4 Ways in Which an Inmate Can Get an Early Release

4 Ways in Which an Inmate Can Get an Early Release

You can secure an early release whether you are incarcerated in a state or federal prison. There are 4 main ways you can get released early from prison:

  • Parole
  • Credit-earning programs
  • Compassionate release
  • CARES Act (Covid-19)

So how do you go about it and how does it work? Let’s start with getting parole.

1.       Getting Parole

Parole is one of the most popular ways inmates get early release. However, just because it’s possible doesn’t mean getting it is a walk in the park. There are factors to consider and a process that you need to follow. Use the information below to increase your chances of getting parole.

How Parole Works

If you are serving an indeterminate life sentence, you can get parole. Take note if you are sentenced to life without parole, you will never be eligible for parole. Parole is defined as supervised release subject to conditions and restrictions. It’s similar to probation.

For inmates serving a life sentence with parole, their sentence indicates when they become eligible for parole. For instance, you are eligible for parole in California a year before your potential parole date.

Preparing for Parole

You need to prepare for parole to increase your chances of getting paroled. This means you need to know what the parole board looks for. Parole boards consider factors that may grant or deny you parole. Ensure you have as many positive factors as possible.

Positive factors include:

  • Your age
  • Showing remorse
  • A stable life out of prison
  • Your behavior in prison.
  • Additionally, well-laid future plans increase your chances of getting an early release by parole.

Negative factors include:

  • Misconduct in prison
  • Severity of your crime
  • A history of mental illness
  • Prior juvenile or criminal record.

Take note there are things you can do to reduce these negative factors.

Part of preparing for parole hearing is getting ready to discuss your plans to find work and housing and discuss your feelings of remorse. Avoid using textbook answers that every prisoner uses. For instance, you can create a game plan of how you are going to find work and housing.

It should include where you will begin, how you will handle failures, and more than a couple of options to make things work.

Provide the names of family members and friends who support you and are willing to continue doing so when you are released. Provide information about where you want to work and live.

Show the parole board how you will handle the situation if that doesn’t work. You get additional points if there is a job waiting for you upon your release.

You can’t change the circumstances that caused you to commit the crime that got you incarcerated. However, you can reframe and explain them to the parole board.

For example, let’s assume you mugged someone to support substance abuse. Substance abuse doesn’t justify or excuse the crime. However, you can explain that you have reformed and you no longer use any drugs or alcohol.

Add that you understand how your substance abuse harmed you, your family, and other members of society. Show that you have stayed and intend to remain clean.

It’s a plus if you are a member of a program that helps people who have similar problems. Additionally, getting some kind of education where possible, increases your chances of getting a parole.

Behavior

Showing good behavior is a major contributor to your parole. This means obeying the rules of your correctional facility, avoiding fights, and staying out of trouble.

Part of good behavior is using opportunities that improve self-responsibility and/or taking additional responsibility. For this to work, you need to join work programs and any educational programs available in prison.

Attending a Parole Hearing

The prison parole board asks questions during your parole hearing. They use the information at hand and your answers to determine if you are eligible for parole. You can have an attorney present if the Department of Corrections (DOC) in your state allows for the same.

Even if they don’t allow an attorney, consider getting one. They help you effectively answer any questions that may arise by helping you prepare for the hearing. After the hearing, you get an answer of a parole’s board decision within several months.

What to Do After a Parole Hearing

During a parole hearing, you may think you have nailed it and you are on your way to getting parole. Even when this is the case, you need to stay calm and continue behaving like you are still working towards getting parole.

After Earning Parole

When you get paroled, there are terms and conditions you need to follow. For starters, you need to meet with your parole officer regularly. Make sure you keep time and dress well when you go for such meetings.

Other conditions you need to follow include:

  • Attending treatment programs
  • Going for counseling
  • Accepting random searches whether or not there is probable cause
  • Reporting your location, especially when you move to a new address (home or work)
  • Avoiding breaking the law and anything that may get you arrested

2.       Earning Time off Your Sentence

You can earn time off your sentence by creating a strategy. The following is a strategy that substantially increases your chances of earning time off your sentence.

Calculating the Maximum Release Date

An early release is any release date that is before your maximum release date. You need to calculate the maximum release date to determine where you can start earning time off your release.

Start by noting down the length of your sentence. From the length, you need to note the day(s) where a judge gave you credit.

For instance, you may get credit for the days you were incarcerated before you were sentenced. Other credits include good behavior while you were incarcerated and days you spent in jail before you were taken to prison.

