Chapter Eight Parole and Prisoner Reentry Penology CJ 207 Chapter Eight Parole and Prisoner Reentry

Objectives Provide an historical context for modern parole and prisoner reentry Present the mechanisms by which parole is provided, monitored and revoked in the U.S. Introduce the evolving topic of prisoner reentry as distinct from and related to parole Give insight into the issues and trends in both parole and prisoner reentry

Introduction One of the main concerns of our CJS is that convicted offenders are free to commit new crimes before they fully pay for the old ones Should all criminals be locked up until they are not longer a threat to society? 95% of state prisoners will return to society 80% are released on parole

Introduction The decisions to be made: Who returns to the community? What are the conditions of release? How much control will society have over those released

Origins of Parole Parole is the conditional release from prison Parole comes from the French phrase “parole d’honneur” which means, “Word of Honor” Originally this “Word of Honor” was used in battle, defeated combatants would give his word of honor to withdraw from combat and walk away, and escape death

Origins of Parole Parole is the conditional release from prison By the 1700s this was law in many jurisdictions This was practiced in the U.S. Civil War Practiced in WWI Later an imprisoned person could be freed for a promise to behave in accordance with a set of agreed on conditions

Origins of Parole Parole from Practice to Law Remember we learned of Alexander Maconochie and his “System of Marks” on Norfolk Island in the 1840s In 1853 the English Parliament passing the “Penal Servitude Act” which allowed prisoners a ticket to leave into the community under police supervision

Origins of Parole Parole from Practice to Law In 1854, Walter Crofton created the “Irish Ticket to Leave System” as a way to release ex convicts into the community through four stages

Origins of Parole Parole from Practice to Law “Irish Ticket to Leave System:” First three months incarceration Worked under supervision Worked with little supervision Conditional release from prison Monitored by the inspector of released prisoners (Parole Officer)

Origins of Parole Parole from Practice to Law The U.S. was experimenting with Parole in 1837 when Mass. created a Parole System New York in the 1870s Dr. Howe suggested that “prisoners might be trained on parole during the last period of their imprisonment”

Origins of Parole Parole from Practice to Law NYS had already passed “Good Time Laws” which allowed a shortened sentence in exchange for good behavior while in prison

Origins of Parole Parole from Practice to Law In 1876, NYS created a system of “Indeterminate Sentencing” Minimum and maximum Release of those who served the minimum Selected by prison officials for parole Reported monthly to vol. (Guardians)

Origins of Parole Parole from Practice to Law Earliest institution to use the NYS reentry program was Zebulon Brockway at the Elmira Reformatory (Three Steps Program) Information gathering, an interview Treatment by staff (learn a trade) Parole hearing and release

Origins of Parole Parole from Practice to Law Reentry Program at the Elmira Reformatory Post release supervision was non existent or totally inadequate Basically a release and return program Inmates did not have the resources to survive outside of prison

Origins of Parole Parole from Practice to Law In 1845, Mass. Became the first state to hire an employee whose job it was to help parolees to adjust to life in the free world Finding jobs Providing tools, clothing, transportation...

Origins of Parole The federal government had parole Parole and the Great Depression During the Great Depression in the 1930s the use of parole as an alternative to incarceration grew as never before, why? Only three states didn’t have parole Florida, Mississippi & Virginia The federal government had parole

Origins of Parole Parole and the Great Depression Growing Parole Systems Prison populations grew between WWI and WWII 1923, 74/100,000 1940, 125/100,000 Parole was the answer to the crushing economic burden of prisons

Origins of Parole Parole and the Great Depression Growing Parole Systems Federal laws were passed that prohibited the use of prison made goods which created an economic burden on the states In 1920, 20,000 parolees In 1930-40, 40,000 parolees In 1935, 60,000 parolees

Origins of Parole Parole Today Today, prisoners don’t earn the right to parole, most states and the federal government have a mandatory early release system Most don’t meet rehabilitative and reintegrative needs The main objective, relieve overcrowding

Administration of Parole Prisoner Reentry into Society Commutation of Sentence Action by executive branch of government Release of prisoner for time served Illness, impending death…

Administration of Parole Prisoner Reentry into Society Pardon Executive branch of government Grants a pardon or forgiveness for past criminal acts Immediate release

Administration of Parole Prisoner Reentry into Society Expiration Release The offenders sentence has ended Not under parole, supervision or conditions

Administration of Parole Prisoner Reentry into Society Discretionary Release Correctional authorities believe an inmate is ready for life on the outside Indeterminate Sentence The “Parole Board” must concur and authorized the parole Restrictions and conditions to follow

Administration of Parole Prisoner Reentry into Society Mandatory Release Once the minimum sentence is served, release is automatic This is the most prevalent form of released, about 40% of all releases Discretionary parole is now just 20% 16 states abolished discretionary parole

