Chapter 15
Release from
Incarceration
Clear & Cole, American Corrections, 6th
“parole”
definition
 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, 6th
“parole eligibility”
definition
 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 (eg, 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, 6th
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, 6th
conceptual basis of parole
grace or
privilege
government
extends privilege
of release, though
offender could be
kept in prison
“parole”
custody
contract
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, 6th
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




conditional pardon
apprenticeship by indenture
transportation
tickets of leave
 methods
included:
Clear & Cole, American Corrections, 6th
Alexander Maconochie
 key figure in parole (1787-1860)
 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, 6th
Walter Crofton
 built on Maconochie’s ideas (1815-1897)
 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, 6th
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, 6th
Release mechanisms
discretionary
release
3 ways
out
release of inmate
(to conditional
supervision) at the
mandatory
discretion of the
release
parole board,
within boundaries required release of an
of sentence & law; inmate (to conditional
inmate is subject
supervision) at the
expiration of a certain
time period, as
determined by law or
parole guidelines
expiration
release
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, 6th
How inmates are released
45%
40%
% of all releases
40%
35%
26%
30%
25%
19%
20%
15%
10%
4%
5%
0%
mandatory
release
discretionary
release
expiration
release
other (death,
escape)
Clear & Cole, American Corrections, 6th
organization of releasing authorities
issues
 parole

board
consolidated vs. autonomous?
 inside dept. of corrections
 more responsive to corrections needs & programs
 independent agency of government
 less affected by institutional/dept. pressures
 field
services

under parole board vs. under corrections?

full vs. part time?

by governor vs. by department?
 board
members
 appointment
 who is “qualified” to be on a board?
 what makes one “qualified?”
Clear & Cole, American Corrections, 6th
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, 6th
“parole
guidelines”

definition
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, 6th
“presumptive
parole date”
definition
 the
presumed release date
stipulated by parole guidelines,
as long as the offender serves
his/her time without disciplinary
(or other) incidents
Clear & Cole, American Corrections, 6th
estimated time to be served
by adults convicted of various offenses
average time served (in months)
Clear & Cole, American Corrections, 6th