Is There Parole In Federal Prison

Is There Parole In Federal Prison

No – there is no parole in federal prison system for defendants sentenced after November 1, 1987. Sentencing Reform Act of 1984 abolished federal parole effective November 1, 1987. If you’re sentenced to federal prison today, you serve approximately 85% of your sentence (with good time credit) with no possibility of parole board releasing you earlier. This is fundamental difference from many state systems where inmates become parole-eligible after serving 25-50% of sentences. Federal “supervised release” served after prison is not parole – it’s additional supervision period added to sentence, not early release from sentence. Without parole, federal sentences are harsh and predictable: 120-month sentence means serving approximately 102 months (8.5 years) in federal custody. Only ways to reduce federal sentence are: good time credit (maximum 15% reduction), substantial assistance motion by government (Rule 35), compassionate release for extraordinary circumstances, or First Step Act sentence reductions for old drug cases. Understanding that federal system has no parole is critical when evaluating plea offers and preparing for lengthy incarceration periods.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended federal criminal cases for many, many years. We help clients understand harsh reality of federal sentencing without parole, fight for lowest possible sentences at initial sentencing, and pursue post-sentencing relief through available mechanisms. We’ve successfully obtained sentence reductions through substantial assistance motions, compassionate release, and First Step Act modifications. Without parole, sentence imposed is essentially sentence served – making vigorous advocacy at sentencing hearing absolutely critical to minimizing years in federal custody.

History of Federal Parole Abolition

Federal parole existed from 1910 until 1987. Under old system, U.S. Parole Commission evaluated inmates for potential release after serving portion of sentences. Inmates typically served 30-40% of sentences before parole consideration. Parole decisions were highly discretionary – commissioners assessed: inmate’s institutional conduct and participation in programs, acceptance of responsibility and remorse, risk of recidivism, family support and release plan. Result was significant disparity: two defendants with identical sentences might serve vastly different actual time (one released on parole after 3 years, another serving 7 years of 10-year sentence). Critics argued system was arbitrary, unpredictable, and unfair.

Sentencing Reform Act of 1984: Congress passed comprehensive sentencing reform including: abolishing parole for federal offenses committed after November 1, 1987, creating U.S. Sentencing Commission and mandatory sentencing guidelines, establishing determinate sentencing (fixed sentences rather than ranges with parole), and creating “supervised release” as post-incarceration supervision. Goals were: eliminating sentencing disparity, making sentences more predictable and transparent, ensuring criminals serve substantial portions of sentences (truth in sentencing), and reducing judicial discretion in sentencing. Result: federal sentences became longer in practice despite sometimes appearing shorter. Pre-reform: 10-year sentence might mean 4 years served before parole. Post-reform: 10-year sentence means 8.5 years served (85% with good time).

How Federal Sentences Work Without Parole

Determinate sentencing: judge imposes specific sentence which defendant serves (minus good time credit). Sentence structure includes: term of imprisonment (example: 120 months), supervised release term (example: 3 years), restitution and fines if applicable. Inmate serves approximately 85% of imprisonment term if full good time credit earned. After completing imprisonment, inmate serves supervised release term. No parole board reviews case for early release – sentence imposed is sentence served (with good time reduction). Example: defendant sentenced to 120 months prison + 3 years supervised release. With good time credit: serves approximately 102 months (8.5 years) in federal custody. Then serves 3 years (36 months) supervised release. Total time under sentence: 138 months (11.5 years). No parole board can release defendant earlier than 102 months.

Contrast with state parole systems: many states still have parole for inmates. State inmate might be sentenced to 10 years but become parole-eligible after 3-5 years. Parole board evaluates inmate and can grant early release if inmate demonstrates rehabilitation. State inmates often serve 25-50% of sentences before parole (if granted). Federal inmates serve 85-100% of sentences with no parole possibility. This makes federal sentences much harsher in practice even when nominal sentence lengths appear similar to state sentences.

Exceptions: Old Law Parole Cases

Small number of federal inmates sentenced before November 1, 1987 remain eligible for parole. These “old law” inmates are governed by pre-Sentencing Reform Act provisions. U.S. Parole Commission still exists solely to handle: old law federal inmates (pre-1987 sentences), D.C. Code offenders (D.C. criminal code cases), and certain military and foreign treaty transfer cases. If you were sentenced after November 1, 1987 (vast majority of current federal inmates), Parole Commission has no jurisdiction over your case. You cannot apply for parole or have parole hearing. This exception is narrow and shrinking as old law inmates complete sentences. For practical purposes, federal parole no longer exists for current defendants.

Good Time Credit Is Not Parole

Only automatic sentence reduction is good time credit (18 U.S.C. § 3624(b)). Inmates earn up to 54 days good time per year of sentence imposed (approximately 15% reduction). Good time calculation: 60-month sentence: 54 days × 5 years = 270 days (9 months) credit. Serve 51 months (85%). 120-month sentence: 54 days × 10 years = 540 days (18 months) credit. Serve 102 months (85%). Good time is earned automatically if inmate: maintains clean disciplinary record (no serious infractions), participates in prison programs, and complies with institutional rules. Good time is not parole because: it’s automatic credit applied to sentence, not discretionary release decision, no board evaluates rehabilitation or release readiness, reduction is modest (maximum 15% versus parole which could release inmates after 30-40%), and good time can be revoked for disciplinary infractions, extending release date.

