What to Expect after an Inmate is Referred to the Board of Parole Hearings

Within five business days of referral from the department, the board will send notices to victims and their family members who are registered with the Office of Victim and Survivor Rights and Services. The board will also send a notice to the district attorney’s office that prosecuted the inmate. The notices alert the victim, victim’s family, and the district attorney’s office that the inmate has been referred to the board for review and possible release. The notices also explain that victims, their families, and the district attorney’s office have an opportunity to submit a written statement to the board for its consideration when determining whether the inmate should be released. Written statements should be submitted to the board by the victim, victims’ family, and the district attorney’s office within 30 days from the date of the board’s notice.

Once the 30 days has passed, the board will assign the case to a deputy commissioner. The first thing the deputy commissioner will do is review the case to confirm the inmate is eligible for the nonviolent offender parole review process and that he or she meets all the requirements of the public safety screening criteria. This is referred to as a jurisdictional review.

If the deputy commissioner finds the inmate is not eligible or does not meet the public safety screening criteria, the deputy commissioner will issue a written decision with a statement of reasons explaining why the inmate will not be considered for release. The inmate will receive a copy of the decision and any victims, victims’ family members, and the district attorney’s office that received notice of the inmate’s referral to the board will be notified. The inmate may be considered for referral to the board again one year later, if he or she remains eligible as a nonviolent offender.

If the deputy commissioner confirms the inmate is eligible for parole review and meets the public safety screening criteria, he or she will review the case to determine if the inmate would pose an unreasonable risk of violence to the community if released. This is referred to as a review on the merits. In making this determination, the deputy commissioner will consider factors such as the circumstances surrounding the inmate’s current conviction(s), the inmate’s criminal history, institutional behavior including rehabilitative programming and institutional misconduct, and any input from the inmate, victims, victims’ family members, and the district attorney’s office.

The deputy commissioner will issue a written decision with a statement of reasons supporting the decision. Inmates who have more than two years left to serve on their sentence at the time of the board’s review must be reviewed and approved by a supervising deputy commissioner. Inmates approved for release by the board will be processed for release by the California Department of Corrections and Rehabilitation 60 days from the date of the board’s decision. Inmates who are denied release will be eligible for possible referral to the board again one year later. The inmate will receive a copy of the board’s decision and victims, victims’ family members, and the district attorney’s office that received notice of the inmate’s referral to the board will be notified of the board’s decision.