Is There Parole in Federal Prison?

Anyone serving time in a federal or state prison is looking forward to their release date. Many prisoners are also eligible for parole, which will allow them to get out before the end of their sentence. But there are conditions that come with early release, and violating the terms of your parole supervision can put you back behind bars.

Federal probation laws are complicated. An experienced federal criminal defense attorney can help you understand your legal rights to get out of jail early.

What Is Federal Parole?

Parole is when an eligible prisoner is released before completing their prison sentence. Many individuals charged with federal crimes receive some sort of prison sentence. According to the United States Sentencing Commission, there were over 158,949 individuals incarcerated in federal prisons in January 2023.

Of the people serving federal sentences, who qualifies for federal parole? Are there other ways prisoners can get early reentry to the community? The answer is that it depends.

You can still qualify for parole at the U.S. Parole Commission’s discretion if you:

• Were sentenced before Nov. 1987
• Received a sentence of more than one year and one day
• Have a track record of good behavior

If you were sentenced after November 1987, you generally are not eligible for parole. However, the federal prison system has other early release programs you might be eligible for.

Sentencing Reform Act of 1984

The Sentencing Reform Act of 1984 created the U.S. Sentencing Commission and Federal Sentencing Guidelines. These changes changed the way people were sentenced for federal crimes. It created mandatory minimum sentencing penalties that federal courts had to follow for certain federal crimes. It was an attempt to avoid sentencing disparities.

The law also abolished parole for federal offenders who committed certain crimes after Nov. 1, 1987. Those sentenced before then can still petition for parole. However, you can only apply for parole once you complete one-third of your sentence.

How Does a Federal Inmate Apply for Parole?

Anyone who meets or thinks they meet the qualifications for parole should first talk to a federal criminal defense attorney familiar federal parole hearings. A strong case with evidence and support can mean the difference between early release or staying confined in prison.

If you receive a hearing, you will get notice at least 60 days in advance. At the parole hearing you can call witnesses and present information about why you are no longer a public safety risk and how you can be a productive member of society. Information considered at a parole hearing includes:

• Background on your sentenced offense
• Your prior criminal history
• The progress you have made in prison and if they have a record of good conduct
• Suggestions for the release plan to the community

Other Early Release Options for Inmates in Federal Prison

For those not eligible to apply for parole, you may still be eligible to serve the remaining portion of your sentence under community supervision (supervised release) if you meet other eligibility requirements.

The First Step Act of 2018 made it easier for certain inmates to receive early release. Some of the benefits to inmates who qualify under this law include:

• A good time credit of 54 days for each year of a federal prison sentence, as long as you are on good behavior and not serving a life sentence in federal prison
• Housing inmates closer to their primary residence or receiving home confinement for 10% or six months of a sentence, whichever is shorter
• An option to apply for early release from prison if a federal offender or family member has a qualifying terminal medical condition
• An option to apply for early release for those at least 65 years or older and who meet other requirements to file “a compassionate release motion”

Federal inmates cannot apply if they are serving time for a violent crime or firearm offense. Public safety is always a consideration for the parole officer when making this determination.

If you are trying to learn whether you qualify for federal parole, or you are facing a parole revocation hearing, you should get legal advice to help you understand your rights. Contact a criminal defense attorney who has experience in preparing for these types of parole hearings.