Types of Release Indeterminate Sentences Determinate Sentences Discretionary Parole Other names that do the same thing Determinate Sentences Expiration Early, good time, administrative parole Traditional “hook” = some type of early release Now, even if “expire” = supervision Only 2 states have no post-release supervision
Parole as a prison valve Original intent in theory (history) = judge “reformation” But, population control and institutional control always in background Recently, more institutionalized States give statutory power to parole board Informal agreement between governor and parole board
The Parole Board Functions Release inmates from prison Set conditions of parole Discharge parolee when conditions met Revocation decisions Other administrative E.g., restore civil rights, review pardons
Who’s Who on the Board Most are full-time, salaried employees Wide variation in board size (3-59) Qualifications? Read text… “should” … “ideally”…
Parole Hearing Actual hearing largely ceremonial in most states In some cases, they only review paper file Even if hearing, file still most important Decision = yes/no/wait Who else is around? Most states = no attorney, no family Victims?
Parole Guidelines Prior to 1970s, decisions based on hearings and whims of board members Even here, based on “seriousness” and “prior record” Risk instruments Risk score x Offense severity Federal = Salient Factor Score
Parole Guidelines II The Good? The Bad? The Ugly? Reduce bias More efficient and safer decisions Actuarial better than “clinical” The Bad? All of the “risk predictors” are static Inmates realize this (see inmate perceptions) More faith in appeals process than parole The Ugly?
Due Process for Parole Decision Greenholtz v. Inmates of Nebraska… Inmate complaints? Question fairness of hearing (unconstitutionally denied parole) State’s hearing process State’s notification process Supreme court upholds Nebraska’s statue Reasonable notice Initial hearing where inmate can present case Reasons for denial One hearing per year is enough