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

A lifer hearing is conducted by the California Board of Parole Hearings (BPH) to decide whether an inmate sentenced to an indeterminate term (such as “life with the possibility of parole” or “20 years to life”) is suitable for parole.

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.

Factors the BPH considers when determining whether to grant parole include:

• the circumstances of the inmate’s crime,
• the inmate’s level of remorse, and
• the inmate’s behavior in prison.

If the BPH allows an inmate to become a parolee, they must abide by certain conditions such as:

• agreeing to live in designated county limits,
• agreeing to register with local authorities, and
• consenting to be searched at any time without a search warrant.

Violating these conditions triggers a parole revocation hearing, and the parolee may be remanded into custody to serve out their sentence.

Our California criminal defense attorneys will explain the following in this article:

• 1. Who is eligible for a lifer hearing?
• 2. What happens at a lifer hearing?
• 3. How do inmates prepare for lifer hearings?
• 4. What does the parole board look at?
• 5. What are some factors that may make an inmate unsuitable for parole?
• 6. What about indeterminately-sentenced nonviolent offenders?
• 7. Do victims have rights during lifer hearings?
• 8. Can the parole board change its mind?
• 9. What are parole conditions and requirements?
• 10. Can inmates appeal if denied parole?
• 11. How do I contact the California parole board?
• 12. Board of Parole Hearing forms

1. Who is eligible for a lifer hearing?

California inmates serving an indeterminate sentence get a tentative date for a parole suitability hearing one year before their earliest eligible parole date.¹ 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:

Youthful Parole

Inmates sentenced for 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 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.

Nonviolent Third-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.

2. What happens at a lifer hearing?

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 the inmate’s criminal history and what factors determine suitability. The panel then turns to the “commitment offense” and asks the inmate questions about their state of mind and other details.

The panel next discusses the inmate’s prison record and whether they used their incarceration time productively. Eventually the panel asks the inmate about their plans for work, home, and treatment should they be granted 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. How do inmates prepare for lifer hearings?

Prior to their tentative date for their parole suitability hearing, inmates consult with the BPH about what classes and programs they can take to increase their odds of being found suitable for parole.

Afterwards, the BPH’s Forensic Assessment Division carries out a “Comprehensive Risk Assessment” 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
• Letters opposing parole

Note that the BPH will also consider the contents of the inmate’s Central File, which holds more in-depth information about their case and behavior in prison.

The inmate’s attorney should meet with the inmate prior to the lifer hearing to go over the Master Packet and any non-confidential documents in the Central File. The attorney should also prepare the inmate for what will happen at the lifer hearing and to maximize their odds of success.

4. What does the parole board look at?

In order to determine whether an individual is ready for parole, the board at a lifer hearing considers eligibility factors that include:³

• All of the circumstances of the “commitment offense” (the crime for which the inmate was given the life sentence),
• The inmate’s level of remorse for the crime,
• 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 criminal history,
• 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.

5. What are some factors that may make an inmate unsuitable for parole?

Some of the factors that may render an inmate unsuitable for parole include (but are not limited to) are that they:⁴

• Committed in a particularly cruel or heinous manner,
• Have an unstable social history,
• 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,
• Used a deadly weapon in the commission of their crime,
• Engaged in serious misconduct while in prison, and/or
• Lack remorse and accountability.

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. What about indeterminately-sentenced nonviolent third-strike offenders?

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 as defined by California Penal Code 667.5,
• 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. Do victims have rights during lifer hearings?

Yes. At lifer hearings, 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 the parole board 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. What are parole conditions and requirements?

Once placed on parole, a “parolee” must abide by certain conditions and requirements. The failure to do so triggers a parole revocation hearing.

Some of the most common parole terms include:

• Consenting to be searched at any time;
• Abstaining from drugs and alcohol;
• Staying away from the victim;
• Agreeing to live within designated county limits; and/or
• Attending counseling and rehab.

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.

Defendants who have their parole revoked can appeal to the BPH and possibly the courts.

10. Can inmates appeal if denied parole?

No, lifer hearings are not appealable. However, inmates can challenge the denial through a petition for habeas corpus.

11. How do I contact the California parole board?

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. Board of Parole Hearing 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

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