The result is the maximum time you will serve as long as you stay out of trouble. It’s the same time you will spend in prison without earning any additional credit.

Let’s say you were sentenced to 1,095 days (3 years) in prison. Let’s also say you received credit for 30 days after sentencing, 50 days for good behavior, and 140 days for time served before sentencing. Now subtract 220 (140 + 50 +30). This sets your maximum release date to 875 days in the future.

Using Credit Earning Programs

The majority of counselors in prisons offer inmates guidance while they are serving their sentences. Find out from your counselor if there are credit-earning programs and if you are eligible for them.

These programs are career based and educational. Participating in the same earn you time off your prison sentence.

In the state of California, you can earn several weeks off your sentence for every year. A prison counselor helps you join a program that best fits your interests and skills.

Maintaining Good Behavior

Earning credit points is the first step. This doesn’t mean you are guaranteed of an early release. You need to ensure you stay out of trouble by maintaining good behavior. If you don’t behave well, you risk losing your credits and the option of joining other credit-earning assignments.

So how does this work?

If you are in a federal prison, being in exemplary compliance with the institution’s disciplinary regulation is a step in the right direction. This guarantees you shave off up to 54 days from every year on your sentence.

Being a model prisoner by obeying the rule goes a long way to securing an early release.

A good example to work with is what happens in Arizona. The state defines a model prisoner as an individual who has had minimal or no disciplinary action taken against them. It also includes individuals who have improved their education by earning a GED or any other educational certification.

Furthermore, inmates who have voiced positive future goals and found spirituality or religion are more likely to get an early release.

Calculating a New Release Date

To get your new release date, compile your earned credit dates and subtract them from the maximum release date. Let’s take the example above of 875 days. If you earned 120 days a year for maintaining good behavior and credit programs, you are left with 755 days. This means you will have shaved off almost a year from your sentence.

3.       Compassionate Release

Compassionate release is an early release that factors in your behavior in prison and your needs at home. This is how you go about it.

·       Being Needed at Home

Apply for a compassionate release if you are needed at home. For example, you may have a child/senior/spouse that is left under the care of a caregiver or your partner. In case they become incapacitated, apply for compassionate release to care for that person.

For this to work, you need to explain the details to the prison warden in writing. Come up with a pan of how you are best suited to handle the situation. Include death certificates, medical records, and financial stability to improve your chances of compassionate release.

·       Medical Conditions

You can request compassionate release if you have a medical condition. All inmates are considered for early release when they have a terminal or debilitating medical condition. Make the request to a correctional staff that can pass the same to the prison warden.

Take note there are factors that determine whether or not you’re eligible for compassionate release.

For starters, you get compassionate release if you have a life expectancy of 18 months or less. You qualify for the same if you are confined to a chair or bed for more than half of your waking hours.

This also applies to people with medical conditions that don’t allow them to take care of themselves.

·       Age

Your age qualifies you to get compassionate release if you are elderly. The older and more senile you are, the higher your chances of getting an early release.

How?

Let’s say you were incarcerated when you were younger than forty for being in a gang. This means that when you are 70, you can’t do the same things you did when you were younger.

In this case, you are eligible for compassionate release if you are:

  • If you are 65 years old or more and you have served more than 75% or 10 years of your sentence
  • If you are 65 years old or more and you have an irreversible and serve medical condition. This is only taken under consideration when you have served at least half or your sentence
  • You are 70 years old or more and served at least 30 years of your sentence

Take note these are guidelines for options on compassionate release. They vary from state to state and depends if you are serving life sentences without parole. For terrorists and people with multiple life sentences, an early release is highly unlikely.

4.       CARES Act

There is a CARES Act home confinement that was put in place by the federal government due to the Covid-19 pandemic. It’s not a sentence reduction or early release option, but it can get you home for a period of time as your work other options.

Keep in mind this usually works for lower risk and non-violent inmates.

You can request the same on your own. However, that isn’t the best approach. You need to find a law firm or anyone with the “know-how” of how it works to assist you to speed up the process and show you guidelines of how to make it work.

Simply put, inmates who adhere to the prison guidelines of their correctional facility can apply for CARES Act home confinement. Remember, it is based on the amount of time you have served.

Conclusion

The information above gives you all you need to start working on getting an early release. You can choose to use one or all of the above options. Combining and executing this information ensures you have a higher probability of getting an early release.

The CARES Act is a great way to strategize on other early release options while at home.