Is There Parole in Federal Prison

Is There Parole in Federal Prison

The short answer is no.

Federal parole was abolished.

The abolition occurred in 1987.

Specifically, November 1, 1987.

This affected crimes committed after that date.

If you face federal charges, this matters.

It matters greatly.

Understanding this shift is crucial.

The federal sentencing system changed fundamentally.

Parole elimination means something significant.

Federal defendants serve nearly complete sentences.

They serve time behind bars.

Early release opportunities are limited.

Very limited.

This article explains the changes.

It explains what happened to parole.

What replaced the old system?

We will cover that.

Narrow exceptions still exist.

We discuss those exceptions.

Alternative early release mechanisms are available.

Current federal law provides some options.

Understanding these options matters.

The Abolition of Federal Parole

Congress eliminated federal parole.

They did this through legislation.

The Sentencing Reform Act of 1984.

This was part of larger legislation.

The Comprehensive Crime Control Act.

The law took effect later.

November 1, 1987 was the date.

Federal sentences changed fundamentally.

The change was dramatic.

Before this reform, things worked differently.

The federal parole system allowed early release.

Prisoners could be released early.

A parole board supervised this.

Early release was common.

Someone sentenced to fifteen years might serve five.

This was not uncommon.

They served only five years.

Then they were paroled.

Congress saw a problem.

They viewed this as problematic.

The disparity concerned them.

Sentence imposed versus time served.

Congress considered this dishonest.

Crime victims felt deceived.

The public felt deceived.

Unfairness was evident.

The Sentencing Reform Act had objectives.

Two primary objectives.

First was honesty in sentencing.

The sentence imposed should match time served.

They should match closely.

Second was reducing disparities.

Sentencing disparities were unjustifiably wide.

Similar offenders received different sentences.

Vastly different sentences.

For similar crimes.

Congress wanted to fix this.

They created a new system.

A system of determinate sentencing.

The law established a commission.

The United States Sentencing Commission.

An independent agency.

The agency had a task.

Developing sentencing guidelines.

These guidelines would limit discretion.

Judicial discretion specifically.

They would create uniform sentences.

Uniform across the country.

Under this new framework, things changed.

Federal prisoners would serve full sentences.

Well, nearly full sentences.

Minus only good time credits.

Good time for good behavior.

This shift meant something.

It meant real-time sentencing.

Discretionary parole release ended.

Federal inmates lost parole.

Those convicted of crimes after November 1, 1987.

They lost the possibility.

No early release through parole boards.

What Replaced Parole: Supervised Release

Congress abolished parole.

But they replaced it.

They replaced the system.

With supervised release.

Supervised release and parole sound similar.

They might sound alike.

But they are different.

Fundamentally different.

In critical ways.

Supervised release is a period.

A period of court supervision.

It begins after something.

After a federal prisoner completes their sentence.

Their prison sentence.

It does not shorten prison time.

It does not.

Instead, it adds time.

An additional period of oversight.

Added on top of incarceration.

Consider an example.

A defendant sentenced to ten years.

Ten years in prison.

Followed by three years supervised release.

They will serve the full ten.

The full ten years behind bars.

Before beginning supervised release.

The three-year period.

Key differences exist.

Between parole and supervised release.

These differences are significant.

With parole, a board decides.

A parole board.

They decide during incarceration.

Whether to grant early release.

Based on various factors.

Rehabilitation is one factor.

Behavior is another.

And other factors.

The prisoner earns parole.

By demonstrating readiness.

Readiness to reenter society.

With supervised release, things differ.

There is no discretionary decision.

No discretion at all.

The judge sets the term.

Sets it at sentencing.

The judge also sets conditions.

Conditions of supervised release.

At the time of sentencing.

The defendant will serve that period.

After completing their prison term.

Regardless of behavior.

Regardless of rehabilitation.

The authority structure also differs.

It differs significantly.

Under the old parole system, parolees remained.

They remained in legal custody.

Custody of the Attorney General.

Under the jurisdiction of someone.

The United States Parole Commission.

Violations of parole conditions were handled.

Handled administratively.

By the Parole Commission.

Without a hearing before a judge.

No federal judge hearing.

In contrast, supervised release works differently.

Individuals on supervised release are different.

They are under different jurisdiction.

United States District Court jurisdiction.

Supervised by the Probation Office.

If someone violates conditions, something happens.

Violates conditions of supervised release.

They are entitled to something.

Entitled to a hearing.

A hearing before the district judge.

The judge can revoke supervised release.

The judge can impose prison time.

Additional prison time.

