though panels usually hold silence against them.

3. Preparations

Ideally, inmates in California should start preparing for their lifer hearing as soon as they get incarcerated. Examples include completing relevant jail programs and counseling, being a model inmate, journaling their progress for their attorney, and relying on coping tools to avoid relapsing in any way.

We often recommend that inmates write an “unsent letter” to the victim expressing their remorse in order to show their empathy and acceptance of responsibility. Even artwork or a song expressing remorse could be very persuasive at the lifer hearing.

In the sixth year prior to the inmate’s minimum eligible parole date, the BPH consults with the inmate to:

• Review and document activities pertinent to parole eligibility,
• Provide information on the parole hearing process, suitability/unsuitability factors, and individualized recommendations for work, programs, and institutional behavior, and
• Highlight the importance of this meeting as a “gold” opportunity for inmates to tailor their future conduct to address any negative findings and enhance their chances of parole.

About four to six months before the lifer hearing, the BPH’s Forensic Assessment Division (which includes psychologists) carries out a “Comprehensive Risk Assessment” (CRA) to calculate if the inmate has a low, moderate, or high risk of committing violent offenses in the future. Inmates can elect not to participate in this psychological evaluation, though that limits what information the BPH can go on when deciding suitability.

No later than 60 days prior to the lifer hearing, the BPH gives the inmate a “Master Packet” containing all the data it will consider when calculating whether the inmate is suitable for parole. Some of the documents included in this packet are:

• The inmate’s criminal history,
• A case summary,
• Disciplinary records at the prison,
• A record of all the positive things the inmate did, such as educational classes, self-help programs, or other work,
• The Comprehensive Risk Assessment (if the inmate participated),
• Letters supporting parole, and
• Letters opposing parole.

These documents come from the inmate’s Central File, which holds more in-depth information about their case and behavior in prison. Inmates may make an “Olsen review request” to their correctional counselor in order to obtain any non-confidential materials in the Central File; the purpose is to check that all the documents favorable to them made it into the Master Packet.

Any confidential documents that are withheld from the inmate are noted on Form 810, a comprehensive record of all Central File additions. An inmate’s only means of preparing a response to such confidential materials, which are accessible to the BPH, is to review Form 810 and hopefully remember what they refer to.

Ten days before the lifer hearing, inmates are provided a “Ten-Day Packet.” This includes statements from the prosecutor, police, and/or victims. Since this is negative information, it is important that the inmate and their attorney meet and go over how to respond to these documents during the hearing. The attorney should also prepare the inmate for what will happen at the lifer hearing and how to maximize their odds of success.

4. What BPH Looks At

In order to determine whether an inmate is ready for parole in California, the board at a lifer hearing considers eligibility factors that include:

• All of the circumstances of the “commitment offense,” including the motive,
• Whether the inmate acted out of Battered Woman Syndrome or Intimate Partner Battering, or to what extent stress played a role,
• The inmate’s level of remorse for the crime and if/how they are seeking to help the victims, acknowledge their guilt, and repair what they damaged,
• The inmate’s behavior in prison (both positive and negative),
• The inmate’s involvement in in-house counseling, treatment/rehab/self-help programs, educational classes, work assignments, and vocational training,
• Whether the inmate took programs specifically aimed at treating what caused their criminal behavior, such as drug addiction, gang involvement, sexual deviancy, or domestic violence,
• Psychological and counseling reports,
• The inmate’s age,
• The inmate’s social history,
• The inmate’s criminal history,
• The inmate’s juvenile history, particularly with regard to violence,
• The inmate’s parole plans (how the inmate plans to re-enter the community — where they will live and work, how they plan to remain productive, sober, etc.), and
• Input from the victim, the victim’s family members, and/or any other representatives speaking on the victim’s behalf.³

5. Unsuitability Factors

In California, some factors that suggest an inmate may be unsuitable for parole include (but are not limited to) are that they:

• Have an unstable social history or volatile relationships,
• Have a prior record of violence or sadistic sex crimes,
• Have an extensive criminal history (which can include juvenile delinquencies),
• Have a criminal history showing a pattern of increasing violence,
• Caused the victim in their crime to get injured (or threatened with injury),
• Played a central role in the crime,
• Committed misconduct while in jail or prison,
• Used a deadly weapon in the commission of their crime,
• Have a history of serious mental/psychological issues related to their crime,
• Lack remorse and accountability, and/or
• Lack “insight,” which means they fail to understand the factors contributing to their criminal behavior and how to remedy it,
• Committed their crime in a particularly cruel or heinous manner, such as:
  • using torture or mutilation,
  • being uncaring about the victims’ suffering,
  • having a trivial or nonsensical motive,
  • hurting multiple victims, and/or
  • employing a degree of violence excessive for the crime.⁴

