A California life sentence can mean two different things. A sentence such as "15 years to life" or "25 years to life" sets a minimum number of years before parole becomes possible. Life without the possibility of parole, or LWOP, allows no parole unless the crime was committed before age 18, and the exact crime decides which applies.

What is the difference between "years to life" and "life without parole"?

A sentence such as "15 years to life" makes parole possible once the minimum years are served; life without parole allows none unless the crime came before age 18. Which one a court imposes, and how long the minimum runs, comes from the exact statute and degree of the crime.

First-degree murder is the clearest example: Penal Code 190(a) sets the penalty at death, life without the possibility of parole, or 25 years to life, with the sentencing jury or judge choosing among them under the special-circumstance rules in Penal Code 190.2. Second-degree murder is ordinarily 15 years to life.

"Life without parole" also appears outside murder. Kidnapping for ransom under Penal Code 209(a) carries life without parole if the victim dies, suffers bodily harm, or is intentionally confined in a way that exposes them to a substantial likelihood of death, and life with the possibility of parole otherwise. California's One Strike law, Penal Code 667.61, imposes 15 years to life or 25 years to life on certain forcible sex crimes with a proven aggravating circumstance, and 25 years to life or life without parole for listed crimes against a minor. The firm's aggravated kidnapping and One Strike law answers cover those sentences in detail.

How many years must be served before parole on a life sentence?

At least seven calendar years, or a longer minimum if the specific sentence sets one, such as 25 years for a 25-years-to-life term.

"An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following: A term of at least seven calendar years. A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole." (Penal Code section 3046(a))

The first parole hearing is held one year before that minimum eligible parole date (Penal Code 3041(a)(2)). Someone sentenced to two or more consecutive life terms must serve this minimum on each of them before parole, and a life-without-parole sentence has no minimum to count toward unless the crime was committed before age 18, when Penal Code 3051(b)(4) sets a youth offender hearing in the 25th year.

What is a youth offender parole hearing, and who qualifies?

Someone 25 or younger when the crime behind their longest sentence happened gets a youth offender hearing in the 15th, 20th or 25th year, unless an exclusion applies.

The Board of Parole Hearings explains that the hearing rests on scientific evidence that the brain areas for impulse control and understanding consequences are not fully developed until a person's mid-to-late 20s.

"A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was 25 years of age or younger, or was under 18 years of age as specified in paragraph (4) of subdivision (b), at the time of the controlling offense." (Penal Code section 3051(a)(1))

The hearing comes during the 15th year of incarceration for a fixed-term sentence, the 20th year for a life term under 25 years to life, or the 25th year for a 25-years-to-life term or for life without parole imposed on someone who was under 18 at the time of the crime. The Board of Parole Hearings' own description of the program explains that it does not reach everyone: a person sentenced under the Three Strikes law, under the One Strike law, or to life without parole for a crime committed at 18 or older is not eligible.

"A youth offender is an incarcerated person who was under 26 years of age at the time of their controlling offense and is not otherwise disqualified as a youth offender under Penal Code section 3051, subdivision (h)... an incarcerated person sentenced to life without the possibility of parole is disqualified unless the person was under 18 years old when they committed the crime for which they were sentenced to life without the possibility of parole." (Board of Parole Hearings, Youth Offender Parole Hearings overview)

What is elderly parole, and who qualifies?

A person who has reached 50 and has been continuously incarcerated for at least 20 years can ask for an elderly parole hearing.

At that hearing, age, time served, and any diminished physical condition get special consideration.

"The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings, for purposes of reviewing the parole suitability of any inmate who is 50 years of age or older and has served a minimum of 20 years of continuous incarceration on the inmate's current sentence." (Penal Code section 3055(a))

A death sentence or life without parole removes eligibility for the Elderly Parole Program entirely. A Three Strikes second or third strike raises the age and time requirements instead, to 60 years of age and 25 years of continuous incarceration, under a 2014 federal court order in the Coleman and Plata prison-conditions case. The program also does not reach a person convicted of first-degree murder of an on-duty peace officer, or of a peace officer killed in retaliation for the officer's duties.

What happens at the hearing, and what if parole is granted or denied?

A hearing panel of Board of Parole Hearings commissioners decides whether the person is suitable for release, weighing the required factors and everything else the Board finds relevant.

If parole is granted, release follows once the decision becomes final, which the Board's own materials describe as taking about five months because the decision goes through the Board's review process and the Governor's review. If parole is denied, the next hearing is set 15, 10, 7, 5, or 3 years later, depending on the panel's findings.

Frequently asked questions

Can good-time credits move up the minimum years before a life-sentence parole hearing?

Sometimes. The Department of Corrections and Rehabilitation says good conduct and programming credits apply toward the minimum eligible parole date on an indeterminate sentence, though a statute can limit them, as Penal Code 190(e) does for a murder sentence's minimum term. Educational Merit Credits can also move up a youth offender's first hearing, but not on a life-without-parole sentence.

Does being granted parole at a life-sentence hearing mean release right away?

Not immediately. The Board of Parole Hearings states that release follows once the grant becomes final, a process that takes about five months because it includes the Board's own review and the Governor's review.

Is a Three Strikes life sentence the same thing as a murder life sentence?

No. A life sentence under California's Three Strikes law is a separate sentencing scheme based on prior serious or violent felony convictions, with its own rules for when it applies. The firm's three strikes guide explains how it works.

Can a life sentence ever be reduced through something other than parole?

In narrow situations, yes. A person convicted of felony murder, or of murder or attempted murder under the natural-and-probable-consequences doctrine, may petition the sentencing court under Penal Code 1172.6 to vacate the conviction if the person could not be convicted of murder today because of the 2019 changes to California's malice rules.

What happens if someone released on parole from a life sentence violates the conditions?

They can be returned to custody through the state's parole revocation process. The firm's parole revocation answer explains how that process works.

Does every life sentence come from a murder conviction?

No. Kidnapping for ransom, certain One Strike sex offenses, and a Three Strikes third-strike sentence can all carry a life term even when the conviction is not for murder.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free consultation and is available 24/7 to discuss a charge that carries a life sentence, with payment plans and Se habla español. Call (800) 755-5174 or request a free consultation online.