Supervised release conditions typically include things.

Regular meetings with a probation officer.

Drug testing is common.

Employment requirements exist.

Restrictions on travel apply.

Prohibitions on contact with individuals.

Certain individuals.

The judge has discretion.

Broad discretion.

To impose conditions.

Conditions tailored to the individual.

The individual’s offense.

And circumstances.

This system ensures something.

Federal defendants remain under supervision.

After release from prison.

Without the unpredictability of parole boards.

Parole boards making discretionary decisions.

The sentence imposed by the judge matters.

It is the sentence served.

Fulfilling Congress’s goal.

Honesty in sentencing.

Exceptions: Who Still Has Parole

Federal parole was eliminated.

Eliminated for most prisoners.

But a small number remain eligible.

Eligible under the old system.

These exceptions are narrow.

They apply only to specific categories.

Categories of offenders.

The primary exception covers individuals.

Individuals convicted of federal crimes.

Crimes committed before a date.

Before November 1, 1987.

These are old law prisoners.

They were sentenced differently.

Under the pre-Guidelines system.

They remain eligible for parole.

Parole consideration.

By the United States Parole Commission.

To be considered, they must do something.

Complete at least one-third of their sentence.

One-third of the sentence.

Current estimates suggest something.

Fewer than 2,000 federal prisoners remain.

Still fall into this category.

The number decreases each year.

As these individuals complete their sentences.

Or pass away.

Several other categories exist.

Of offenders.

They also remain under jurisdiction.

The Parole Commission’s jurisdiction.

Offenders sentenced under D.C. law.

The District of Columbia criminal code.

They are eligible for parole.

D.C. was not included.

Not included in the abolition.

Federal parole abolition.

Individuals convicted under military law.

The Uniform Code of Military Justice.

Who are serving sentences where?

In federal Bureau of Prisons facilities.

They may also be eligible.

Eligible for parole.

Additionally, inmates serving sentences matter.

In the United States.

Under transfer treaties.

With foreign countries.

Defendants in state cases also matter.

Who are in federal custody.

Under witness protection programs.

They may have parole eligibility.

The United States Parole Commission continues.

It continues to operate.

Specifically to handle cases.

Cases involving these limited categories.

Of offenders.

The agency once oversaw something.

Parole decisions for all federal prisoners.

Its role has diminished.

Diminished significantly.

Since 1987.

Now focuses on something.

This small and declining population.

Early Release Mechanisms Under the First Step Act

Federal parole no longer exists.

Not for modern offenders.

But Congress has created mechanisms.

Other mechanisms.

For reducing time in custody.

The most significant development was recent.

The First Step Act of 2018.

It introduced new opportunities.

Opportunities for early release.

And improved conditions.

For federal inmates.

The First Step Act enhanced something.

The good time credits system.

This system existed under old law.

Previously, federal inmates could earn something.

Up to 47 days.

Of good time credit.

For each year served.

The First Step Act increased this.

Increased to 54 days.

For every year of imposed sentence.

Not just time served.

The imposed sentence.

This change was applied retroactively.

Meaning prisoners already incarcerated could benefit.

Benefit from the increased calculation.

Good time credits are earned how?

Through good behavior.

And compliance with prison rules.

They represent something.

One of the few ways.

Federal inmates can reduce time.

Actual time behind bars.

Beyond good time credits, something else exists.

The First Step Act created something new.

An entirely new system.

Of earned time credits.

Under this program, eligible inmates can earn.

Between 10 and 15 days.

Days of credit.

For every 30 days.

Of successful participation.

In evidence-based programs.

Recidivism reduction programs.

Or productive activities.

The amount of credit depends on something.

Depends on a risk assessment.

Inmates determined to have lower risk.

Lower risk of reoffending.

Earn more days of credit.

Than those assessed as higher risk.

Creating an incentive.

For participation and rehabilitation.

These earned time credits can be applied.

Applied toward earlier placement.

In prerelease custody.

Including Residential Reentry Centers.

And home confinement.

Additionally, something else applies.

At the discretion of someone.

The Bureau of Prisons Director.

Up to 12 months.

Of earned time credits.

Can be applied toward supervised release.

The supervised release term.

Importantly, these credits are available.

Available retroactively.

Back to December 21, 2018.

The date the Act was signed.

Signed into law.

However, limitations apply.

Significant limitations.

To earned time credits.

Inmates convicted of certain offenses.

Certain serious offenses.

Are ineligible.

Ineligible to participate in the program.

These disqualifying offenses generally include something.

Violent crimes.

Terrorism-related offenses.

