About CDCR: Divisions and Boards

The Board of Parole Hearings (BPH)

Parole Agents at a meeting

Parole Suitability Hearing Results


Parole Suitability Hearing results are posted the first working day following each hearing week.


Weekly Results:

Monthly Results:

Annual Results:

 

Within approximately 30 days upon completion of a prisoner's hearing before the Board, a stenographic record (transcript) of the hearing will be available upon request. Click on our link Request for Parole Suitability Hearing Transcript to learn more about how to obtain a verbatim copy of the hearing proceedings.


Hearing Types

Initial Parole Consideration Hearing (PC 3041 & 3041.5; 15 CCR 2268)
The initial parole consideration hearing is scheduled one year prior to the inmate’s minimum eligible parole date (MEPD). The hearing is typically conducted by a panel of two, including one Commissioner and one Deputy Commissioner. A second Commissioner may also be included to make a panel of three. The inmate is provided an attorney at this hearing. A representative for the District Attorney’s office of the committing county, and the victim’s next of kin and/or the victim may also attend. The purpose of the parole consideration hearing is for the panel to determine whether the inmate is suitable for parole, or poses a current unreasonable risk of danger to society if released. In making this determination, the panel reviews all relevant information as described in 15 CCR 2281 and 2402. If the panel denies parole, the panel schedules the next hearing for 15, 10, 7, 5, or 3 years in accordance with Penal Code 3041.5(b)(3)

Subsequent Parole Consideration Hearing (PC 3041 & 3041.5; 15 CCR 2270)
The subsequent parole consideration hearing is any parole consideration hearing that comes after the initial parole consideration hearing. It is scheduled as directed at the last parole consideration hearing in accordance with Penal Code 3041.5(b)(3), or on the next available calendar following an approved Petition to Advance (Penal Code 3041.5(d)) or other order. The hearing is typically conducted by a panel of two, including one Commissioner and one Deputy Commissioner. A second Commissioner may also be included to make a panel of three. The inmate is provided an attorney at this hearing. A representative from the District Attorney’s office of the committing county, and the victim’s next of kin and/or the victim may also attend. The purpose of the parole consideration hearing is for the panel to determine whether the inmate is suitable for parole, or poses a current unreasonable risk of danger to society if released. In making this determination, the panel reviews all relevant information as described in 15 CCR 2281 and 2402. If the panel denies parole, the panel schedules the next hearing for 15, 10, 7, 5, or 3 years in accordance with Penal Code 3041.5 (b)(3).

Progress Hearing (15 CCR 2269)
A progress hearing is conducted for an inmate who has been granted parole, but who has a parole release date in the future. Progress hearings are scheduled pursuant to 15 CCR 2269(b) based on the amount of time remaining between the inmate’s last hearing and the parole release date, and an inmate with a long period of time left to serve may be scheduled for multiple progress hearings. In order for a progress hearing to be scheduled, the inmate must have 10 or more months remaining to serve prior to release. At the progress hearing, the hearing panel determines whether a previously set parole date should be advanced because of the inmate’s positive conduct in prison through the award of post conviction credit in accordance with 15 CCR 2290. The hearing is typically conducted by a panel of two, including one Commissioner and one Deputy Commissioner. The inmate is not provided an attorney at the hearing. The victim’s next of kin and/or the victim may attend.

Rescission Hearing (PC 3041.1, 15 CCR 2450 - 2471)
A rescission hearing is a hearing to evaluate whether there is good cause to postpone or rescind a parole release date. A rescission hearing is scheduled based on new information that may indicate parole should not occur (including new information of disciplinary conduct), or identification of a fundamental error that may have resulted in an improvident grant of parole. A rescission hearing may be held in conjunction with a CDCR disciplinary hearing. When the Governor refers a parole decision to the Board pursuant to PC 3041.1, the Board will review the decision en banc, and may order a rescission hearing. A rescission hearing is typically conducted by a panel of three, at least two of whom are Commissioners. The inmate is provided an attorney at this hearing. The inmate has the ability to call witnesses for evidentiary purposes. A representative from the District Attorney’s office of the committing county, the victim’s next of kin, and/or the victim may also attend.