Unless the board determines at the lifer hearing that these factors outweigh public safety, the board is required to parole those inmates who are now eligible for parole.⁵

6. Nonviolent 3rd-Strikers

A recent California court decision ruled that indeterminately-sentenced nonviolent third-strike offenders are now eligible for parole consideration.⁶

To qualify as an “indeterminately-sentenced nonviolent third-strike offender,” the offender must be sentenced to an indeterminate term and must meet the following criteria:

• Not condemned to death,
• Not serving life without the possibility of parole,
• Not serving a sentence for a violent felony under California Penal Code 667.5 PC,
• Not serving a determinate term prior to beginning a life term for a violent felony,
• Not serving a term for a nonviolent felony after completing a concurrent determinate term for a violent felony,
• Not currently sentenced for a violent felony for an in-prison offense, and
• Not completed an indeterminate term and is currently serving a determinate term for an in-prison offense.⁷

7. Victims’ Rights

At lifer hearings in California, the BPH must:

• Listen to the entire and uninterrupted testimony (“victim impact statement”) of the victim, victim’s family, and victim’s representatives,
• Allow victims, a victim’s family, and the victim’s representatives to attend parole board hearings without being questioned by the inmate or their attorney, and
• Consider a victim’s safety in determining whether to grant, deny, or rescind parole.⁸

Learn more about victim notification at California’s Office of Victim & Survivor Rights & Services.

8. Can BPH change its mind?

Yes. The BPH’s Decision Review Unit has 120 days to reverse or modify the panel’s decision. This typically happens only if the Unit finds that the panel made errors of law or fact. Once 120 days pass, the panel’s decision is considered final.

However, the California governor has until 90 days before the inmate’s scheduled release date to refer the case back to the BPH for reconsideration by a nine-person panel (“en banc review”). In murder cases, the governor has 60 days after the panel’s decision becomes final to modify or reverse the decision without a hearing.⁹

9. Parole Conditions

Once placed on parole in California, a “parolee” must abide by certain conditions and requirements. Some of the most common parole terms include:

• Consenting to be searched at any time without a search warrant;
• Abstaining from drugs and alcohol;
• Staying away from the victim;
• Agreeing to live within designated county limits and registering with local authorities; and/or
• Attending counseling and rehab.

Violating these conditions triggers a parole revocation hearing. The state has the burden to prove “by a preponderance of the evidence” that the parolee violated parole. This is a much lower bar than “beyond a reasonable doubt,” the standard in criminal trials.

People who get their parole revoked are remanded into custody to serve out their sentence. However, they can appeal to the BPH and possibly the courts.

10. Appeals

Lifer hearings are not appealable in California. However, inmates can challenge the denial through a petition for habeas corpus.

11. Contact the BPH

The BPH can be reached at:

Board of Parole Hearings
Post Office Box 4036
Sacramento, CA  95812-4036
Phone:  916-445-4072

The board is comprised of 17 members who are appointed by the California Governor and confirmed by the California State Senate.

12. BPH Forms

• Application for Release of Information
• Certificate of Rehabilitation
• Hearing Rights form
• Inmate or Parolee to Complete before Hearing
• Notice and Request for Assistance at Parole Proceedings
• Notice of Filing of Petition for Certificate of Rehabilitation Pardon
• Notice of Hearing Rights
• Petition for Certificate of Rehabilitation and Pardon
• Petition to Advance Hearing Date

Helpful Links:

• California Department of Corrections and Rehabilitation (cdcr.ca.gov)
• California Parole Hearing Schedules
• Clemency and Pardons, Office of the Governor (California)
• Victim Services Unit, California Department of Justice

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• The Future of Parole Release – Crime and Justice.
• What Factors Affect Parole – A Review of Empirical Research – Federal Probation.
• Predicting Parole Success – Journal of American Institute of Criminal Law & Criminology.
• The Role of Race and Ethnicity in Parole Decisions – Criminology.
• The “New Parole”: An Analysis of Parole Board Decision Making as a Function of Eligibility – Journal of Crime and Justice.

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