Clear & Cole, American Corrections, 8 th Chapter 15 Release from Incarceration

Clear & Cole, American Corrections, 8 th Release from Incarceration  Release from One Part of the System to Another  Origins of Parole  Release Mechanisms Discretionary Release Mandatory Release Other Conditional Release Expiration Release  The Organization of Releasing Authorities Consolidation versus Autonomous Field Services Full Time versus Part Time Appointment

Clear & Cole, American Corrections, 8 th Release from Incarceration Cont  The Decision to release Discretionary Release Structuring Parole Decisions The Impact or Release Mechanisms  Release to the Community

Clear & Cole, American Corrections, 8 th “parole”“parole”  the conditional release of an inmate from incarceration after part of the prison sentence has been served  release is typically to a period of supervision in the community  offender must comply with specific behavioral requirements during this time

Clear & Cole, American Corrections, 8 th “parole eligibility”  the point in a prisoner’s sentence when he/she is first legally able to be released from prison  determined variously, in different jurisdictions  at the end of the minimum term, less good time  at a specific fraction (e.g., 1/3 or 1/2) of the minimum or the maximum sentence  “good time” affects eligibility in various ways  offender sees parole board automatically, when eligible (no need to “apply”)

Clear & Cole, American Corrections, 8 th confusion about “parole” dual meaning of “parole” A mechanism whereby offenders are released from prison, usually by a “parole board” A method (and period) of supervision the offender spends in the community

Clear & Cole, American Corrections, 8 th conceptual basis of parole custody grace or privilege contract “parole” government extends privilege of release, though offender could be kept in prison government enters into agreement with offender, who promises to comply with certain conditions in exchange for being released parole is an extension of correctional programs into the community; offender is still the responsibility of the government

Clear & Cole, American Corrections, 8 th predecessors of parole  historical methods of moving criminals out of prison in England, Ireland, and Australia were responses to: crowding labor shortages cost of incarceration  methods included: conditional pardon apprenticeship by indenture transportation tickets of leave

Clear & Cole, American Corrections, 8 th Alexander Maconochie  key figure in parole ( )  administered British penal colonies in Tasmania/South Pacific/England  offender sentenced to certain number of “marks,” according to severity of offense  offender could reduce sentence by earning “marks” for work, good behavior  sentence also tied to graduated steps: strict imprisonment labor on chain gang freedom within one area ticket-of-leave or parole with conditional pardon full liberty

Clear & Cole, American Corrections, 8 th Numbers of Adults under Parole Supervision, 1980–2005

Clear & Cole, American Corrections, 8 th Sir Walter Crofton  built on Maconochie’s ideas ( )  Ireland system (“intermediate system”) period of solitary confinement public work prisons (could earn “marks”) intermediate stage (after earning enough marks); like halfway house ticket of leave (conditional release)  Crofton added: parolees submitted monthly reports to police special civilian inspector (Dublin) supervised

Clear & Cole, American Corrections, 8 th U.S. evolution of parole  Zebulon Brockway released prisoners on parole with NY indeterminate law, 1876  1900: 20 states have parole systems  1910: each federal prison had own parole  1925: 46 states (not Miss, Va)  1930: Congress created US Board of Parole  1942: Mississippi and Virginia joined

Clear & Cole, American Corrections, 8 th Release mechanisms expiration release discretionary release mandatory release 3 ways out release of inmate (to conditional supervision) at the discretion of the parole board, within boundaries of sentence & law; inmate is subject required release of an inmate (to conditional supervision) at the expiration of a certain time period, as determined by law or parole guidelines release of an offender from custody (no add’l supervision); offender may not be returned to prison for any part of sentence. Applies in cases of commutation, pardon, or end of sentence

Clear & Cole, American Corrections, 8 th How inmates are released

Clear & Cole, American Corrections, 8 th organization of releasing authorities issues  parole board consolidated vs. autonomous? F inside dept. of corrections more responsive to corrections needs & programs F independent agency of government less affected by institutional/dept. pressures  field services under parole board vs. under corrections?  board members full vs. part time?  appointment by governor vs. by department? F who is “qualified” to be on a board? F what makes one “qualified”?

Clear & Cole, American Corrections, 8 th Ten Release Mechanisms in South Carolina  Until a task force on overcrowding consolidated some of the provisions, South Carolina recognized more than 10 ways to leave a prison (besides escape or death). All the following types of release have been specified in the state statutes or administrative procedures

Clear & Cole, American Corrections, 8 th criteria for parole release  offense severity & attitude toward offense public attitude about offense  criminal record  attitude toward family, victim, authority  institutional behavior, participation, & improvement  history of community adjustment  health (physical, mental, emotional)  insight into causes of behavior  adequacy of parole plan

Clear & Cole, American Corrections, 8 th “parole guidelines”  method for structuring decisions of paroling authorities (like sentencing guidelines), by standardizing release decisions according to the objective measurement of relevant criteria along two dimensions:  a “severity scale” rates crimes according to their seriousness  a “salient factor score” measures the offender’s criminal history & factors regarded as relevant to his/her success on parole

Clear & Cole, American Corrections, 8 th “presumptive parole date”  the presumed release date stipulated by parole guidelines, as long as the offender serves his/her time without disciplinary (or other) incidents