The new parole laws in California over the last few years have done three main things: expanded who qualifies for a parole hearing, restored voting rights to people on parole, and, in the 2023–2024 session, limited what the Board of Parole Hearings can hold against someone while giving courts a stronger role in reviewing denials. The headline change is SB 81, which bars the Board from relying on a long list of bias-linked factors and requires courts to use their independent judgment when reviewing a parole denial.
SB 81’s Limits on What the Board Can Hold Against You
SB 81 prohibits the Board of Parole Hearings from basing an unsuitability finding on factors research has linked to bias. The Board cannot deny parole based on a person’s race, ethnicity, sexual orientation, gender identity, physical or mental disability, housing status at the time of conviction, employment history, socioeconomic status, English proficiency, immigration status, or education level.1California Senate Committee on Public Safety. SB 81 Analysis
Mental illness and substance use disorders can no longer be weighed against a person unless there is clear and convincing evidence the condition cannot be effectively managed in the community. Gang affiliation or neighborhood associations cannot count against a person unless there’s clear and convincing evidence the association is ongoing and relevant to a specific future risk of violence. Even nonverbal cues such as body language, facial expressions, eye contact, and tone of voice are called out as factors subject to documented bias.
A New Standard for Court Review of Parole Denials
SB 81 also changed what a court does when someone challenges a parole denial. Courts must now exercise independent judgment when reviewing a decision to deny or reverse a parole grant, rather than applying the more deferential “some evidence” standard previously used. A court can uphold a denial only if it finds, based on clear and convincing evidence, that the person presents a current unreasonable risk of danger to public safety.1California Senate Committee on Public Safety. SB 81 Analysis
There’s a procedural change, too. Anyone denied parole after reaching their minimum eligible date, youth parole date, or elderly parole date automatically meets the threshold for the court to hear the petition, rather than having it dismissed at the gate.
AB 600 and the New Resentencing Presumption
Alongside SB 81, the 2023 session produced AB 600, which created a framework for resentencing recommendations from the Secretary of the California Department of Corrections and Rehabilitation or the Board of Parole Hearings. The law establishes a presumption favoring resentencing. A court can overcome that presumption only by finding the person currently poses an unreasonable risk of danger to public safety.2Board of Parole Hearings. Regulatory Changes for the Board of Parole Hearings The Board also adopted updated notice requirements for in-person and videoconference hearings through a rulemaking action (BPH RN 23-01).
Voting Rights Restored on Parole
People on parole in California can vote. Proposition 17, approved by 58.6% of voters in November 2020, amended the state constitution to restore voting rights upon completion of a prison term rather than requiring completion of parole.3Ballotpedia. California Proposition 17, Voting Rights Restoration for Persons on Parole Amendment (2020) Your right to register and vote returns the day you leave prison, regardless of how long your parole term runs or what conditions are attached.
Who Can Get a Parole Hearing Now
Before 2014, only people serving life with the possibility of parole could appear before the Board, and only after serving their court-imposed minimum term. A series of ballot measures and statutes since then has opened parole consideration to thousands of additional people through three newer tracks that sit alongside traditional life-term parole.4Board of Parole Hearings. Changes in the Law Expanding Parole Eligibility for Long-Term Offenders Across every track, the Board approves release only if the person does not pose a current, unreasonable risk of violence to the community.
Nonviolent Offender Parole (Proposition 57)
Proposition 57, approved by voters in November 2016, created a parole review process for people serving determinate sentences for nonviolent offenses. Eligibility turns on serving the full term of the primary offense, meaning the longest single sentence imposed by the court, excluding enhancements and consecutive terms. Within 60 days of admission to prison, case records staff determine whether someone is eligible and calculate a Nonviolent Parole Eligible Date. The person is referred to the Board 35 days before that date, provided they have at least six months remaining on their sentence.5Legal Information Institute. California Code 15 CCR 3492 – Eligibility Review and Referral to the Board of Parole Hearings
A deputy commissioner reviews the central file, the California Static Risk Assessment score, criminal history, prior returns to prison, and written statements from the incarcerated person, registered victims, and prosecutors. In most cases this is a paper review rather than a live hearing. Approval turns on whether the person poses a current, unreasonable risk of violence or significant criminal activity.6California Department of Corrections and Rehabilitation. Nonviolent Offender Parole Review Process for Determinately-Sentenced Persons
Youth Offender Parole
Under Penal Code section 3051, anyone who committed their controlling offense at age 25 or younger qualifies for a youth offender parole hearing. Timing depends on the sentence:7California Legislative Information. California Penal Code PEN 3051
- Determinate sentence: eligible during the 15th year of incarceration.
- Life term under 25-to-life: eligible during the 20th year.
- Life term of 25-to-life or longer: eligible during the 25th year.
- Life without parole for an offense committed under age 18: eligible during the 25th year.
Several groups are excluded. People sentenced under California’s Three Strikes law, the One Strike sex offense statute, or to life without parole for an offense committed after turning 18 do not qualify. Neither does anyone who commits a new offense involving malice aforethought or resulting in a life sentence after turning 26.
Elderly Parole
The Elderly Parole Program under Penal Code section 3055, effective January 1, 2021, provides hearings for inmates who are at least 50 years old and have served at least 20 continuous years on their current sentence, whether determinate or indeterminate with the possibility of parole.8California Legislative Information. California Penal Code Section 3055 People sentenced under the Three Strikes law, those serving life without parole or death sentences, and anyone convicted of first-degree murder of a peace officer killed in the line of duty are not eligible.9Legal Information Institute. California Code 15 CCR 3499 – Elderly Parole Program
How Long Parole Lasts Under the Current Framework
For people released on or after July 1, 2020, Penal Code section 3000.01 sets the standard parole term at two years for a determinate sentence and three years for a life term.10California Legislative Information. California Penal Code Section 3000 Longer terms still apply to serious cases. Certain violent felonies carry up to 10 years of parole. Sex offenses involving victims under 14 carry a parole period of 20 years and six months, subject to Board review. People convicted of first- or second-degree murder with a life sentence serve parole for the remainder of their life.
The Governor’s Role Hasn’t Changed
One piece of the system the recent laws did not alter: the Governor’s constitutional authority to review parole grants for people convicted of murder who are serving indeterminate sentences. After the Board recommends parole, the case goes to the Governor, who has up to 150 days to affirm, modify, or reverse the decision, applying the same factors the Board itself must consider.11Office of the Governor of California. Parole12Justia Law. California Constitution Article V – Executive, Section 8 If your case falls in that category, a Board grant is not the end of the process.