“Have a seat please, and tell us what we can do for you today.”
This is the kind of greeting parole seekers receive in South Carolina when they sit down to discuss their chance at freedom. But the warm welcome belies a cold, harsh statistic.
In 2024, South Carolina granted parole to 4% of applicants, or 25 out of 3,000 people. Prison Policy Initiative rates South Carolina as the lowest of the 35 states that grant discretionary parole, which allows people to leave prison before their sentence is complete. It’s so low that one lawyer who works on parole cases nicknamed the parole board the “rejection board.”
Even as parole rates have plummeted across the country in recent years, South Carolina remains an extreme outlier. Nearby Southern states grant parole at much higher rates, including Georgia (28%), Alabama (20%) and Mississippi (49%).
Shifting criteria
What does it take to win freedom via parole in South Carolina?
James T. had what he thought was a promising application. He was officially deemed “minimal risk” to reoffend and had no disciplinary record, and that wasn’t all. “I had five character witnesses, a home plan, job plan, no write-ups and I still got turned down,” he said.
Most prisoners I spoke to said they received a standard form letter that stipulated the primary reason for denial as “the nature and severity of the crime.”
“Tell me just how I’m supposed to change the nature of my crime?” asked James T., who was convicted of aggravated assault. “They can use that so-called reason ’til doomsday. No matter what programs I take or how perfect my conduct is, it won’t change what I did.”
In fact, 27 of the 35 state parole boards use “nature or severity of crime” as a primary reason to deny parole, according to Prison Policy Initiative, a nonprofit and nonpartisan organization that researches the U.S. prison system. It is only superseded by one’s “criminal history” — which includes one’s history of incarceration, supervision and arrests.
No one I spoke to argues that it’s unreasonable for the parole board to ask applicants to demonstrate that they have “reformed” and will lead a productive life if paroled. The problem, they said, is the vague and subjective criteria used by the parole board to make their decision.
“We’ve found that in practically every state, parole boards cite a denial based not just on the nature of the crime but [on the idea] that to grant parole would diminish the severity [of the crime] and promote a disrespect for law and order,” said Brian Scott, director of Our Journey, a North Carolina-based transition service for people released from prison. “It’s all just rhetoric.”
‘They answer to nobody but themselves’
South Carolina’s parole board considers at least 15 criteria when granting parole, according to a memo from the state Department of Probation, Parole and Pardon Services. Good conduct while in prison, participation in programs, education and treatment (such as for substance abuse and addiction) are touted as central to parole decisions.
Billy D. checked all of those boxes.
“I plum ran out of programs to take years ago,” he said with a chuckle. “I took every class, got a college degree in business that’s not worth the paper it’s printed on, and have been in recovery for over 20 years.”
Billy D. is an accredited HVAC technician and has a commercial driver’s license and carpentry certificate, along with a record of serving as a peer support specialist to others in recovery.
“It really don’t make any difference to the parole board of South Carolina,” said Billy D., who was convicted of possession of a controlled substance, breaking and entering, larceny and driving under the influence. “They do what they want. They answer to nobody but themselves.”
While South Carolina does give you the standard form citing the reason for their parole denial, they do not explain the reasoning.
Each member of the state parole board is appointed by the governor for a six-year term. There are no term limits. The board has more independence than most parole boards as they control not only parole, but all pardons in the state — South Carolina is one of only a few states where the governor cannot grant pardons.
When denied parole, your lawyer can request a parole reconsideration, but it must be filed within 15 days of the denial, according to a manual from the South Carolina Board of Pardons and Paroles. Reconsideration is far from guaranteed. Your lawyer must prove to the board that they can provide additional pertinent information that the board did not have during the hearing, or that the board based their decision on “erroneous information.” I have not heard of a case in which someone has had their denial reversed.
Some reformers have argued for replacing discretionary parole with presumptive parole. Presumptive parole means that a prisoner would automatically be granted parole if they met certain criteria, usually involving good behavior, completed programming and a certain amount of time served. These advocates have argued that greater use of presumptive parole, as has been adopted in states such as New Jersey and Vermont, would free up parole boards to devote more time to complex parole hearings.
Still, as long as public officials fear being painted as soft on crime, the prospect of parole reform remains unlikely.
An impersonal hearing
In South Carolina, when prisoners are up for parole consideration, they meet with a parole agent, who interviews and prepares them for their hearing.
Jason Summers, the parole agent at our prison, advises people to try and “relax and avoid answering just yes or no. Try to engage the board members in a conversation.”
That’s easier said than done, prisoners who have gone up for parole told me. The reality is each prisoner’s hearing is conducted remotely via videoconferencing and often the video and audio clarity make engaging, warm exchanges difficult.
“I couldn’t see ’em and couldn’t hear ’em,” said K.W., who went up for parole in 2023 after serving over 30 years. “I tried to tell the parole agent I couldn’t hear the questions being asked, but it didn’t help. I think they had their minds already made up before I ever walked in.”
The South Carolina Department of Probation, Parole and Pardon Services did not respond to a request for comment from a Prison Journalism Project editor. In 2024, a board spokesperson told Bolts that the board “does not participate in public interviews.”
Each person I interviewed at MacDougall Correctional Institution echoed K.W.’s sentiment that the board seemed indifferent during their hearing.
“They paid no never mind to anything I said,” said a longtime incarcerated man who asked to remain anonymous as he approaches his next parole hearing.”
Jerry L. recalled being rushed along during his parole hearing. “The chairman told me, ‘We gotta move along, we’re ’bout to break for our lunch.’”