Mechanisms for Reducing Federal Sentences

Without parole, only ways to reduce federal sentence are: Substantial assistance (Rule 35 or 18 U.S.C. § 3553(e)): if defendant provides substantial assistance to government in investigating or prosecuting others, government can file motion for sentence reduction. Court has discretion to reduce sentence below mandatory minimum or guideline range. Reduction depends on value of assistance – typically 30-50% reduction for substantial cooperation. Government has complete discretion whether to file motion – defendant cannot compel it. This is closest analog to parole but depends entirely on having valuable information to offer and government’s willingness to reward cooperation.

Compassionate release (18 U.S.C. § 3582(c)(1)(A)): inmates can seek early release for “extraordinary and compelling reasons.” Grounds include: terminal illness or serious medical condition, age (typically 65+ and served substantial portion of sentence), family circumstances (death or incapacitation of spouse/partner caring for minor children), or other extraordinary circumstances. First Step Act (2018) expanded compassionate release by allowing inmates to file motions directly after exhausting administrative remedies (30-day waiting period after request to BOP). Previously only BOP could initiate compassionate release. Standard is strict – courts grant compassionate release sparingly. Must show extraordinary circumstances + demonstrate defendant isn’t danger to public.

First Step Act sentence reductions (18 U.S.C. § 3582(c)(1)(B)): inmates sentenced for crack cocaine offenses before Fair Sentencing Act (2010) can seek sentence reductions. Fair Sentencing Act reduced disparity between crack and powder cocaine sentencing (from 100:1 to 18:1 ratio). First Step Act made Fair Sentencing Act retroactive. Inmates sentenced under old harsher crack guidelines can petition for resentencing under current more lenient guidelines. Potentially significant reductions for crack cocaine defendants. 2255 motions: inmates can challenge sentences based on constitutional violations (ineffective assistance of counsel, illegal sentence, jurisdictional defects). Successful 2255 motion can result in resentencing or release. Standard is high – must show fundamental error, not mere disagreement with sentence.

Supervised Release Is Not Parole

Federal sentences include supervised release term served after prison. Supervised release is not parole because: it’s additional time added to sentence, not early release from sentence. Defendant serves full prison term first (minus good time), then serves supervised release period. Total time under sentence = prison time + supervised release time. Parole, by contrast, releases inmate early from prison sentence to serve remainder under supervision. Example showing difference: Federal system (no parole): Sentence = 120 months prison + 3 years supervised release. Serve 102 months prison (with good time). After release, serve 36 months supervised release. Total: 138 months under correctional control. State system with parole: Sentence = 120 months prison. Become parole-eligible after 40 months. If granted parole, released after 40 months to serve remainder under parole supervision. Serve 40 months prison + 80 months parole supervision = 120 months total. Parolee serves same 120 months but mostly in community under supervision. Federal defendant serves 102 months in prison (much longer incarceration) plus additional 36 months supervision.

Supervised release conditions: similar to parole conditions but imposed after completing full prison term. Defendant must: report regularly to probation officer, maintain employment, submit to drug testing, not commit new crimes, not associate with felons, obtain permission for travel, participate in treatment programs. Violating supervised release results in revocation and additional prison time (then return to supervised release for remainder of original term). Supervised release extends total time under correctional control beyond prison sentence rather than substituting supervision for prison time.

Strategic Implications of No Parole

Without parole, federal defense strategy focuses on: Fighting for lowest possible sentence at initial sentencing: because sentence imposed is essentially sentence served (minus 15% good time), every month matters. Difference between 96-month and 120-month sentence is approximately 20 months actual custody (about 82 months vs. 102 months served). Vigorous advocacy at sentencing for variances, departures, and lowest guideline calculation is critical. Arguing for alternatives to incarceration: for low-level offenders, arguing for probation, home confinement, or short sentence followed by long supervised release. Without parole, even 60-month sentence means 51 months in federal prison – pushing for non-incarceration sentences is important for eligible defendants.

Pursuing cooperation opportunities: substantial assistance is primary mechanism for sentence reduction. Defendants with information about higher-level targets should consider cooperation to avoid harsh mandatory minimums or obtain sentence reductions. Preparing for full sentence: families and defendants must prepare for serving 85% of sentence. Unlike state systems where parole might bring early release after 1/3 of sentence, federal inmates serve vast majority of sentences. This requires: financial planning for extended incarceration, child care arrangements for lengthy periods, employment and housing planning for release date years in future, and emotional preparation for determinate lengthy separation. Planning for post-sentencing relief: investigating potential grounds for compassionate release, First Step Act reductions, or 2255 relief. While these mechanisms succeed rarely, they’re only options for sentence reduction absent cooperation.

Todd Spodek has defended federal criminal cases throughout his career, fighting for lowest possible sentences at initial sentencing and pursuing post-sentencing relief when grounds exist. Federal system’s abolition of parole means sentence imposed is sentence served – making aggressive sentencing advocacy essential. When you’re facing federal charges or sentencing, call 212-300-5196 for counsel who understands harsh reality of federal sentences and fights to minimize years in federal custody.