Chapter 8Chapter 8Parole:Parole:

Early Release and Early Release and ReentryReentry

McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.

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Parole Parole

The conditional release of a prisoner, prior to completion of the imposed sentence, under the supervision of a parole officer

Discretionary Release: Early release based on the paroling authority’s assessment of eligibility

Mandatory Release: Early release after a time period specified by law

Pardon: An executive act that removes both punishment and guilt

Reprieve: An executive act that reduces the severity of punishment but the person remains guilty

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History Of ParoleHistory Of Parole

Rooted in 18th-century English penal practice of indentured servitude

From 1775 through 1856 English offenders were sent to Australia Norfolk Island

Captain Alexander Maconochie developed the “ticket-of-leave” system

Crofton’s conditional release system, 1854 Dr. S.G. Howe of Boston first coined the

term parole in 1846

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Development Of American ParoleDevelopment Of American Parole

First parole legislation: Massachusetts, 1837 First parole program implemented at New

York’s Elmira Reformatory, late 1870s Zebulon Brockway

In 1931, the Wickersham Commission listed four “essential elements” of a good parole program

In the 1970s, research found that prison rehabilitation programs had few positive benefits

Presently, there is increasing support for the abolition of parole while others advocate reform

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The Wickersham CommissionThe Wickersham Commission

The Commission’s 1931 report cited four “essential elements” of good parole systems: Indeterminate sentencing laws Quality release preparation Parole officer’s familiarization with

offender’s home and environmental conditions before offender’s release

Sufficient staffing levels

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ReentryReentry

The process of transition that offenders make from prison or jail to the community

Estimates are that nearly 2,000 offenders leave prison every day and 2 out of every 3 are rearrested within 3 years of their release

30 percent are arrested within the 30 percent are arrested within the first six months.first six months.

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ReentryReentry

Responses to technical violations: Violators of probation and parole represent the fastest-growing category of admissions to jail and prison, one-third nationally, and 60 to 70 percent in some states such as California.

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ReentryReentry

President Bush’s Second Chance Act of 2008

Council of State Governments’ The Report of the Re-Entry Policy Council

Reentry issues for women Parole eligibility date - The earliest

date on which an inmate might be paroled

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Granting ParoleGranting Parole

Paroling authority - A person or correctional agency (often called a parole board or parole commission) that has the authority to grant parole, revoke parole, and discharge from parole

Most important factors in the decision to grant or deny parole are the nature of the offense and the prior criminal record

Salient factor score - Scale developed from a risk-screening instrument used to predict parole outcome

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Types Of Parole Types Of Parole Mandatory Parole - requires the correctional

authority to grant parole after the inmate serves a specific period of time, as required by law Occurs in jurisdictions using determinate

sentencing Most commonly used method

Discretionary Parole – the decision to parole rests with a parole board or parole commission who reviews a case to determine whether they believe the prisoner is ready to be returned to the community Occurs in jurisdictions using indeterminate

sentencing

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Characteristics of ParoleesCharacteristics of Parolees

Almost 2,000 prisoners each day leave Almost 2,000 prisoners each day leave prison. About one in five leaves prison with prison. About one in five leaves prison with no post release supervision because of no post release supervision because of changes in sentencing legislation that allow changes in sentencing legislation that allow some prisoners to “max out” (serve their full some prisoners to “max out” (serve their full sentences) and leave prison with no post sentences) and leave prison with no post custody supervision as discussed previously. custody supervision as discussed previously.

On January 1, 2010, 819,308 American On January 1, 2010, 819,308 American adults were on parole, down 5,526 from one adults were on parole, down 5,526 from one year earlier and the second year in a row year earlier and the second year in a row that the nation’s parole population declined.that the nation’s parole population declined.

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Characteristics of ParoleesCharacteristics of Parolees

Parolee – A person who is conditionally released from prison to community supervision

Women make up 12% of parolees Typically white, non-Hispanic male on

mandatory parole and under active parole supervision for more than one year

Median age of a parolee is 34 with an 11th grade education

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Does Parole Work?Does Parole Work?

