Probation and Parole: Theory and Practice CHAPTER Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Administration and Services 5

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services A parole agency provides three basic services: 1.Institutional services 2.Field services 3.Executive clemency

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services Two basic models for administering parole 1.Independent model Parole board is responsible for: 1.making release and revocation determinations 2.the supervision of persons released on parole (and good time) by an independent state agency

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services Two basic models for administering parole 2.Consolidation model Parole board is an autonomous panel within a department that also administers correctional institutions: 1.it makes release and revocation decisions 2.but supervision of parolees is under the direction of the commissioner of corrections

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services In both models, probation services are sometimes combined with parole services.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services The Task Force on Corrections (1966) summarized arguments for the independent model: 1.Parole board is in the best position to promote the idea of parole and generate public support and acceptance 2.The board can evaluate and adjust the system.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services The Task Force on Corrections (1966) summarized arguments for the independent model: 3.It divorces parole release and parolees from the correctional institution. 4.In the best position to present its own budget request to the legislature.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services The board can evaluate and adjust the system. It divorces parole release and parolees from the correctional institution. In the best position to present its own budget request to the legislature.

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services Also summarized arguments for including both parole services and institutions in a single department of corrections: 1.The correctional process is a continuum 2.Has the advantage of consistent administration, including staff selection and supervision

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Administration of Parole Services Also summarized arguments for including both parole services and institutions in a single department of corrections: 1.Parole boards are ineffective in performing administrative functions 2.Community-based programs partway between institutions and parole can best be handled by a single centralized administration

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Mandatory or Conditional Release When inmates are released on good time  States using indeterminate sentencing and parole board, good time is usually accumulated at the rate of 10 days per month  States using determinate sentencing, good time usually amounts to 1 day off for every day served

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Boards Parole board members are usually appointed by the governor Criticized because members may lack relevant background or education Few states require specific professional qualifications

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Hearings Board may briefly interview eligible inmate Some states have a parole examiner who interviews the inmate and reports back to the board with a recommendation Some states do not conduct interviews – the decision is made based upon written reports

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Hearings Permit the inmates to have representation at the hearing?  Help promote a feeling of fairness  Enable the inmate to communicate better and participate more fully in the hearing  Contribute to opening the correctional system to public scrutiny  Most jurisdictions do not permit representation

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Hearings Greenholtz v. Inmates (1979)  Constitution does not require that an inmate be given the opportunity to participate in parole board hearings or to be informed of the reasons for denial of parole

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Victim Participation Most states permit victims or next of kin to appear before the board Others permit written statements to be considered at the parole hearings Many states include a victim impact statement as part of the documentation considered by the parole board

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Guidelines Variables used by parole board in making decisions: 1.The crime 2.Length of time served 3.Inmate’s age 4.Prior criminal history 5.Abuse of alcohol or drugs 6.Institutional record

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Guidelines Widespread use of parole guidelines reduced the importance of general criteria

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Guidelines These guidelines go beyond the rehabilitative/medical model Use of guidelines, whose primary focus is just deserts, is a form of deferred sentencing Possibility of parole release also serves as incentive for inmates to control their behavior and take advantage of rehabilitative programming

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Institutional Parole Services Primary responsibility to prepare reports on inmates for the parole board Help them to secure furloughs, work release, or halfway house placement Interview new inmates on arrival Help to plan institutional programs for the inmates and hold group meetings

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Field Parole Services Usually operate out of district offices Conduct field investigations requested by institutional staff Supervise parolees and inmates on conditional release May be involved in work release and furloughs

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Conditions Typically parolees  must live law-abiding lives  work, and support dependents  Inform officer of his/herresidence  obtain permission before leavingthe jurisdiction ofthecourt Many department require offenders to pay supervision fees and restitution and to do community service

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Legal Decisions Affecting Parole Menechino v. Oswald (1970) –  Parole proceeding is nonadversarial – concern is rehabilitation of inmate  Parole release hearings not fact finding  Inmate has no liberty interest because he/she is already imprisoned

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Legal Decisions Affecting Parole Greenholtz v. Inmates of Nebraska Penal and Correctional Complex (1979)  Inmate has no constitutional right to be released early  States may establish parole release, but do not have to  If parole release is available, final hearing should be held for eligible inmates

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Parole Board Liability Martinez v. California (1980)  Affirmed the constitutionality of laws that provide parole officials with immunity from tort claims  Parole boards act only in a quasi-judicial capacity, they do not enjoy the total immunity conferred on judges

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Executive Clemency Clemency consists of: 1.Reprieve Temporary suspension of the execution of sentence Limited use today Usually concerns cases of capital punishment, such as stay of execution Governor or President can grant

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Executive Clemency Clemency consists of: 2.Commutation Modification of sentence to the benefit of the offender Used when an inmate provided some assistance to the prison staff, sometimes during a prison riot Granted when inmate suffers from a severe illness, such as cancer

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Executive Clemency Clemency consists of: 3.Pardon Basis may vary in different states, but is not used extensively anywhere Full pardon restores certain citizenship rights, such as the right to vote, to serve on a jury, to hold public office May remove barriers to some types of employment and professional licensing

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Independent model Consolidated model Conditional release Parole board guidelines Good time Immunity Reprieve Victim impact statement

Probation and Parole: Theory and Practice, 12e Howard Abadinsky Copyright © 2015, © 2012 by Pearson Education, Inc. All Rights Reserved Key Terms Liberty interest Revocation hearing Executive clemency Pardon Commutation Field services Institutional services