When an individual convicted of a crime is placed on parole, the system provides for liberty from penal incarceration under specific terms and conditions. Once released, these individuals are known as parolees.
The process commences upon the completion of the service of their imposed penalties due to conviction. Before the said release, the convicted individual goes through a parole hearing where their rehabilitation is reviewed to determine if the individual would pose a risk to public safety once released from prison.
Parole is not a free pass out of jail. As previously stated, there are restrictions as to the way of the life of the individual beyond prison walls. Despite being on the outside, these individuals are still under the control and supervision of the California Department of Corrections.
The following are the factors for parole eligibility:
a) The crime for which the individual was convicted;
b) The particulars of the sentence imposed for conviction;
c) The recognition of “good behavior” or “work time” credits earned during service of sentence;
d) The time of conviction of the individual;
Parole is provided for individuals that have been sentenced a specific time frame or determinate sentence. Upon completion of the sentence, the individual would be eligible for parole. If the individual is sentenced with a time period or indeterminate sentence, then the individual would have to undergo a parole board hearing to determine suitability for entry into the parole early release program. These parole hearings are governed by the California Board of Parole Hearings where the following circumstances are evaluated:
1) The circumstances of the inmate’s specific offense;
2) The behavior of the inmate during incarceration in the penitentiary;
3) The ability to reintegrate into society;
During the term of the parole, there are restrictions that are imposed in the individual, the most common ones are as follows:
a) Consent to be searched by law enforcement officers at any time with or without a search warrant and with or without cause;
b) Agreeing to live within designated county limits;
c) Agreeing to register with local authorities for certain criminal offenses, such as sex offenses under Sec 290 of the California Penal Code, arson offenses under Sec 451 of the California Penal Code and drug offenders;
d) Agreeing to the following specific convictions:
a. Use or be in the vicinity of designated deadly weapons;
b. Access to the internet, for those who have been convicted of child pornography laws;
c. Associating with known gang members or other felons;
The general prohibition is that the individual paroled is not to violate any other laws. The parole violation can revoke the liberty privilege even only for the accusation of the commission of another crime even without criminal conviction.
The parole process is a serious legal activity in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
