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