Administration of Parole Eligibility for Parole The earliest possible point at which the inmate can leave prison is called the “Parole Eligibility Date” First, the inmate must be eligible for parole First degree murders serve life sentences A “Pardon” is the only way they may leave prison

Administration of Parole Eligibility for Parole Second, does the jurisdiction follow: Mandatory Release If the inmate has served the minimum time they are eligible for a parole hearing “Good Time Credits” can reduce this time period

Administration of Parole Granting Parole: The Parole Board There are two Parole Board Models “Independent Parole Boards” are not under the control of a state agency They make release and revocation decisions for paroles Responsible for supervision Found in states with large parole pop.

Administration of Parole Granting Parole: The Parole Board There are two Parole Board Models “Consolidated Parole Boards” are autonomous panels within the Department of Corrections Make release & revocation decisions Others are responsible for supervision

Administration of Parole Granting Parole: The Parole Board People who serve on “Independent Boards” typically don’t know much about corrections, prisons or parole Some boards require that one member must be a social scientist or CJ faculty member at a four year school Governor appoints, little pay or insight

Administration of Parole Granting Parole: The Parole Board “Consolidated Boards” are made up of correctional professionals Understand institution and inmate needs Subject to pressure of CJ agencies Greater potential for abuse

Administration of Parole Granting Parole: The Parole Board Parole Considerations Repentance for past crimes Adjustment in the community Physical, emotional and mental health Adequate parole plan Job, residence, social support… Institutional conduct

Administration of Parole Granting Parole: The Parole Board Parole Considerations: Mandatory Release Followed institutions rules & regulations Doesn’t pose a significant public safety threat The crime committed would not lead citizens to question the validity of the CJ System (Risk Assessment Scale)

Administration of Parole Parole Officers Parole officers receive their authority from the Executive Branch Most parole officers are state employees Sometimes parole and probation officers are one in the same Some are certified officers, some are not Review Table 8.2, page 226

Administration of Parole Parole Officers Again the number of clients is called the “Caseload” and this number varies depending on the state and how parole is used in that state Most parole officers have smaller caseloads than probation officers Higher risk population

Administration of Parole Parole Officers Sex Offenders on Parole Intensive supervision More home visits Mandatory polygraphs Lower recidivism rate than burglars (who have less restrictions)

Administration of Parole Conditions of Parole Often the same as probationers Special needs based on offense Felony DWI Sex Offender

Administration of Parole Length of Supervision State and federal laws determine the length of parole 6 months to 7 years Seriousness of the original offense Good behavior doesn’t shorten the parole period Eligible for discharge after min. served

Violations of Parole Some Statistics 45% of parolees complete their supervision Lower than those completing probation 55% of parolees are unsuccessful 38% return to prison 1% transfer to another jurisdiction 11% absconded 4% other reasons

Violations of Parole Why Do They Fail? Commit new offenses Have technical violations Once the offence or violation has occurred an arrest warrant is issued When arrested, usually there is no bail Minor violation, Citation (like a ticket) Major violation, Preliminary Hearing

Violations of Parole The Preliminary Hearing In Morrissey v. Brewer (1972) the Court ruled that parolees, like probationers, have limited “Due Process Rights” To terminate parole there must be a hearing before a neutral party A “Hearing Officer” supervisor of the agency conducts the Preliminary Hearing

Violations of Parole The Preliminary Hearing The Preliminary Hearing is to determine probable cause Case officer presents case If there is probable cause, the parolee is held for a Revocation Hearing If there is no probable cause, the parolee is put back on parole

Violations of Parole The Revocation Hearing In many jurisdictions the Parole Board decides whether the parolee should be returned to prison or put back on parolee In a Revocation Hearing the burden of proof is a Preponderance of the Evidence

Prisoner Reentry Prisoner Reentry Whether we like it or not, we must deal with the fact that most of the persons incarcerated will be released at some time This means that they will return to society and society will have to deal with them at that time

Prisoner Reentry Petersilia’s Observations Determinate sentences mean automatic release These people are going to get out Once they serve their time, they will be released back into society

Prisoner Reentry Petersilia’s Observations More parolees have unmet needs The longer an inmate spends behind bars the less social support system they have With cutbacks in government spending inmates are getting few services when in fact they need more

Prisoner Reentry Petersilia’s Observations Parolee supervision replaces services The parole officer is suppose to replace the services that they offender did not receive in prison But in fact with higher caseloads, the offenders get less services than before

Prisoner Reentry Petersilia’s Observations Most parolees return to prison 2/3rds of all parolees will return to prison within 3 years No social support system No marketable skills Low educational attainment

