Youthful offender parole
What is YOP?
Youthful Offender Parole (YOP) is a law that requires the parole board to give special consideration to the hallmark characteristics of youth when deciding whether to grant parole for certain people in prison. The characteristics of youth are things like immaturity, irresponsibility, recklessness, impetuosity, and the failure to appreciate risks and consequences. Research shows that people are more likely to exhibit these characteristics in their youth and early adulthood before the prefrontal cortex of their brain has fully developed.
To assist the parole board in considering these factors, each eligible person in prison has a right to submit materials describing their youthfulness before the crime and their subsequent growth and increased maturity in prison.
PDO mission statement regarding YOP
The Public Defender’s Office works with eligible former clients in prison to prepare a youthful offender submission on their behalf. This often involves speaking with the client, gathering documents that reflect the person’s youth (such as school or medical records), and interviewing people who knew the client before they went to prison.
Eligibility
Almost everyone sentenced to 15 years or more for a crime that occurred before their 26th birthday is eligible for YOP consideration. There are narrow exceptions for sentences imposed under the Three Strikes Law.
Note: Individuals who qualify for YOP must have been convicted in adult court. The maximum age a youth can be subject to a disposition issued in juvenile court is through age 24.
Suitability
In the end, the parole board decides whether an individual person is suitable for release on parole. If that person was under 26 when the crime happened, the board is required to consider the hallmark characteristics of youth. The board also considers many other factors including the person’s behavior in prison and the person’s insight into the crime.
The general process and timeline
People in prison are advised of the approximate date (month/year) of their parole hearing years in advance. They are given an exact date for the hearing six months prior to it and a state-appointed attorney is assigned to represent them at the hearing, unless they have privately retained a parole attorney. The Public Defender Office's work with a client usually begins in earnest about 6 months before the hearing.
What can I do as a family member?
It is important that we have names and contact information for family members and others who knew the client before they were sentenced to prison. These people are often important sources of information about the client’s youth.
What can a client do while incarcerated?
While in prison, it is important to participate in rehabilitative programming, work, study, and stay out of trouble. These are very important factors that the parole board considers. It is also important to have “insight” (or a deep understanding) of the factors that caused the young adult to commit the crime.
Preparing for parole hearing
It is important to be prepared for a parole hearing. Think of the hearing like a high-stakes job interview or graduation exam. Walking in unprepared or “winging it” never really works.
Potential outcomes
At a parole hearing, parole is typically either granted or denied. In some instances, the client agrees to postpone the hearing for a year or two. A grant of parole triggers a 150-day period for the full parole board and the Governor’s office to review the decision. In the event of a denial, it is usually for a period of 3 or 5 years (and sometimes longer in unusual circumstances). In some cases, a person may apply to advance their next hearing, so it occurs 18 months after the denial.
Life after release
Once released, clients are on parole. They typically go to a transitional housing program for the first several months or year. Once out of prison, it is important to continue with one’s recovery program and pursue schooling or seek employment.