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How is Parole Eligibility Determined in California?
In the State of California parole eligibility starts with an examination of the inmate’s sentence classification. Generally there are two classes of inmates in California’s state prison system:
Many inmates who are sentenced to determinate terms generally serve a fixed period of time and are released; however some inmates who are serving determinate terms may be eligible for parole consideration once they have served a specified portion of their sentence. Indeterminately sentenced inmates are serving “life” sentences with or without the possibility of parole, such as 25 years-to-life or life without the possibility of parole, respectively.
Inmates sentenced to state prison may be eligible for parole consideration or release based on one or more of the following eligibility dates:
Earliest Possible Release Date (EPRD) – the date that determinately- sentenced offenders will be released based on the sentence imposed by the court less any applicable credits;
Minimum Eligible Parole Date (MEPD) – the date that indeterminately- sentenced offenders (i.e. persons sentenced to life with the possibility of parole, or “lifers”) are eligible for parole consideration by the Board based on the sentence imposed by the court, less any applicable credits;
NonViolent Parole Eligibility Date (NPED) – the date determinately or indeterminately-sentenced nonviolent offenders are eligible for parole consideration (administrative review for determinately-sentenced persons or parole hearing for indeterminately-sentenced persons) under Proposition 57, once they have served the full term of their primary offense, sex offenders are excluded;
Youth Parole Eligibility Date (YPED) – the date determinately or indeterminately-sentenced offenders who committed their controlling offense while under the age of 26 are eligible for a parole hearing, once they have served 15, 20, or 25 years, depending on the sentence imposed by the courts; persons sentenced under the Three Strikes Law are excluded; this is also the date persons sentenced to life without the possibility of parole for offenses they committed while under the age of 18 are eligible for a parole consideration hearing. Beginning January 2022, once the youthful offender has served 25 years of his/her sentence credits for educational milestones, such as high school diplomas and college degrees will be applied to YPEDs; and
Elderly Parole Eligibility Date (EPED) – the date determinately and indeterminately-sentenced offenders are eligible for a parole hearing once they have served 25 years of incarceration and have reached the age of 60; based on the Three-Judge Panel’s 2014 court order; offenders sentenced to life without the possibility of parole or condemned are excluded.
Effective January 1, 2021, determinately and indeterminately-sentenced offenders will be eligible for a parole hearing once they have served 20 years of incarceration and have reached the age of 50 under Chapter 334 of the Statutes of 2020.
Inmates sentenced under the Three Strikes law, convicted of first degree murder of a peace officer, or sentenced to life without the possibility of parole or condemned are excluded.
If more than one of the above parole eligible dates applies to an inmate, the inmate’s “controlling parole eligibility date” will be the date that gives the inmate the earliest opportunity for parole consideration or release.
In all cases, parole is granted only after the Board of Commissioners determines that the inmate no longer poses a current and unreasonable risk of dangerous to society and is ready to “re-enter” society. This determination takes places during a Parole Suitability Hearing.
Title 15 California Code of Regulations section 2281 outlines the guidelines used by the Board tending to show an inmate’s suitability.
Services Offered
Our practice focuses on parole and prison related matters. By focusing on each individual client’s growth, achievements, and demonstrated potential, successful parole outcomes have been achieved in hundreds of cases involving various types of offenses.
We accept cases that we believe our clients have a reasonable chance of success, or would otherwise benefit from our representation. We are committed to presenting the strongest and most compelling case for our client’s release on parole.
Our services include, but are not limited to:
If you are an inmate, a family member of an inmate, friend or a significant other who needs a dedicated lawyer for his or her parole hearing contact us now.
There are many factors that come into play at a parole hearing, the system remains biased against inmates and thus there is no guarantee of success for even the strongest parole candidate; however, having a skilled and experienced parole attorney fighting for you or your loved one gives him or her the best chance to beat the odds of being released.
Improve your odds of being paroled. Hire the Parole Attorney Legal Group today, we are committed to our clients success.
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