Prisoner Reentry Defining Prisoner Reentry Travis Observations : Reentry is the process of leaving prison and returning to society It is not a form of supervision, like parole Reentry is not a goal, nor an option Reentry reflects the “Iron Law of Imprisonment” they all come back

Prisoner Reentry Defining Prisoner Reentry Reentry can help redefine the role of prisons in society How can prisoners best be prepared for their inevitable return? There must be a “Bridge” between corrections based, institutional and community programming

Prisoner Reentry Defining Prisoner Reentry Prison managers must redefine their responsibilities beyond just holding inmates and releasing them at a specified time Prison administrators have a broader social obligation to prepare these prisoners for the inevitable return to home

Prisoner Reentry Defining Prisoner Reentry Reentry is central to the thoughtful reconsideration of the nation’s sentencing policies Three Strikes Sex offender civil commitments Drug laws Remember the “Iron Law of Imprisonment”

Prisoner Reentry Defining Prisoner Reentry Reentry allows us to see that successful reintegration and its impact on the offender and their family is a least as important a goal as lowered recidivism

Prisoner Reentry Elements of Successful Reentry Prepare for Reentry Full employment of inmates in real work, with learned skills, that will translate into jobs upon release Personal expectations for reintegration Time, money and other resources invested here will pay big dividends later

Prisoner Reentry Elements of Successful Reentry Build bridges between persons and communities Bridges between CJ agencies Bridges between prisons and private organizations Bridges between corrections and the community

Prisoner Reentry Elements of Successful Reentry Seize the moment of release Release is not the end of the process Prison staff should bridge the gap between prison and the outside world Involve the family, provide transitional housing, inmate orientation, welcome home…

Prisoner Reentry Elements of Successful Reentry Strengthen the concentric circles of support The inmate is in the center The family is in the next circle Then the peer group Next are community institutions Social services are another circle CJ services

Prisoner Reentry Elements of Successful Reentry Promote successful reintegration Emphasize short term, attainable goals rather than idealistic goals Praise and acknowledge important transitional milestones Involve the concentric circles

Prisoner Reentry Elements of Successful Reentry Seiter and Kadela had similar conclusions: Programs that emphasize vocational training and work release are effective in reducing recidivism and preparing ex-offenders for jobs with marketable skills

Prisoner Reentry Elements of Successful Reentry Seiter and Kadela had similar conclusions: Prison based drug treatment programs worked Prerelease centers and programs reduced recidivism Read Box 8.2, page 234

Parole and Prisoner Reentry Today Parolees In 2005 there were 784,408 parolees in the U.S. or 350/100,000 Most are under state supervision (88%) The other 12% are under federal supervision

Parole and Prisoner Reentry Today Parolees The federal government has more individuals on parole than probation Individual states have more individuals on probation than parole But it all depends on how the individual states use probation and parole Review Table 8.3, page 235-236

Parole and Prisoner Reentry Today Parolees The northeast has the highest number of parolees 363/100,000 The west has 347/100,000 The south has 288/100,000 The midwest has 262/100,000

Parole and Prisoner Reentry Today Parolees 16% of all state parolees live in California (421/100,000) The combined parole populations of California, New York, Pennsylvania, and Texas account for almost 50% of all parolees

Parole and Prisoner Reentry Today Parolees But smaller states have higher rates yet The District of Columbia 1,214/100,000 Oregon 766/100,000 Arkansas 782/100,000 Louisiana 712/100,000

Parole and Prisoner Reentry Today Parolees And some states, Connecticut, Massachusetts, Rhode Island, Nebraska, North Dakota, Delaware, Florida, Mississippi, North Carolina, South Carolina, Virginia and West Virginia are all less than 100/100,000

Parole and Prisoner Reentry Today Parolees What drives parole is the large number of prisoners in the prisons Large prisons have large number of prisoners and have a large parole system

Parole and Prisoner Reentry Today Profiles of Parolees Most were: Black (41%) Male (88%) Felons Drugs, 37% Property and violent crimes, 50%

Parole and Prisoner Reentry Today Trends in Parole and Prisoner Reentry Between 1980 and 2005, inmate numbers increased at about 7% per year Table 8.1, page 238 But the trend slowed down in 1998 1998, 4% 1999, 3% 2002, 2%

Parole and Prisoner Reentry Today Trends in Parole and Prisoner Reentry Between 1980 and 2005, the parole rate increased about 150% In 1980 the federal parole rate was 12 By 2005 the federal parole rate was 41

Parole and Prisoner Reentry Today Trends in Parole and Prisoner Reentry As the Sentencing Reform Act of 1984 placed more inmates in prison, the (three strikes, mandatory sentencing and restrictions on parole) U.S. Bureau of Prisons began using “supervised release,” mandatory release and probation programs to reduce the overcrowding

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