Judicial release is a way for a judge to shorten a person’s prison sentence and let them return to the community under supervision. It is not guaranteed. A judge decides whether to grant it after looking at the law and the person’s situation.
A lot of people call VanHo Law in May and June and emphasize that they want to apply to have a family member's judicial release motion to be filed so they can be out of prison for the summer. As we often tell them, depending on the specific court and judge, a judicial release motion can take anywhere from two to six months to complete. As such, if a person wants to be released in time to enjoy the summer with their family, they need to start thinking about judicial release in the late-winter or early-spring.
1. When someone can apply for judicial release
The time when a person can ask for judicial release depends on the length and type of their sentence. In general, there are set waiting periods before filing. Common timelines include:
- For shorter prison terms: A person may apply after serving a small part of the sentence, such as [30 days to be determined].
- For mid-length terms: A person may apply after serving a larger part, such as [180 days to be determined] or [half of the stated term to be determined].
- For longer terms: A person may need to serve [four years to be determined] or [five years to be determined] before applying.
- For multiple sentences or special sentence structures: The timing may be different and can depend on how the sentences are stacked and what parts are mandatory.
Some parts of a sentence are “mandatory.” Time that is mandatory must be served first. No one can get judicial release from the mandatory part. The filing clock usually starts after the mandatory time is finished.
Because exact timelines depend on the specific sentence, a person should review their sentencing entry and consult an attorney to calculate the first eligible filing date and any later filing windows.
2. What judges must consider
A judge must look at the whole picture before deciding. Required considerations typically include:
- The nature and seriousness of the offense.
- The person’s criminal history and past supervision performance.
- The person’s conduct in prison, including rule violations and program participation.
- The person’s efforts at rehabilitation, such as education, treatment, or job training.
- Any risk to public safety and the likelihood of reoffending.
- The impact on victims, including any victim statements.
- Any restitution owed and the person’s plan to pay it.
- A reentry plan, such as housing, employment, schooling, or treatment.
- Whether release would be consistent with the purposes of sentencing, including punishment, deterrence, rehabilitation, and protection of the public.
Even if someone is eligible and has done well, the judge can still deny judicial release. If granted, the judge will place the person on community control (similar to probation) with conditions.
3. Offenses that are not eligible
Some offenses cannot receive judicial release. Common examples include:
- Offenses with mandatory prison terms, for the mandatory portion of the sentence.
- Certain serious violent offenses [specific list to be determined].
- Certain sex offenses [specific list to be determined].
- Major drug offenses with mandatory terms [specific list to be determined].
- Offenses where another law specifically bars judicial release [to be determined].
If part of a sentence is mandatory and part is not, judicial release may be possible only on the non-mandatory part after the mandatory term is fully served.
4. What happens if someone commits a new crime while on judicial release
When a person is granted judicial release, the rest of their prison term is suspended, and they are placed on community control with rules. If they commit a new crime or break the rules:
- The judge can hold a violation hearing.
- The judge can revoke judicial release.
- If revoked, the judge can order the person back to prison to serve some or all of the remaining time that was suspended.
- The person can also face new criminal charges for the new offense, with new penalties on top of the reinstated prison time.
Final notes
Judicial release is a second chance, not a right. Meeting the time requirement is only the first step. Strong behavior in prison, a solid reentry plan, and low risk to the community help. Because the rules and timelines depend on the exact sentence and offense, anyone considering judicial release should consult an attorney to review eligibility, deadlines, and the best time to apply.