Is My Loved One Eligible for California’s Elderly Parole Program?

In recent years, California has relaxed some of its practices for releasing prisoners, and the Elderly Parole Program is one of these reforms. Since 2018, eligible seniors have been able to petition the parole board under a new statute that sets out the terms of release. While not every elderly prisoner can benefit from the Elderly Parole Program, you should check with a criminal defense attorney to see whether your loved one may be eligible for release from prison.

What Is California’s Elderly Parole Program?

The Elderly Parole Program is an addition to California’s parole rules. Parole is the term for releasing a prison before the end of their (maximum) sentence due to good behavior. Generally, there are rules for every prisoner regarding when they will be eligible for parole based on their convicted crime or crimes.

As of January 1, 2018, California has created a special track in its parole system for elderly prisoners. The Elderly Parole Program is not the only way for incarcerated individuals to earn their release, but it does set up a separate set of rules. In that way, it is supplemental to all other regulations for parole.

If your loved one has been in prison, you should understand all of the ways to help secure their release, including some more recent criminal justice reforms. Speak with your lawyer to make sure you do not miss any of the programs available.

Who Is Eligible for the Elderly Parole Program?

California’s Elderly Parole Program is only for a specific subset of inmates. Additionally, there are some crimes or convictions that would make your loved one ineligible for the program.

To start, a prisoner eligible for the Elderly Parole Program must:

• Be at least 50 years old;
• Have served at least 20 years in prison on their current sentence, without interruption; and,
• Be eligible for parole, such as through good behavior.

If any of the following applies to your loved one, they would not be eligible under this particular program:

• Are serving under a California ‘Three-Strikes’ conviction.
• Are serving a sentence of life in prison without the possibility of parole.
• Are on death row.
• Were convicted of killing a peace (police) officer in the line of duty or in retaliation for the officer’s duties.

Unfortunately, many of California’s elderly prisoners are serving under three-strikes convictions and are therefore not eligible for the Elderly Parole Program.

How Can Your Loved One Secure Release?

Your loved one and their defense team need to actively raise the possibility of qualifying for the Elderly Parole Program. They can do this during a regularly scheduled parole hearing or once they become eligible. For example, so long as your loved one has been in prison for over 20 years, they can ask for release starting on their 50th birthday.

Eligibility for the Elderly Parole Program does not guarantee release. Instead, the Parole Board will review whether your loved one is suitable for parole. Specifically, they will ask whether their age, time in prison, or current health conditions reduce the risk of future violent or criminal behavior.

These criteria mean that, even under the Elderly Parole Program, good behavior is vital in securing parole. Once the parole board agrees they are suitable, your loved one can be released back into the world.

If you have a loved one that may be a good candidate for the Elderly Parole Program in Los Angeles, California, Chambers Law Firm can help. Our team of experienced criminal defense attorneys can review their case and decide on the best next steps. Schedule a free consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.