Chapter 11 Preparing for Prisoner Reentry: Discretionary Parole & Mandatory Release

Introduction Prisoner reentry: any activity or program dedicated to preparing & integrating parolees into the community as law-abiding citizens, using a collaborative approach with parole officers, treatment providers & citizens Goal of reentry is crime desistance Of offenders released from prison every year, 80% will remain on community supervision & 20% will serve entire sentence behind bars

Issues in Reentry Offenders must change their definitions of themselves Need for identification cards, clothes, bus passes, medications, & help applying for assistance programs if they are eligible Many need more than a list of referrals, especially those with health care needs Finding & maintaining steady employment Finding suitable housing Avoiding substance abuse Transportation needs Protection from abusive relationships Child advocacy & family reunification help

The Prisoner’s Family A prisoner’s family suffers during the period of confinement with the stigma of having a loved one behind bars More than 1.5 million children under 18 have at least 1 parent behind bars The family plays a vital role in reentry, yet between 24 & 54 % of prisoners have someone to meet them at release Reentry requires family ties to be reestablished or mended

Justice Reinvestment Large numbers of parolees reside in disadvantaged, impoverished communities As more prisoners return to those communities, they become less stable, less cohesive, & more criminogenic Justice reinvestment: states that reduce prison populations receive federal funds for community programs & services to improve these communities & reduce crime

Community-Based Reentry Initiatives Reentry programs are growing in numbers Many involve partnerships with faith-based organizations & grassroots community groups Reentry courts: a collaborative, team-based program that occurs after prison to improve the link between parole supervision & treatment providers Parolees have appointments with reentry “team” Similar to drug courts with judges, court hearings, graduated sanctions Day reporting/district resource centers: provide nonresidential programs & services to parolees

Eligibility for Parole The first step in the reentry process is the offender must be eligible for parole consideration Some inmates are permanently ineligible for parole: those sentenced to death or life without parole, & some habitual offenders under “3-strike” type sentences

Eligibility Dates The minimum eligibility date is the shortest amount of time defined by statute that must be served before an inmate is considered for parole by the parole board The maximum eligibility date is the longest amount of time that can be served before the inmate must, by law, be released (“maxing out” a sentence)

Time Sheets & Eligibility Dates Good time (or “gain time”): awarded for institutional good conduct & may be lost for misbehavior reduces the amount of time an inmate must serve before parole eligibility good-time laws vary from state to state some states have had to increase good time to reduce overcrowding Parole eligibility dates: completion of the minimum sentence the manner in which it is established varies from state to state & offense-type to offense-type many states allow credit for jail time before sentencing

Prerelease Preparation Prerelease facility: a minimum security program that houses inmates with good institutional conduct who are within 2 years of release Prerelease plan: includes a summary of institutional conduct & program participation as well as plans for housing and employment upon release, &: Increases an offender’s chances of parole Saves time during the parole hearing Reflects ties in the community that will assist in reentry

Parole Board Functions Parole boards have four basic functions: To decide when prisoners should be released To determine any special conditions of parole supervision To successfully discharge the parolee when conditions have been met To determine whether parole privileges should be revoked if the conditions are violated In addition, some parole boards are involved with granting furloughs, executive clemency decisions, restoring civil rights, & granting reprieves in death penalty cases

The Parole Board & Hearing Parole boards average 7 members, ranging from 3 to 19 in number. In states that use parole boards, the governor or head of the department of corrections appoints members for an average of 5 years, with varying qualifications Parole hearings: Resolve inconsistencies in offender’s prerelease plan Review institutional program participation & conduct Consider inmate’s motivation for parole Consider input from the victim & other interested parties

Parole Hearing Parole hearings are conducted in 1 of 3 ways: in person: most common, conducted in the prison, board members ask the offender questions video- teleconference: reduces need for travel to the prisons review of file: no face-to-face contact, decision made based on review of offender’s file States vary on who can attend parole hearing & how information is conveyed Victim impact statement: common form of accepted correspondence in a hearing, which describes the crime’s physical, emotional, financial, & psychological impact on the victim & their family

Parole Risk Assessment Move in the 1970s to using objective guidelines in release decisions Release decisions can be quantitatively predicted, using age, offense seriousness, & prior incarcerations to predict recidivism Salient Factor Score (SFS) developed by Federal Parole Commission, assigned numerical score to each variable that predicted recidivism Today, over 80% of releasing authorities use a type of assessment that includes numerical scoring Risk assessment instruments can be fine-tuned

Evidence –Based Findings About Risk Evidence points to 8 central risk factors for recidivism: Criminal identity Antisocial personality disorder Early & persistent involvement in law breaking behavior Significant others/close associates are antisocial Lack of nurturing & supportive relationships Alcohol &/or drug abuse Low levels of performance in school & employment Lack of interest in legitimate leisure, hobbies, recreation

Parole Board Decisions Parole boards consider: Severity & type of offender’s crime Offender’s prior criminal history Victim’s input Input from offender’s family & district attorney Probability of recidivism Risk to community safety Conduct of the offender while incarcerated Sufficiency of the release plan

Parole Board Decision, cont’d The options for parole decision makers are: Grant parole: resulting in conditional release Deny parole: resulting in continued imprisonment Release deferral: resulting in a delay of the grant or deny decision, typically by 6 months to a year Many release decisions are made by panels of the entire board, although violent crimes & those of a sexual nature often require full board review

Due Process During Parole Hearings Parole is a privilege and not a right, decided by the Supreme Court in Menechino v. Oswald (1971) Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex (1979) established minimal due process protections in the parole granting process: reasonable notice of parole hearing date a “hearing” where the prisoner can present evidence written reasons when parole is denied

Hearsay, DNA, & an Attorney Hearsay can be used in parole release decisions, but parole cannot be denied for false, insufficient, or capricious reasons DNA evidence for a crime the offender was not prosecuted for has been used in release decisions Prisoners seeking parole do not have the right to be represented by counsel; a lawyer can attend to support the prisoner, but cannot speak during the hearing

Early Release from Parole Michael Guglielmo, incarcerated for firing a machine gun at police in 1985, was granted early parole release in 2011, after serving 8 ½ years on parole. He was scheduled for release in 2014. Guglielmo violated parole in 2009 & spent 5 weeks in prison because he was involved in a street fight. In 2006, his child was born with an immune deficiency disorder & needed a bone marrow replacement. Guglielmo publicized his son’s plight, which led to a match. Since then, Guglielmo has been very active in recruiting bone marrow donors & has become the single largest recruiter in the U.S. His early release will allow a NY bone marrow center to hire him. http://www.concordmonitor.com/print/301084?CSAuthResp=1325359634%3A815 83csma5rg6klrd8ol1mh9k2%3ACSUserId%7CCSGroupId%3Aapproved%3AC78 3C2442A6A8A2F4EDB6EE88C0E9C16&CSUserId=94&CSGroupId=1

Parole Release Denied Mark David Chapman, who killed John Lennon in 1980, was denied parole at his sixth parole hearing in 2010. Chapman first became eligible for parole consideration in 2000. He was sentenced to 20 years to life & is now 55 years old. Lennon’s widow, Yoko Ono, opposed his release & considers him still to be a threat to her & her family. http://www.guardian.co.uk/music/2010/sep /08/john-lennon-killer-denied-parole