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Is There Probation and Parole for Juveniles?
A common question we hear as Orange County juvenile defense attorneys is whether probation or parole is applicable to juveniles. Yes, in a nutshell, juveniles are eligible for both probation and parole. As a reminder, parole is for early-released prisoners while probation is a community-based alternative to jail.
Juvenile Probation
Juvenile probation is a form of supervision provided to young individuals who have been found guilty of committing a criminal offense. Unlike adult probation, which is often applied as an alternative to incarceration, juvenile probation is primarily focused on the rehabilitation and correction of the juvenile offender.
During probation, the juvenile will be required to adhere to specific conditions set by the court. These conditions may include regular school attendance, engaging in community service, attending counseling or rehabilitation programs, and refraining from engaging in any further criminal activities.
The goal of juvenile probation is to provide the necessary support and guidance to help the young individual understand the consequences of their actions while offering them a chance to reform their behavior. It is essential to note that probation is not a guarantee, and not all juvenile offenders are eligible for it.
Parole for Juveniles
Parole is another option for juveniles. California has implemented significant changes in the parole eligibility for juveniles convicted of serious crimes. Juvenile parole boards must consider the factors specific to youth, such as diminished culpability, hallmark features of youth, and any growth and increased maturity demonstrated by the inmate. The law emphasizes the need to evaluate the suitability of an individual for parole based on their personal development while incarcerated. To ensure a fair process, the parole board meets with the inmate six years prior to their parole eligibility date to provide information about the hearing process, legal factors, and individualized recommendations.
In 2017, two separate statutes were passed, amending the rules for youth offender parole eligibility. These changes provide an opportunity for individuals who committed offenses before the age of 25 to be considered for parole. One of the statutes ensures that individuals sentenced to life without parole for a crime committed before the age of 18 can be eligible for parole during their 25th year of incarceration. Additionally, the second statute extended youth offender parole eligibility to individuals who committed offenses before the age of 25. Under this provision, the length of sentence determines the parole eligibility period. For those convicted of controlling offenses committed at age 25 or younger and sentenced to a determinate sentence, they become eligible for parole after 15 years. Those sentenced to less than 25 years to life become eligible after 20 years, while those sentenced to 25 years to life become eligible after 25 years. However, the court recently upheld that parole can be denied in California to juveniles given life sentences. Contact us today if you have questions.
Orange County Juvenile Defense Lawyer: Contact Us Today
If you are in Orange County and seeking reliable legal representation for your child in a juvenile criminal case, trust the Law Office of Katie Walsh. Our experienced and dedicated legal team is well-versed in the intricacies of juvenile law and can provide the guidance and support you need. To schedule a free consultation, contact us today.
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