Parole •  Condi,onal release, by an administra,ve act, of a convicted offender from a penal or correc,onal ins,tu,on, under the con,nual custody of the state, to serve the remainder of his or her sentence in the community under supervision. (Cromwell and Del Carmen) Early Release and the Development of Parole English System of “Transporta,on” •  Banishment to English colonial territories in exchange for a period of labor in lieu of execu,on •  Convict was an indentured servant •  Ticket of Leave was ins,tuted in Australia as an early release from government servitude Ticket of Leave •  A license or permit given to a convict as a reward for good conduct, which allowed for early release on the condi,on that the individual find work. Any misconduct or failure to find work could result in revoca,on and return to prison to serve the dura,on of the sentence Alexandra Maconochie, Northfolk Island and the Birth of Indeterminate Sentencing and Parole Mark System •  A system in which offenders are assessed a certain number of points based on the severity of the crime. Prisoners could reduce their term and gain release by earning marks through labor, good behavior, and educa,onal achievement. (Cromwell and Del Carmen) Alexandra Maconochie’s Mark system •  Penal Stage •  Associa,onal stage •  Social stage •  Ticket of leave Sir Walter CroQon and the Irish Ticket of Leave •  Solitary confinement •  Associa,onal stage •  Intermediate stage •  Condi,onal release stage American Reformatory Movement and the Birth of Parole Enoch Cobb Wines Theodore W. Dwight •  Congrega,onalist minister and president of the New York Prison Commission and the Na,onal Prison Associa,on REFORMATORY •  AN INSTITUTION FOR YOUNG OFFENDERS EMPHASIZING TRAINING, CLASSIFICATION, INDETERMINATE SENTENCES AND PAROLE Na7onal Congress on Peniten7ary and Reformatory Discipline and the United States Reformatory Movement (Cincinna7 1870) Na,onal Prison Associa,on Declara,on of Principles NATIONAL CONGRESS ON PENITENTIARY AND REFORMATORY DISCIPLINE -­‐ 1870 •
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DECLARATION OF PRINCIPLES REFORMATION, NOT VINDICTIVE SUFFERING, SHOULD BE THE PURPOSE OF PENAL TREATMENT CLASSIFICATION SHOULD BE MADE ON THE BASIS OF A MARK SYSTEM, PATTERNED AFTER THE IRISH SYSTEM REWARDS SHOULD BE PROVIDED FOR GOOD CONDUCT THE PRISONER SHOLD BE MADE TO REALIZE THAT HIS DESTINY IS IN HIS HANDS THE CHIEF OBSTACLES TO PRISON REFORM ARE THE POLITICAL APPOINTMENT OF PRISON OFFICIALS, AND THE INSTABILITY OF MANAGEMENT PRISON OFFICIALS SHOULD BE TRAINED FOR THEIR JOBS INDETERMINATE SENTENCES SHOULD BE SUBSTITUTED FOR FIXED SENTENCES AND GROSS DISPARITIES IN PRISON SENTENCES SHOULD BE REMOVED DECLARATION OF PRINCIPLES cont. •
RELIGION AND EDUCATION WERE CITED AS THE MOST IMPORTANT AGENCIES OF REFORMATION •
PRISON DISCIPLINE SHOULD BE SUCH AS TO GAIN THE WILL OF THE PRISONER AND CONSERVE HIS SELF-­‐RESPECT •
THE AIM OF THE PRISON SHOULD BE TO MAKE INDUSTRIOUS FREEMEN RATHER THAN ORDERLY PRISONERS •
INDUSTRIAL TRAINING SHOULD BE PROVIDED •
SYSTEM OF CONTRACT LABOR SHOUL D BE ABOLISHED DECLARATION OF PRINCIPLES cont. •  Prisons should be small and there should be different types of offenders •  These should be revision of the laws in regards to treatment of insane criminals •  Should be system for collec,on of penal sta,s,cs •  A more adequate architecture should be developed, providing sufficiently for air and sunlight and for prison hospitals and school rooms ELIMIRA THE FIRST REFORMATORY PRISON ESTABLISHED 1877 INTRODUCED: •  INDETERMINATE SENTENCING •  CLASSIFICATION •  PAROLE The process of early release Indeterminate sentencing Good Behavior Parole Expansion of Discre,onary Parole 1900 -­‐1925 Reasons for Discre,onary Parole’s Expansion •  Reduce length of incarcera,on as reward for good behavior •  Need for community supervision •  Imposi,on of indeterminate sentencing Elements of an Effec,ve Discre,onary Parole System •
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Flexibility in sentencing and parole laws A qualified parole board A qualified parole staff Freedom from poli,cal or improper influences Workable posi,on in the governmental structure Proper procedures Prerelease prepara,on within the ins,tu,on ACA The decision to grant discre,onary release •
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Probability of recidivism Welfare of society Conduct of the offender while incarcerated Sufficiency of the parole plan Parole Condi,ons •  Standard Condi,ons •  Special Condi,ons Guidelines for sebng condi,ons •  Condi,on must be clear •  Condi,on must be reasonable •  Condi,on must protect society or rehabilitate the offender •  Condi,on must be cons,tu,onal Rights of Parolees •  Diminished Rights •  Preferred rights Parole Revoca,on Morrissey v Brewer (1972) •
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Wriden no,ce of viola,ons Disclosure of evidence Right to confront and cross examine witnesses A neutral and detached hearing body Wriden reason for revoca,on st
21 Century Parole and Determinant Sentencing Mandatory Release