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COVID-19 and early parole for federal inmates

The COVID-19 outbreak may provide an opportunity for some federal inmates to obtain early parole, also known as parole by exception.

Federal inmates are given their day and full parole eligibility dates when they enter custody. However, inmates can be released earlier under the Corrections and Conditional Release Act in certain circumstances. Section 121(1) says that “parole may be granted at any time” if:

  • The inmate is terminally ill;
  • The inmate’s physical or mental health is likely to suffer serious damage;
  • Continued confinement would constitute an excessive hardship that was not reasonably foreseeable at sentencing; and
  • The inmate is subject to an order of surrender under the Extradition Act and is to be detained until surrendered

Parole by exception is not available for some inmates, specifically:

  • Inmates serving life sentences imposed as a minimum punishment (or commuted from a sentence of death); and
  • Inmates serving sentences for an indeterminate period

To be granted parole by exception, inmates still need to satisfy the Board that 1) they will not (by re offending) present an undue risk to society before the expiration of their sentence, and 2) their release will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen.

Inmates, especially those who are elderly or who have medical conditions that put them at a higher risk of COVID-19, may be able to apply for and get early parole. Anyone who applies for early parole would still need to satisfy the Board that there would be no undue risk to society, and it can still take several months to complete the paperwork and have the Board review the case.

The parole by exception provision isn’t likely to be used to quickly release a large number of inmates, but it may provide one means of helping vulnerable inmates during the COVID-19 outbreak.

Contact us today if you want more information about applying for parole by exception.

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