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© The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill CHAPTERCHAPTER EIGHTEIGHT.

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1 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill CHAPTERCHAPTER EIGHTEIGHT

2 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill PAROLE PAROLE: Early Release and Reintegratiom Photo © Corbis, used with permission.

3 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DEFINITIONSDEFINITIONS PAROLE: The conditional release of a prisoner, prior to completion of the imposed sentence, under the supervision of a parole officer. PARDON: An executive act that legally excuses a convicted offender from a criminal penalty.

4 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DEFINITIONSDEFINITIONS DISCRETIONARY RELEASE: Early release based on the paroling authority’s assessment of eligibility. MANDATORY RELEASE: Early release after a time period specified by law.

5 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill HISTORICAL NOTES on PAROLE Rooted in 18 th -century English penal practice. Maconochie’s “ticket-of-leave,” 1840s. Crofton’s conditional release system, 1854. First parole legislation: Massachusetts, 1837. First parole program implemented at New York’s Elmira Reformatory, late 1870s. Wickersham Commission lists four “essential elements” of a good parole program, 1931. 1970s: Research finds prison rehabilitation programs have few positive benefits. Present day: Increasing support for abolition.

6 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Wickersham Commission The Commission’s 1931 report cited four “essential elements” of good parole systems:  Indeterminate sentencing laws.  Quality release preparation.  Parole officer’s familiarization with offender’s home and environmental conditions before offender’s release.  Sufficient staffing levels.

7 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DEFINITIONSDEFINITIONS PAROLE ELIGIBILITY DATE: The earliest date on which an inmate might be paroled. PAROLING AUTHORITY: A person or correctional agency (often called a parole board or parole commission) that has the authority to grant parole, revoke parole, and discharge from parole.

8 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill DEFINITIONSDEFINITIONS SALIENT FACTOR SCORE (SFS): Scale, developed from a risk-screening instrument, used to predict parole outcome. PAROLEE: A person conditionally released from prison to community supervision.

9 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill CATEGORY PERCENTAGE Male 86 Female 14 White 39 Black 42 Hispanic 18 Other1 State 89 Federal 11 ADULTS on PAROLE: SELECTED CHARACTERISTICS Gender Race Level © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill

10 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill ADULTS on PAROLE, 1995–2002 1995 1996 1997 1998 1999 2000 2001 2002 679,421 679,733 694,787 696,385 714,457 724,486 732,351 753,141

11 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill PAROLE REVOCATION Reasons for revocation: – Technical violation of parole conditions. – Arrest for a new offense. Two-thirds of parolees are rearrested within three years, usually within the first six months after release. Currently, rearrests comprise 35% of all new prison admissions, up from 17% in 1980. 70% of rearrests are for new offense.

12 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill REENTRY COURT Manages the return to the community of individuals released from prison. U.S. Department of Justice proposes reentry courts have six core elements: – Assessment and planning. – Active judicial oversight. – Case management of support services. – Accountability to the community. – Graduated sanctions. – Rewarding success.

13 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill LEGAL DECISIONS ON PAROLE Morrissey v. Brewer (1972): Due process mandates both a preliminary and a final hearing before parole can be revoked. Gagnon v. Scarpelli (1973): Parolees are entitled to legal representation at all revocation hearings. Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979): Parole is a privilege, not a right, and only limited due process rights apply.

14 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill ABOLITION of DISCRETIONARY RELEASE A goal of parole opponents since the 1930s. The movement resurfaced during the 1970s, when discussions on the concept of “just deserts” grew out of the extraordinary increases in the nation’s crime rate during that period. By the end of 2000, the federal government and 16 states abolished discretionary release for all offenders. Another four states abolished it for certain violent offenses or crimes against a person.

15 © The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill


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