Hearing Result Terminology

Grant - A grant decision occurs when the panel finds an inmate suitable for parole.

Deny - A denial decision occurs when the panel finds an inmate unsuitable for parole.

Continuance - Title 15 of the California Code of Regulations provides that the Board may continue a hearing that has already commenced if a party requesting the continuance shows good cause. (Cal. Code Regs., tit. 15, 2253, subd. (e).) A parole-hearing continuance occurs when a hearing is commenced, but is not completed for some reason and is, therefore, continued to a future date for completion. Continued hearings do not occur often.

Cancellation - A parole-hearing is cancelled when there is no need for the hearing to go forward and no need to reschedule the hearing. For example, the Board would cancel an inmate’s scheduled parole hearing if the inmate was released pursuant to a court order or if the inmate dies. In such a situation, the Board does not "continue" or "postpone" the hearing because the hearing will not be rescheduled.

Split Decision - A split decision occurs when the members of a two-person parole hearing panel do not agree on (1) whether an inmate is suitable for parole, or (2) the length of a denial period (3, 5, 7, 10, or 15 years) for an inmate who is unsuitable for parole. Split decisions are do not occur often.

Postponement - Title 15 of the California Code of Regulations provides that the Board can postpone a scheduled parole hearing on its own motion, at the request of an inmate, or for exigent circumstances. (Cal. Code Regs., tit. 15, 2253, subd. (d).) Sometimes postponements are requested days or weeks before the scheduled hearing date, but postponements may also occur on the day of a hearing.

Waivers - Title 15 of the California Code of Regulations provides that inmates may waive a parole hearing for any reason for a period of one to five years as long as the request is submitted at least 45 calendar days prior to the hearing. (Cal. Code Regs., tit. 15, 2253, subd. (b).) A request for a waiver submitted less than 45 days before a hearing is presumed invalid and shall be denied by the Board unless good cause is shown and the reasons for the waiver were not and could not reasonably have been known to the inmate 45 days prior to the hearing. Inmate-waiver requests are common and are frequently granted.

Stipulation - Title 15 of the California Code of Regulations provides that inmates may stipulate to their unsuitability for parole. (Cal. Code Regs., tit. 15, 2253, subd. (c).) A stipulation occurs when the Board accepts an inmate’s offer to stipulate to his or her unsuitability for parole for a specified period (3, 5, 7, 10, or 15 years). If the Board accepts an inmate’s offer to stipulate, it is considered a denial of parole for the stipulated period. For example, an inmate might offer to stipulate that he or she will be unsuitable for parole for a period of three years. If the Board accepts such an offer, the inmate will be denied parole and will receive his or her next parole hearing three years from the previously scheduled hearing date. An inmate’s offer to stipulate to his or her unsuitability can be made in advance of a hearing or at a hearing. Requests for stipulations are common and are frequently granted.

Governor’s Review

Governor’s Review Period under Penal Code section 3041.2
The Governor’s review period for a grant of parole involving a conviction of murder begins no later than 120 days after the inmate has been found suitable at a parole suitability hearing. Pursuant to the Governor’s authority under Penal Code section 3041.2 the Governor may affirm, reverse, modify, or take no action on any grant of parole for murder. If an inmate’s grant is reversed the inmate will be scheduled for a new parole hearing.

Governor’s Review Period under Penal Code section 3041.1
Pursuant to Penal Code section 3041.1, “[u]p to 90 days prior to a scheduled release date, the Governor may request review of any decision by a parole authority concerning the grant or denial of parole to any inmate in state prison.” This review can occur at any time, but typically occurs following a parole grant for a non-murder life inmate or following a progress hearing for a murder or non-murder life inmate. The Governor shall state the reason or reasons for the request, and whether the request is based on a public safety concern, a concern that the gravity of current or past convicted offenses may have been given inadequate consideration, or on other factors. When a request has been made, the request shall be reviewed by a majority of commissioners sitting en banc. A vote in favor of the grant by a majority of the commissioners reviewing the request is required for a parole suitability grant to be upheld. If a majority of the commissioners do not vote in favor, then a rescission hearing is scheduled.

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