Chapter 12
Preparing for Prisoner
Reentry: Discretionary Parole
and Mandatory Release
Introduction
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Prisoner reentry is any activity or program
dedicated to preparing and integrating parolees
into the community as law-abiding citizens
using a collaborative approach with parole
officers, treatment providers and the
community.
More than 95% of incarcerated prisoners will
eventually be released: 650,000 every year.
LO: 1
Issues in Reentry

Successful reentry includes:
 Prerelease planning
 Community referrals
 Quick access to benefit programs and continuity
of care
LO: 1
Issues in Reentry, Con’t.
 Challenges
for recently-released exoffenders include:
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Being indigent, but still requiring medications
Being given a list of referrals versus having the
appointments made for them
Finding suitable employment, housing and staying
clean of illegal drugs
LO: 2
The Prisoner’s Family
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The prisoner’s family suffers during the period
of confinement with the stigma of having a
loved one behind bars
The prisoner’s family plays a vital role in
reentry, yet only 25% of prisoners have
someone to meet them at release
Reentry requires family ties to be reestablished
or mended
LO: 2
The Victim’s Role in Reentry
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Most victims are an intimate or an acquaintance
of the offender.
The offender has a responsibility to repair the
harm done to the victim and the community.
Discretionary parole is viewed as safer for the
victim than releasing prisoners to the
community without supervision.
LO: 2
Reentry and the Community


Certain areas of cities receive a disproportionate
number of parolees and have a high amount of
unemployment, drugs and instability and
disorganization
Some believe that reentry should encompass
restorative justice and civic community service in
a model of civic engagement if the community is
willing to accept offenders returning to their
communities.
LO: 2
Community-Based Reentry
Initiatives
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Other reentry initiatives are to allow employers who
hire parolees and ex-felons to receive federal tax
credits after the employee has worked a certain
amount of time or has earned a certain amount of
money.
Reentry courts are a collaborative, team-based
program that occurs after prison to improve the link
between parole supervision and treatment providers.
LO: 2
Types of Reentry

The different types of reentry result from
either determinate or indeterminate sentencing
structures
 Determinate sentencing results in automatic
or mandatory release
 Indeterminate sentencing results in
discretionary release by a parole board
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Eligibility for Parole
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The first step in the reentry process is the
eligibility of the offender for parole
consideration.
Some inmates are permanently ineligible for
parole.
Parole eligibility is determined by a
combination of calendar days served and good
time days earned.
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Parole Board Functions
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Parole boards have four basic functions:
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To decide when prisoners should be released
To determine any special conditions of parole
supervision
To successfully discharge the parolee when conditions
have been met
To determine whether parole privileges should be
revoked if the conditions are violated
In addition, some parole boards are involved
with executive clemency decisions
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Eligibility Dates

The minimum eligibility date is the shortest
amount of time defined by statute that must be
served before an inmate is considered for parole
by the parole board.

The maximum eligibility date is the longest
amount of time that can be served before the
inmate must be released.
LO: 3
Time Sheets and Eligibility Dates

Good time (or “gain time”) is awarded for
institutional good conduct and may be lost for
misbehavior.

Parole eligibility dates vary from state to state
and offense-type to offense-type.
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Prerelease Preparation
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A prerelease facility is a minimum security program
that houses inmates with good institutional conduct who
are within 2 years of release.
A prerelease plan includes a summary of institutional
conduct and program participation as well as plans for
housing and employment upon release, and:

Increases an offender’s chances of parole
Saves time during the parole hearing

Reflects ties in the community that will assist in reentry
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LO: 1
The Parole Board
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Parole boards average 7 members, ranging from 3 to 19
in number.
Most release decisions are made by panels of three
members.
Crimes of a violent or sexual nature may require a full
board review.
In most states that retain parole boards, the governor
appoints members for an average of 5 years, with
varying qualifications.
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Parole Boards Have 4 Basic
Functions:
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To decide when individual prisoners should be
released
To determine any special conditions of parole
supervision
To successfully discharge the parolee when the
conditions have been met
To determine whether parole privileges should be
revoked or should the conditions be violated
LO: 3
The Parole Hearing
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The options for parole decision makers are:
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Grant parole, resulting in conditional release
Deny parole, resulting in continued imprisonment
Defer to a later date, resulting in a delay of the
grant or deny decision, typically by 6 months to a
year
The sentencing judge, prosecutor and defense
attorney often provide recommendations. LO: 3
Victim Impact
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A victim impact statement mentions how the
crime has taken a toll physically, emotionally,
financially, and/or psychologically on the
victim and the victim’s family.
Parole was refused in 43% of cases in which
victim impact statements were present, but only
7% of cases were denied when victim
statements were absent.
LO: 2
Models of Parole Release
Decisions

Statutes typically direct parole boards to base
their decisions on:
 The probability of recidivism
 The welfare of society
 The conduct of the offender while
incarcerated
 The sufficiency of the parole plan
LO: 3
3 Models
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The models guiding parole decision making are:
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The surveillance model
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The procedural justice model
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“an attempt to control “the dangerous classes”
Advocates fairness and legal factors, i.e., guidelines
The risk prediction model
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Utilizes offense severity and risk of recidivism,
resulting in the salient factor score
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Due Process During Parole
Hearings

Menechino v. Oswald (1971)
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The Supreme Court ruled that parole was a privilege
not a right.
Greenholtz v. Inmates of the Nebraska Penal and
Correctional Complex (1979)

Established minimal due process protections in the
parole granting process.
LO: 4
Right to Attorney
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Prisoners seeking parole do not have the right to
be represented by counsel.
While a lawyer is welcome to attend in support
of the prisoner, the lawyer may not represent or
talk for a prisoner during a parole hearing
(Franciosi v. Michigan Parole Board 2000).
LO: 4