Release from Incarceration

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Chapter 15

• Release from Incarceration

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parole

• 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

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parole eligibility

• the point in a prisoners 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)

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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
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conceptual basis of parole
parole
custody
grace or privilege
contract
government extends privilege of release, though
offender could be kept in prison
parole is an extension of correctional programs
into the community offender is still the
responsibility of the government
government enters into agreement with offender,
who promises to comply with certain conditions in
exchange for being released
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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
• methods included
• conditional pardon
• apprenticeship by indenture
• transportation
• tickets of leave

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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

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Walter Crofton

• built on Maconochies 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

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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

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Release mechanisms
3 ways out
expiration release
discretionary release
release of inmate (to conditional supervision) at
the discretion of the parole board, within
boundaries of sentence law inmate is subject
release of an offender from custody (no addl
supervision) offender may not be returned to
prison for any part of sentence. applies in cases
of commutation, pardon, or end of sentence
mandatory release
required release of an inmate (to conditional
supervision) at the expiration of a certain time
period, as determined by law or parole guidelines
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How inmates are released
of all releases
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organization of releasing authoritiesissues

• 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?
• board members
• full vs. part time?
• appointment
• by governor vs. by department?
• who is qualified to be on a board?
• what makes one qualified?

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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

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parole guidelines

• 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 offenders
  criminal history factors regarded as relevant
  to his/her success on parole

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presumptive parole date

• the presumed release date stipulated by parole
  guidelines, as long as the offender serves
  his/her time without disciplinary (or other)
  incidents

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estimated time to be served by adults convicted
of various offenses
average time served (in months)