Parole Procedure

After a prisoner has been admitted to a correctional institution, a state's parole board usually conducts an initial review of the prisoner's sentence. The parole board obtains all information that relates to the prisoner's sentence. Such information includes a trial court's judgment and sentence, any sentencing reports, the circumstances of the prisoner's offense, the prisoner's social and criminal history, and the prisoner's employment history.

When a prisoner becomes eligible for parole, a state's parole board may grant an interview to the prisoner. If the prisoner is interviewed by the parole board, the prisoner is not entitled to a formal hearing. Although the prisoner may be entitled to present witnesses on his or her behalf, the prisoner cannot require the parole board to interview certain witnesses. Although the prisoner's counsel may be present during the interview, the prisoner is not entitled to be represented by counsel. If the prisoner is interviewed, he or she usually prepares a summary of his or her incarceration including the extent to which he or she has been rehabilitated. The prisoner should also submit a proposed plan for his or her release, which plan includes the prisoner's residence and employment after his or her release.

A state's parole board may issue subpoenas in preparation for its consideration of a prisoner's parole. The subpoenas may require the attendance of witnesses or may require the production of documents. Any member of the parole board may issue the subpoenas or may administer oaths to the witnesses. Any law enforcement officer or parole officer may serve the subpoenas. A trial court has discretion to enforce the subpoenas. Although information that is received by the parole board is considered confidential, the information may be disclosed to third parties if there is a compelling need.

In accordance with a prisoner's due process rights, a state's parole board must provide timely notice to the prisoner of its consideration of parole for the prisoner. Although the prisoner is not entitled to a formal hearing, he or she is entitled to an opportunity to be heard before the parole board. The parole board may defer its decision regarding parole, may deny parole, or may grant parole.

If a state's parole board denies parole to a prisoner, the prisoner is entitled to written notice of the parole board's decision and a written statement of the reasons for the parole board's decision. A prisoner who is a nonviolent offender is usually entitled to subsequent reviews of his or her parole on an annual basis. If the prisoner is considered to be a violent offender, he or she may only be entitled to reviews every one to five years.

If a state's parole board grants parole to a prisoner, the parole board may recommend the immediate release of the prisoner or it may defer the release of the prisoner. If it defers the release of the prisoner, it may condition the prisoner's release upon the prisoner's transfer to a residential facility or a halfway house or upon the completion of therapy and counseling programs.

If a state's parole board grants parole to a prisoner, its decision is not a final decision. It is a decision that is subject to further investigation and notification. The parole board must notify the court in which the prisoner was convicted, the district or state attorney, and the sheriff of the county in which the prisoner was convicted. The court, the district attorney, and the sheriff generally have a certain number of days within which to object to the granting of parole to the prisoner. If the prisoner was convicted of an offense that involved the bodily injury or death of a victim, the parole board must notify the victim, the victim's legal guardian, or the victim's nearest relative if the victim is deceased. The victim is normally granted an opportunity to present a written statement to the parole board. After the period of time for objection to the parole board has expired, the parole board's decision becomes final.

A prisoner who has been denied parole by a state's parole board is generally not entitled to have the parole board's decision reviewed by state courts. The prisoner is only entitled to seek federal habeas corpus relief. However, in order to be entitled to federal habeas corpus relief, a constitutional question must be presented and the prisoner must have exhausted all of his or her state remedies. Constitutional questions are generally presented only in situations involving revocation of parole. They are generally not presented in situations involving denial of parole.

< back