About Victims and Parole Hearings
The prosecutors, paralegals, and investigative assistants who handle parole hearings within the Orange County District Attorney's Office are tasked with representing the interests of public safety, victims, and victims' next of kin.
This team is responsible for reviewing and compiling information and evidence about the inmate and the relevant crimes, advocating on behalf of the Office, and protecting the rights of victims and victims’ next of kin. This team’s work ensures that parole decisions are made in a fair, informed, and consistent manner, in line with the values of justice and public safety.
Parole Hearings: Your Rights Under Marsy's Law
A parole hearing is a proceeding to determine whether an inmate is not a current, unreasonable risk of danger to the public and is suitable for release to parole supervision.
The California Constitution guarantees victims and their next of kin the following rights:
- To be informed of all parole procedures
- To participate in the parole process
- To provide information to the parole authority to be considered before the parole of the offender
- To be notified, upon request, of the parole or other release of the offender.
Introduction to Parole Hearings
This video explains what a parole hearing is, your rights as a victim, and how you, as a victim, can participate in a parole hearing. The Orange County District Attorney’s Office staffs every Parole hearing with a prosecutor to ensure that your voice is heard and your concerns are effectively communicated to the parole board.
How Do I Participate in a Parole Hearing?
As a victim or a victim’s representative, you have the right to participate in a parole hearing to express your concerns or opposition regarding the release of an inmate. Here’s how you can take part:
Registering with CDCR/BPH
Before you can participate in a parole hearing, you need to register with the California Department of Corrections and Rehabilitation (CDCR) and the Board of Parole Hearings (BPH). This registration ensures that you are notified of upcoming hearings involving the inmates and provides you with the opportunity to submit statements or participate directly.
- How to Register: You can register online through the CDCR/BPH website or by contacting the Office of Victim and Survivor Rights and Services (OVSRS) at (877) 256-6877.
- Important Notes: Make sure to update your contact details with CDCR/BPH if they change. Victims have the right to receive hearing notifications and to be informed about any changes in the hearing schedule.
Submitting a Letter / Video to BPH
If you are unable to or prefer not to attend a parole hearing, you can send a letter or a video to the Board of Parole Hearings prior to the hearing for the board to consider.
Written Statement
Victims can submit a written letter regarding their views on the offender’s release, detailing the crime’s impact on themselves, their families, and their communities. They can express their stance on parole and any concerns about the offender’s release. This statement can be submitted anytime before the hearing date.
Video Statement
Victims can submit a video message instead of a written letter, providing a personal expression of their thoughts and feelings. Both the video and its transcript must be submitted at least 21 days before the hearing.
Where to Send
Both letters and videos should be submitted to the Board of Parole Hearings, and it’s important to send them by the deadlines specified above.
BPH.CorrespondenceUnit@cdcr.ca.gov
Board of Parole Hearings
Post Office Box 4036
Sacramento, CA 95812-4036
Telephone: 916-445-4072
Participating in the Parole Hearing
Victims have the right to participate directly in the parole hearing itself. As of July 2021, California has permanently shifted to videoconference for parole hearings, a change enabled by AB 145, which revised the Penal Code. In-person hearings are authorized in very limited circumstances where there may be challenges communicating with the inmate.
How to Register:
You are required to contact OVSRS each time you want to participate in a parole hearing. This must occur at least 15 days prior to the hearing. You can contact them at 877-256-6877 or at victimservices@cdcr.ca.gov.
Remote Participation:
After you have contacted OVSRS that you will be participating in the parole hearing, you will be sent a video conference link. Each person who attends the parole hearing will be given their own video conference link to use.
In-Person Participation
If a hearing is held in-person, you can choose to attend in-person, by video conference, or by phone. In the District Attorney’s Office, we have an organization known as Waymakers, which offers support throughout the entire process. If you choose, they can accompany you during the hearing as victim witness advocates. If you decide to go in-person to the prison, you will be met by representatives of the Office of Victim and Survivor Rights and Services (OVSRS) who will guide you through the process.
Victim Statements:
During the hearing, you will have an opportunity to share how the crime affected you, your life, and your family. This input is taken into consideration by the panel when making their decision. You can also express concerns about the offender’s rehabilitation and readiness for release.
Office of Attorney General – Victim Services Unit
The Victims’ Services Unit (VSU) is dedicated to serving, and empowering victims and survivors and their families, and connecting them with relevant and tailored resources. https://oag.ca.gov/victimservicesI-CAN: Crime Victims Assistance Network
Provides victim centered, comprehensive services to victims of violent crime. To treat victims with dignity and respect and to help ensure that this continues throughout their healing journeyhttps://oag.ca.gov/victimservices
Office of Victim & Survivor Rights & Services
Provides valuable information if you were the victim, survivor, or witness to a crime and the offender was sentenced to the California Department of Corrections and Rehabilitation (CDCR) either in an adult or juvenile facility.Recent changes in the law may offer opportunities for an inmate to become eligible for parole sooner than expected. Below are key programs that could impact parole eligibility, including Medical Parole, Elderly Parole, and Youthful Offender Parole.
Medical Parole
A medical parole is a process where an inmate who permanently medically incapacitated may be considered for release to a licensed, community health care facility. This program was established in 2011 through Senate Bill 1399.
Elderly Parole
An inmate may be eligible for Elderly Parole if they meet certain criteria, depending on the crime and sentence. Generally, if an inmate has served at least 20 years and is 50 years old, or has served 25 years and is 60 years old, they may be considered for parole. This process was created through a 2014 court order in the case Plata/Coleman v. Newsom and was later codified in 2018 by Assembly Bill 1448.
Youthful Offender Parole
Inmates who committed their crimes when they were under 26 years old are eligible for Youthful Offender Parole. Additionally, if an inmate was sentenced to life without the possibility of parole for a crime they committed when they were under 18, they may be eligible for parole. This process was established in 2014 by Senate Bill 260.
After all you have been through, facing the possibility of your offender’s early release can bring back painful memories, uncertainty, and fear. But you are not alone, and you do have a say in this process. Your voice can make a difference, not just in the outcome of a parole hearing, but ensuring that the system recognizes the lasting impact of crime on real people like you. Please take your time exploring the resources here and know that our office is always available to assist you.