Proposed changes to credit earnings give lifers and long-termers hope

Lifers, long-termers and their loved ones may not be familiar with the case named “Criminal Justice Legal Foundation et al v California Department of Corrections et al”, but they undoubtedly know the impact: the subtraction of milestone and rehabilitative achievement credits (RAC) from the time an incarcerated individual has to serve after being found suitable for parole. Effective in 2024, this change continues to impact individuals appearing before the Board of Parole Hearings (BPH) on an almost daily basis.

Individuals earn RAC and milestone credits when they participate in self-help groups, education and college classes, substance abuse programs, and other rehabilitative endeavors. These types of programs are offered in carceral facilities in California to allow individuals to actively address the issues that led to their criminal behavior, upgrade educationally and vocationally, and achieve sobriety, among other goals.

According to the California Code of Regulations, one of the primary objectives of carceral facilities is to allow “every reasonable opportunity and encouragement to participate in rehabilitative activities.” Beyond the intrinsic motivation people have to pursue their rehabilitation, RAC and milestones provide some extrinsic motivation for those endeavors.

But, after the recent court decision, the extrinsic motivation for lifers and long-termers was tempered somewhat since it precludes them from being released prior to their minimum eligible parole dates (MEPD) — a date calculated without applying RAC and milestones.

Now, Assembly Bill 622, authored by Assemblymember Ash Kalra (D-San Jose), could change how BPH applies those credits to parole dates. The bill would require the Secretary of Corrections to “apply all applicable credits” for those serving one or more life terms, amending Penal Code section 3046.

These changes would help many, including Central California Women’s Facility resident Carline Angel Balbuena. Balbuena was resentenced in 2023 following an exceptional conduct referral pursuant to Penal Code 1172 by the Secretary of Corrections. Balbuena then appeared before BPH on Aug. 14, 2024, and was found suitable for parole.

Next, as a general rule, BPH and the governor review parole cases following suitability hearings to ensure the finding of suitability is upheld.

Following her suitability finding, Balbuena’s case was referred to the en banc panel of BPH in part to determine whether her parole plans were solid. After a hearing on her case, her parole grant was affirmed. In so doing, BPH also affirmed that Balbuena had realistic parole plans.

This process is typically concluded in no more than 150 days. But, unlike so many lifers she had observed over the years, Balbuena did not parole five months after she was found suitable for parole.

Instead, Balbuena’s parole date was calculated to be Aug. 15, 2025. But that date could change again, depending on a prerelease audit where credits are recalculated. Balbuena suspects her parole date could change to Aug. 19, 2027.

When dates get scheduled too far into the future, a number of potential problems arise, as Balbuena explained.

“I’m concerned that if I have to wait two more years, the transitional housing I’ve been accepted to may be out of business. Anything could happen with that,” Balbuena said. Similarly, solid parole plans generally include one or more job offers, which Balbuena has.

“Jobs that have been offered may no longer be available when I parole. It’s putting a burden on stability — all of that can be taken away in two years,” Balbuena said.

Another thing that can be taken away at any time is a person’s good health. Balbuena, who suffers from health conditions, wants to be able to parole and still work. “Over two years, my health might get worse. I may get out and be dependent on the government when I could have had a job,” she said.

Relatedly, individuals who have MEPDs far in the future may suffer the death of a loved one who is waiting for them or watch a loved one become ill during that time. Balbuena is concerned that her sister, who is not in the best of health, may worsen before she can parole.

If passed, AB 622 will ensure that credits earned by lifers and long-termers in pursuit of their rehabilitation will count towards their parole dates and allow individuals who no longer pose a danger to society to reenter the community in a timely way. Further, AB 622 will save California taxpayers hundreds of thousands of dollars annually by no longer incarcerating individuals who have been deemed suitable for parole. For Balbuena specifically, she would be released immediately and allowed to rejoin society.