Criminal Law

What Is a Parole Board?

Key Takeaways:

  • The parole board is a group of people who make decisions on who can leave prison before completing their sentences.
  • Parole boards can ignore the recommendations that a parole examiner may make in evaluating someone’s suitability for parole.
  • Inmates generally have the opportunity to speak before a parole board, where they will have a chance to express remorse and show that their release will not endanger the public.

Parole is an important component of the criminal justice system that provides an opportunity for people to get back into society. Also, jailing people is expensive, and many inmates do not represent a danger to society.

However, incarcerated people are not always guaranteed to get out of jail early via parole. Typically, a parole board will determine whether you get out of prison after serving the minimum sentence or remain behind bars. It is important to understand what a parole board is and how it operates to maximize your chances of early release.

An experienced criminal defense attorney can also help you gather supporting evidence, petition for, and advocate for you as you begin the parole process.

How Do Parole Boards Work?

Parole boards are made up of a panel of people who decide when to release a prisoner. Parole is a form of supervised release that allows offenders who meet parole eligibility to serve the remainder of their sentences outside of prison. Being on parole means submitting to a number of restrictions, including a curfew, check-ins with your parole officer, and random drug tests.

Almost all states have parole boards, typically part of a state’s department of corrections, and each state has its own parole system. Parole board members are generally appointed by a governor or other executive committee.

Some states have specific qualifications and requirements for parole board members, but others allow anyone to serve on the board. Depending on the state, members may include those with training or experience in law enforcement, law, government, corrections, or criminal justice.

Parole Board Decisions

Before coming before the board, a parole examiner may review your case and make a report. The examiner’s report generally comes with recommendations concerning whether to grant release and the terms of release. Some of the factors the parole examiner and board consider include:

  • Your age and whether you’re in prison for a first offense
  • Whether the offense was a violent crime
  • Your education and employment history
  • If you faced any disciplinary violations in prison or have a record of good behavior
  • Your physical and mental health
  • The crime victim’s input
  • The probability of rehabilitation
  • Risk assessment concerning whether you pose a risk to society or any other public safety concerns
  • Evidence of remorse and accountability

Many states have a scoring formula to evaluate when to grant parole to inmates. However, the parole board may or may not agree with the parole report. Unfortunately, political considerations may also be a factor and could reduce your chances of release.

Many of the parole board’s decisions take place behind closed doors, without the parolee getting a chance to explain their side of the story. Depending on your jurisdiction, parole hearings might be required or discretionary.

You may find that the parole board denied your release with no substantive reasons for the decision. If the board does hear from you, it may have an impact on the panel’s decision on whether to grant your release. Letters and input from supporters can also improve your chances.

Parole Violations After Your Release

Parole is considered conditional release. You will have parole restrictions and requirements that you must follow. This will likely include periodic parole review and parole supervision. Your parole officer may issue a warning for a minor violation or report the violation to the parole board. Violating the terms of parole can lead to a parole revocation hearing. Parole revocation could mean going back to prison to serve the remainder of your original sentence.

Non-Prison Facilities

Some states have non-prison facilities for inmates on parole. These act like halfway houses between jail and returning home, and may come with conditions, including:

  • Curfew
  • Counseling
  • Restricted access
  • Sober living

A parole board may make living in a non-prison facility a condition of granting parole. If they do not, they may instead require you to wear an ankle monitor.

Getting an Attorney’s Help for Parole Board Hearings

It is important to be prepared before a parole board hearing to have the best chance of release. You may be able to have a criminal defense lawyer represent you in a parole board hearing. An experienced lawyer can advocate for you and may be able to negotiate with the state to secure conditions for your potential parole. Many criminal defense attorneys also have experience in these hearings, and they know what parole boards are looking for when it comes to considering granting release.

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