Chapter 6

Postimprisonment CommunitySupervision

Probation Parole

ClientsKnown/presumed offenders

Convicted felons

Nature of offender

Minor/first offender not prisonized

Dangerous and/or

Recidivist

Legal Power JudicialExecutive

GoalsMaintain ties to community

Motivate pro–social behavior in prison

Probation Parole

GoalsGive second chance to minor, first offenders

Enforce post-release accountability

Financial Arguments

Front door relief – fewer people imprisoned

Back door relief – reduce crowding selectively

Failure rate 20 – 40% 40 – 60%

Methods of Releasefrom Prison

• Conditional releases– Parole (discretionary)– Mandatory supervision– Conditional pardon (discretionary)

• Unconditional releases– Full pardon (discretionary)– Discharge of sentence

Methods of Releasefrom State Prison

Race of Parolees, 2001

Goals of Parole

• Supervise re-entry after incarceration

• Encourage good behavior among inmates

• Safety valve for crowding, budget issues

• Even out sentencing disparities

Legal Bases of Parole

• Theory of Grace: Parole is privilege granted by administrative procedures

• Continuing Custody Theory: Inmate’s residence is an extension of the prison cell

• Authorities can place inmates wherever they chose if decisions are consistent and even-handed

Organization ofParoling Authorities

• Institutional: Prison authorities control decisions, set dates of release, and so on

• Autonomous: independent body has decision–making powers– May also supervise parole officers

• Consolidated: Combines institutional and autonomous

The Release Decision

• Discretionary: Judgment of board or sub-group (panel) of its members

• Objective: Formal criteria used to set release dates

Objective Parole Criteria

• Number of prior convictions and/or revocations• History of violent (or felony) offenses • Age at time of first incarceration• Length of conviction – free time prior to last offense• Current age• History of drug use/addiction• On parole/probation at time of past arrest?• Prison disciplinary record.

Denial of Parole

• Any “logical reason” may be grounds for denial of release to supervision unless law requires otherwise (mandatory parole)

• Only a formal hearing and statement of reason(s) required by courts

• Recognizes the subjective and problematic nature of predicting recidivism and rehabilitation

The Release Process

• Plan for housing, etc. developed in prison• Field officer checks plan• Plan accepted, modified, denied• Release may be to relative, friend, mentor or

half-way house • Must report to supervising officer next

working day• Gate money: small sum to pay a post–release

few expenses (e.g., bus fare to home, job)

Concern with ReintegrationLow High

Concern with Public Safety

HighPunitive officer

Paternal

officer

LowPassive agent Welfare worker

Types of Parole OfficerRole Definitions

Parole Violations

• Technical Violations of conditions– Most are minor–graduated sanctions used

• New Crimes– Usually result in revocation

• Intermediate sanctions facilities

• Street time not credited to sentence if revoked

• Parole can extend period of state control beyond maximum sentence

Adults Leaving Parole2001

Parole Revocation

• Warrant issued when paroling authority is notified of serious violation

• Many states give parole officers limited arrest (and search) powers

• Common to wait until next office visit

• Parole warrant usually makes offender ineligible for pre-trial release

Legal Requirements forParole Revocation

• Advance written notice of hearing, evidence

• Opportunity to subpoena witnesses, challenge accusers

• Preliminary hearing to assure that there is sufficient cause to hold offender

• Revocation hearing to ascertain facts

• Recommendations sent to parole board

Revocation Decisions

Supervising and hearing officers both recommend a disposition to the Board

• Continue on supervision• Impose new conditions of supervision• Send to intermediate sanctions facility• Revoke liberty

• loss of street time• return to prison

• Final decision is solely that of parole board