© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Chapter 8 Parole: Early Release and Reentry 1

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Parole The conditional release of a prisoner, prior to completion of the imposed sentence, under the supervision of a parole officer. The conditional release of a prisoner, prior to completion of the imposed sentence, under the supervision of a parole officer. Discretionary Release: Early release based on the paroling authority’s assessment of eligibility. Discretionary Release: Early release based on the paroling authority’s assessment of eligibility. Mandatory Release: Early release after a time period specified by law. Mandatory Release: Early release after a time period specified by law. Pardon: An executive act that legally excuses a convicted offender from a criminal penalty. Pardon: An executive act that legally excuses a convicted offender from a criminal penalty. 2

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill History Of Parole Rooted in 18th-century English penal practice of indentured servitude. From 1775 through 1856 English offenders were sent to Australia. Norfolk Island Captain Alexander Maconochie developed the “ticket-of-leave” system. Crofton’s conditional release system, Dr. S.G. Howe of Boston first coined the term parole in

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Development Of American Parole First parole legislation: Massachusetts, First parole program implemented at New York’s Elmira Reformatory, late 1870s. Zebulon Brockway In 1931, the Wickersham Commission listed four “essential elements” of a good parole program. In the 1970s research found that prison rehabilitation programs had few positive benefits. Presently, there is increasing support for the abolition of parole while others advocate reform. 4

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Wickersham Commission The Commission’s 1931 report cited four “essential elements” of good parole systems: Indeterminate sentencing laws. Quality release preparation. Parole officer’s familiarization with offender’s home and environmental conditions before offender’s release. Sufficient staffing levels. 5

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Reentry The process of transition that offenders make from prison or jail to the community. Estimates are that 1,600 offenders leave prison every day and 2 out of every 3 are rearrested within 3 years of their release. Council of State Governments’ The Report of the Re- Entry Policy Council. Reentry issues for women. In 1984, 70% of parolees successfully completed their parole; by 2005, this number dropped to 46%. Parole eligibility date - The earliest date on which an inmate might be paroled. 6

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Granting Parole Paroling authority - A person or correctional agency (often called a parole board or parole commission) that has the authority to grant parole, revoke parole, and discharge from parole. Most important factors in the decision to grant or deny parole are the nature of the offense and the prior criminal record. Salient factor score - Scale developed from a risk-screening instrument used to predict parole outcome. 7

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Types Of Parole Mandatory Parole - requires the correctional authority to grant parole after the inmate serves a specific period of time, as required by law. Occurs in jurisdictions using determinate sentencing. Most commonly used method Discretionary Parole – the decision to parole rests with a parole board or parole commission who reviews a case to determine whether they believe the prisoner is ready to be returned to the community. Occurs in jurisdictions using indeterminate sentencing. 8

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Characteristics of Parolees Parolee – A person who is conditionally released from prison to community supervision. On January 1, 2006, 784,408 adults were on parole in the U.S. Women make up 12% of parolees. Typically white, non-Hispanic male on mandatory parole and under active parole supervision for more than one year. Median age of a parolee is 34 with an 11 th grade education. 9

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Does Parole Work?   45 percent of the people discharged from parole in 2006 completed the terms of their community supervision without returning to prison or jail or absconding.   First-time mandatory parole releases had a higher success rate than did first-time discretionary parole board releases but researchers found the opposite for re-releases. 10

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Does Parole Work? - Continued Of the nearly 503,800 parolees discharged from supervision in 2005, 191,800 (38 percent) were returned to prison because of either a technical violation (two-thirds) or a new offense (one-third). Parole failures account for a growing proportion of all new prison admissions. 11

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Can Parolees Vote?   4 to 5 million people in the U.S. have lost their right to vote as a result of a felony conviction (disenfranchisement).   Only Maine and Vermont do not place any restrictions on the rights of felons to vote. 12

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Arguments for and against felon disenfranchisement For: As a matter of principle because offender committed a felony. States have the right to deny as added punishment. Sends a message about respect for the law, and acts as a deterrent to crime. Felons cannot be trusted to make politically informed decisions. 13

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Arguments for and against felon disenfranchisement - Continued Against: Voting is not a privilege but a right. Such laws are unfair to minorities who are treated unfairly by the criminal justice system. Not an effective form of punishment; most felons did not vote before their incarceration. Removing the right to vote is inconsistent with reentry. By taking this right from one group, which group is next? 14

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Reentry Court Manages the return to the community of individuals released from prison. U.S. Department of Justice proposes reentry courts have six core elements: Assessment and planning. Active judicial oversight. Case management of support services. Accountability to the community. Graduated sanctions. Rewarding success. 15

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Community Partnership Councils All sectors of society meet with parole staff to:   learn about parole operations and issues.   share what they learned with their communities.   generate positive publicity for parole. A survey of Community Partnership Council parole officers in Texas reported the need for more treatment resources and job assistance from the community to help their parolees. They said this need may be served by Community Partnership Councils. 16

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Reintegration of Offenders Challenges facing parolees are employment readiness, substance abuse treatment, housing, and health care. Four successful programs across the U.S. that offer life skills training and job preparation before inmates are released and job placement, social support, and follow-up assistance after release.   Chicago’s Safer Foundation   Center for Employment Opportunities   Reintegration of Offenders   Corrections Clearinghouse 17

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Reintegration Involving Victims   Victims can assist parole boards by providing relevant information, offering their experience and expertise, and encouraging offender accountability. 18

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Parole And The Supreme Court Morrissey v. Brewer (1972): Due process mandates both a preliminary and a final hearing before parole can be revoked. Gagnon v. Scarpelli (1973): Parolees are entitled to legal representation at all revocation hearings. Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979): Parole is a privilege, not a right, and only limited due process rights apply. 19

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Abolition of Discretionary Parole Board Release Opposition to parole in the 1930s resurfaced again in the 1970s with the introduction of “just deserts.” Sixteen states and the federal government have abolished discretionary parole board release from prison by a parole board for all offenders. Four states have abolished discretionary parole release for certain violent offenses or other crimes against a person. Reasons for abolition include: wide disparity, appears tough on crime, board’s closed decision-making, and rhetoric that parole was the cause of the rising crime problem 20

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Prisoner Reentry and Community Policing The fourfold increase in the number of persons being released each year from state and federal prisons over the past two decades. In spite of all the efforts being made at prisoner reform, offenders are still leaving prison unprepared for successful reentry. Make contact with former prisoners part of everyday law enforcement business. 21

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Community-Focused Parole A process of engaging the community so the community engages parole. Have a mission statement the community understands, make parole work more visible, and build partnerships. 22