Fifty percent of adults leaving parole in 1990 were successful. In 2000, the rate dipped to 43 percent. First-time mandatory parole releases had a higher success rate than did first-time discretionary parole board releases but researchers found the opposite for re –releases.

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Does Parole Work?Does Parole Work?

Rates of relapse and recidivism are high, especially in the vulnerable period immediately following release. In fact, two-thirds of all parolees are rearrested within three years, 30 percent within the first six months of release.

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Does Parole Work?Does Parole Work?

The number of parole violators returned to prison continues to increase. Of the nearly 552,611 adults who exited parole in 2009, 185,550 (34 percent) were returned to prison either with a new sentence (26 percent) or revocation (71 percent) or to receive treatment (less than 1 percent), up from 27,177 in 1980 and 160,000 in 1995. The numbers are so high that parole failures account for a growing proportion of all new prison admissions.

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Does Parole Work?Does Parole Work?

California had the largest number of adults on parole, followed by Texas and Pennsylvania. Pennsylvania also had the highest rate of parole supervision, which means it used parole more than any other state

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Can Parolees Vote?Can Parolees Vote?

5.3 million people in the U.S. have lost their right to vote as a result of a felony conviction (disenfranchisement)

Only Maine and Vermont do not place any restrictions on the rights of felons (including prisoners) to vote

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Arguments for and against felonArguments for and against felon disenfranchisement disenfranchisement

For: As a matter of principle because

offender committed a felony States have the right to deny as added

punishment Sends a message about respect for the

law, and acts as a deterrent to crime Felons cannot be trusted to make

politically informed decisions

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Arguments for and against felonArguments for and against felon disenfranchisement disenfranchisement - Continued- Continued

Against: Voting is not a privilege but a right Such laws are unfair to minorities who are

treated unfairly by the criminal justice system

Not an effective form of punishment; most felons did not vote before their incarceration

Removing the right to vote is inconsistent with reentry

By taking this right from one group, which group is next?

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Reentry CourtReentry Court

Manages the return to the community of individuals released from prison

U.S. Department of Justice proposes reentry courts have six core elements: Assessment and planning Active judicial oversight Case management of support services Accountability to the community Graduated sanctions Rewarding success

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Community Partnership CouncilsCommunity Partnership Councils

All sectors of society meet with parole staff to: learn about parole operations and issues share what they learned with their communities generate positive publicity for parole

A survey of Community Partnership Council parole officers in Texas reported the need for more treatment resources and job assistance from the community to help their parolees. They said this need may be served by Community Partnership Councils.

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Reintegration of OffendersReintegration of Offenders

Challenges facing parolees are employment readiness, substance abuse treatment, housing, and health care

Four successful programs across the U.S. that offer life skills training and job preparation before inmates are released and job placement, social support, and follow-up assistance after release Chicago’s Safer Foundation Center for Employment Opportunities Reintegration of Offenders Corrections Clearinghouse

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Reintegration Involving VictimsReintegration Involving Victims

Victims can assist parole boards by providing relevant information, offering their experience and expertise, and encouraging offender accountability.

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Abolition of Discretionary Parole Abolition of Discretionary Parole Board ReleaseBoard Release

Opposition to parole in the 1930s resurfaced again in the 1970s with the introduction of “just deserts.”

Sixteen states and the federal government have abolished discretionary parole board release from prison by a parole board for all offenders.

Four states have abolished discretionary parole release for certain violent offenses or other crimes against a person.

Reasons for abolition include: wide disparity, appears tough on crime, board’s closed decision-making, and rhetoric that parole was the cause of the rising crime problem

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Prisoner Reentry and Community Prisoner Reentry and Community PolicingPolicing

The fourfold increase in the number of persons being released each year from state and federal prisons over the past two decades

In spite of all the efforts being made at prisoner reform, offenders are still leaving prison unprepared for successful reentry

Make contact with former prisoners part of everyday law enforcement business

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Community-Focused Parole Community-Focused Parole

A process of engaging the community so the community engages parole have a mission statement

the community understands make parole work more

visible build partnerships