Chapter 6 Postimprisonment Community Supervision

ProbationParole Clients Known/presumed offenders Convicted felons Nature of offender Minor/first offender not prisonized Dangerous and/or Recidivist Legal PowerJudicial Executive Goals Maintain ties to community Motivate pro– social behavior in prison

ProbationParole Goals Give second chance to minor, first offenders Enforce post- release accountability Financial Arguments Front door relief – fewer people imprisoned Back door relief – reduce crowding selectively Failure rate20 – 40%40 – 60%

Methods of Release from Prison Conditional releases –Parole (discretionary) –Mandatory supervision –Conditional pardon (discretionary) Unconditional releases –Full pardon (discretionary) –Discharge of sentence

Methods of Release from State Prison

Race of Parolees, 2001

Goals of Parole Supervise re-entry after incarceration Encourage good behavior among inmates Safety valve for crowding, budget issues Even out sentencing disparities

Legal Bases of Parole Theory of Grace: Parole is privilege granted by administrative procedures Continuing Custody Theory: Inmate’s residence is an extension of the prison cell Authorities can place inmates wherever they chose if decisions are consistent and even-handed

Organization of Paroling Authorities Institutional: Prison authorities control decisions, set dates of release, and so on Autonomous: independent body has decision–making powers – May also supervise parole officers Consolidated: Combines institutional and autonomous

The Release Decision Discretionary: Judgment of board or sub- group (panel) of its members Objective: Formal criteria used to set release dates

Objective Parole Criteria Number of prior convictions and/or revocations History of violent (or felony) offenses Age at time of first incarceration Length of conviction – free time prior to last offense Current age History of drug use/addiction On parole/probation at time of past arrest? Prison disciplinary record.

Denial of Parole Any “logical reason” may be grounds for denial of release to supervision unless law requires otherwise (mandatory parole) Only a formal hearing and statement of reason(s) required by courts Recognizes the subjective and problematic nature of predicting recidivism and rehabilitation

The Release Process Plan for housing, etc. developed in prison Field officer checks plan Plan accepted, modified, denied Release may be to relative, friend, mentor or half-way house Must report to supervising officer next working day Gate money: small sum to pay a post–release few expenses (e.g., bus fare to home, job)

Concern with Reintegration LowHigh Concern with Public Safety High Punitive officer Paternal officer Low Passive agentWelfare worker Types of Parole Officer Role Definitions

Parole Violations Technical Violations of conditions –Most are minor–graduated sanctions used New Crimes –Usually result in revocation Intermediate sanctions facilities Street time not credited to sentence if revoked Parole can extend period of state control beyond maximum sentence

Adults Leaving Parole 2001

Parole Revocation Warrant issued when paroling authority is notified of serious violation Many states give parole officers limited arrest (and search) powers Common to wait until next office visit Parole warrant usually makes offender ineligible for pre-trial release

Legal Requirements for Parole Revocation Advance written notice of hearing, evidence Opportunity to subpoena witnesses, challenge accusers Preliminary hearing to assure that there is sufficient cause to hold offender Revocation hearing to ascertain facts Recommendations sent to parole board

Revocation Decisions Supervising and hearing officers both recommend a disposition to the Board Continue on supervision Impose new conditions of supervision Send to intermediate sanctions facility Revoke liberty loss of street time return to prison Final decision is solely that of parole board