Espionage.

Human trafficking.

And sex crimes.

Or sexual exploitation offenses.

Additionally, the First Step Act applies where?

Only to individuals in federal prison.

State prisoners receive no benefits.

No benefits under this legislation.

This federal legislation.

While earned time credits provide something.

A pathway to earlier release.

From Bureau of Prisons custody.

They do not function like parole.

Not like traditional parole.

The credits move inmates.

From higher security facilities.

To lower security settings.

Or home confinement.

Rather than granting freedom.

Complete freedom.

Full release still requires something.

Completing the imposed sentence.

Though portions can be served differently.

Can now be served outside.

Outside traditional prison walls.

Compassionate Release

Another avenue exists.

For potential early release.

From federal prison.

Compassionate release.

A humanitarian program.

Designed for inmates with circumstances.

Extraordinary circumstances.

Compassionate release allows something.

Allows the court to reduce a sentence.

When an inmate demonstrates something.

Extraordinary and compelling reasons.

That warrant early release.

The most common basis is illness.

Terminal illness.

Federal law permits compassionate release.

For inmates with terminal conditions.

Terminal medical conditions.

And a life expectancy.

Of 18 months or less.

Some courts have granted relief.

For inmates with serious conditions.

Medical conditions.

That constitute something.

An end-of-life trajectory.

Even without a specific prognosis.

Without 18 months.

Elderly inmates may also qualify.

Qualify for compassionate release.

Under age-based provisions.

One pathway requires something.

The inmate to be 65.

At least 65 years old.

Experiencing serious health deterioration.

Or chronic conditions.

Related to aging.

And to have served something.

Either 10 years.

Or 75 percent of their sentence.

Whichever is less.

A separate provision allows something.

For compassionate release.

For inmates who are 70.

70 years old or older.

And have served something.

At least 30 years.

In federal custody.

Other extraordinary reasons can include things.

Family circumstances.

Such as the death of someone.

Or incapacitation.

Of the only available caregiver.

For the inmate’s minor child.

Courts have also considered situations.

Other unique situations.

On a case-by-case basis.

Despite the existence of provisions.

Compassionate release provisions.

The program faces challenges.

Serious implementation challenges.

According to findings.

The Department of Justice’s own findings.

The Bureau of Prisons program.

Compassionate release program.

Has been poorly managed.

And implemented inconsistently.

Statistics show something.

Only approximately 4 percent.

Of compassionate release requests.

Submitted to the Bureau.

Are granted.

Many terminally ill inmates die.

Die before their requests are decided.

Due to bureaucratic delays.

And administrative obstacles.

The First Step Act reformed procedures.

Compassionate release procedures.

To allow inmates to petition.

Petition the court directly.

If the Bureau denies their request.

Or fails to respond.

Within 30 days.

This change has increased something.

The number of motions filed.

Compassionate release motions.

Though approval rates remain low.

Relatively low.

Compared to the number.

The number of applications.

Understanding Your Options

The elimination of federal parole represents something.

A fundamental change.

In how the system operates.

The federal criminal justice system.

For defendants facing federal charges, this means something.

The sentence imposed by the court.

Will closely match time served.

Time actually served in prison.

Unlike the old system.

Where parole boards could grant release.

Early release.

Today’s federal inmates serve sentences.

Serve their full sentence.

With only limited reductions.

For good behavior.

Supervised release ensures something.

Continued oversight after prison.

But does not reduce prison time.

The First Step Act provides opportunities.

For good time credits.

And earned time credits.

That can shorten incarceration.

Or allow for earlier transfer.

To home confinement.

But these mechanisms are limited.

Not available to all offenders.

And do not replicate parole.

The discretionary early release of parole.

Traditional parole.

Compassionate release exists.

For truly extraordinary circumstances.

But is rarely granted.

Granted in practice.

If you are facing charges.

Federal criminal charges.

Understanding these distinctions is essential.

Essential for realistic planning.

The sentence you receive matters.

It will determine something.

How long you remain incarcerated.

An experienced attorney can help.

Federal criminal defense attorney.

They can help you navigate.

Navigate the federal sentencing process.

Advocate for the lowest sentence.

The lowest possible sentence.

And ensure you understand.

All available options.

For reducing time in custody.

Through lawful means.

While federal parole no longer exists.

Knowledge of the current system matters.

And its limited alternatives.

Can make a difference.

A critical difference.

In preparing for a sentence.

A federal sentence.

And managing that sentence.

Legal representation matters.

At every stage.

From the initial charges.

Through sentencing.

And beyond.