CHAPTER 13 RELEASE FROM PRISON PAROLE AND PRISONER REENTRY Introduction Reentry process is significant criminal justice issue Yearly, hundreds of thousands exit facilities Many formidable barriers to successful prisoner reentry Overcoming barriers is a necessary system improvement Release from Incarceration Amount of time served affected by several considerations the sentencing system used in the jurisdiction special laws such as “three strikes” reductions due to good behavior reductions due to time previously served criminal justice officials’ discretion prison resources community’s desire victim’s desire family’s desire Release from Incarceration Methods of Release unconditional mandatory release conditional mandatory release least common released at end of maximum time allowed by sentence no supervision most common released after serving a portion of sentence with supervision discretionary parole release released at the discretion of an authority with supervision Release from Incarceration Pre- and Temporary Release Programming prerelease programs prepares prisoner for reentry may take place in a low security facility such as a halfway house emphasizes life skills counseling education temporary release programs release into community for specific activities used in conjunction with or in advance of programming release activities include work release study release furlough Parole Parole and Probation: A Comparison/Contrast both parole and probation have similar goals parole has additional goals protect the community assist offender adjustment gather information on offender’s progress in reentry control and manage prisoners assist in relieving prison crowding differences in parole and probation parole continuation of prison sentence parolees have greater adjustment problems probation community-based sentence Parole Historical Overview of Parole predecessors of parole transportation select convicts sent to English colonies authorized by English law in the sixteenth century ticket of leave system supervised release into community police government officials civilian volunteers pioneered by Alexander Machonochie (1840s) implemented by Sir Walter Crofton in Ireland popularized in the US by Zebulon Brockway (1870s) warden at New York’s Elmira Reformatory Parole Historical Overview of Parole predecessors of parole medical model of corrections (1940s-1950s) crime viewed as something to be treated criticism of model began in 1960s 1960s must meet three conditions for public safety soft on crime and public safety compromised unfair to offenders due to disparities in time served coerces prisoners to participate in rehabilitation programs must promote rehabilitation choose correct inmate for program adequate community supervision 1980s beginning of a trend of conservatism in corrections curtailing or eliminating parole releases “get tough on crime” policies Parole The Organization & Administration of Parole Today decision to grant parole administration of parole supervision parole board similar authority an authorized field services agency states vary in organization/administration of services parolee’s responsibilities abide by conditions of parole avoid law violations cooperate with parole agency maintain legitimate employment Parole The Parole Release Process must follow steps when approaching eligibility work with staff to prepare a parole plan pre-parole report prepared by institutional staff attend a parole grant hearing factors that influence the decision nature and seriousness of offense prior legal history and victim considerations behavior in prison and efforts toward rehabilitation responsiveness to correctional efforts scores on tests of readiness for parole decision made at the end of the hearing, or much later not granted prisoner may seek a hearing at later date granted transition stage to parole supervision begins Parole Parole Supervision and Termination play important roles in supervision politics and bureaucracy different types of parole straight residential released under supervision of field services agency released into a community residential facility supervision ends in three ways term of imposed supervision expires discharge before expiration of the maximum term may be revoked early revocation parolee commits new crimes parolee commits technical violations Parole Parole Issues arguments defending parole is necessary for prison management/prison crowding gives more discretion to courts and reduces sentence disparity promotes rehabilitation and community protection parolee rights not entitled to same degree of constitutional protection critics argue limitations go against rehabilitation process supporters argue protects community as well as moral and ethical standards is part of the price paid for criminal behavior lose certain civil liberties voting housing certain employment opportunities certain licenses Parole Parole Issues parole official liability parole board officials field service officers had partial immunity been increased effort to hold officials liable for decisions had full immunity lead to officials becoming more conservative revoking parole more often for technical violations shortage of resources for supervision and services number of persons on parole has reached record highs officers working with extremely high caseloads lowers ability to provide as much supervision lowers ability to provide services needed high recidivism partially due to resources shortages resources devoted to construction and expansion rather than parole Recidivism and Reentry Recidivism of Released Prisoners 2005, around 503,800 parolees discharged from supervision over 45% completed successfully over 38% re-incarcerated for new offenses or technical violations 14.8% unsuccessfully discharged those more likely to successfully complete community supervision those on parole release rather than conditional mandatory release those released from prison for the first time rearrest rates higher for property crime convictions men African-Americans younger persons those with prior arrest records Recidivism and Reentry Prisoner Reentry Challenges prisoners reentering the community leaving a structured and depriving environment inadequate funds for survival upon release socialized in manner contradictory to acceptable normal society discover prosocial ties in community have been severed must deal with the stigma of being an “ex-con” may return to disadvantaged neighborhoods women extreme poverty physical and mental health problems abuse trauma drug dependency gender stereotypes responsibility for dependent children Recidivism and Reentry Prisoner Reentry Improving Reentry critical aspect of success is reintegration programming for women reestablishing and building new prosocial ties to conventional society prepare for reentry while in prison establish links between prisoners and their communities maximize the moment of release strengthen ex-prisoner’s supports foster a long-term successful transition survival skills self-confidence/self-reliance skills parenting and child care assistance reentry courts similar to drug courts assist transitioning from prison to community Recidivism and Reentry Prisoner Reentry Research on Reentry Programming Ready4Work initiative Project Greenlight less encouraging results tried to alter patterns of criminal thinking and behavior Preventing Parolee Crime Program favorable preliminary results builds partnerships between various community organizations evaluation showed favorable results focused on education, employment, housing, substance abuse Legislation / programs aiming to improve reentry success Second Chance Act, 2005 Re-Entry Enhancement Act, 2005 Reentry Initiative Recidivism and Reentry Prisoner Reentry Key Controversies Surrounding Prisoner Reentry offender employability restricted proponents of restrictions argue fears and stereotypes background checks laws preventing ex-prisoners from obtaining certain licenses needed to protect the public part of the price of committing crime deters future crime opponents of restrictions argue irrelevant to crime prevention poses unnecessary barriers to reintegration Recidivism and Reentry Prisoner Reentry Impact of Incarceration & Reentry on Families/Communities inadequate reentry programming can harm families/communities sex offenders remove wage earners/taxpayers from homes and communities destabilize marriages and affect child development contribute to disorganization and deterioration of communities media emphasis on sex offenders creates fear and outrage research fails to show sex offender laws reduce recidivism Reentry and Crime Victims much emphasis placed on victims’ rights victims have input during parole release decision-making victims and/or victim organizations play large role in reentry could work against offender reintegration others claim could be compatible with offender reintegration Application to Criminal Justice and Corrections Police agencies both affect and are affected by release decisions and reentry processes courts are affected by release and reentry affected by release of prisoners who pose a threat to community are in middle, between criminal justice system and community have authority to sentence guilty negotiate sentence recommendations during plea bargaining may have input into discretionary release decisions administer field supervision functions reentry courts involved in due process rights decisions case file information from police, court, & probation agencies affect parole decision making