Chapter 13 Parole Conditions and Revocation

Introduction Parole conditions determine the amount of freedom versus restriction a parolee has Accomplishment of the conditions of parole determine the success of the parolee and the ultimate goal of protection of society Parole revocation occurs if the parolee violates the conditions of parole

Prisoner Perspectives on Getting Out A California study of parolee perspectives found the reentry process a negative experience for about half of all parolees An Iowa study of the transition from prison to a halfway house and then to parole found inadequate preparation for release that required the payment of rent, seeking employment, sustaining a job and paying rent

The Field Parole Officer Parole officers manage caseloads of parolees (25-50 for specialized caseloads) and perform the following functions: Carry out and enforce the conditions of parole Make referrals to treatment programs Conduct investigations and report violations Provide appropriate information to victims Share information with law enforcement

The Officer’s Perspective Parole officers generally view parole more as an art than a science Parole officers believe the most important features of a reentry program are: Steady employment-the key element Remaining drug free Positive family and peer social support Structure in daily activities

Conditions of Parole Standard conditions are mandatory for all parolees in a jurisdiction The average number is 15 Special conditions are tailored to fit the needs of individual offenders Critics of excessive conditions argue that they often create unrealistic expectations and are destined to result in failure

Legal Issues in Parole Conditions Boling v. Romer (1996) held that the condition requiring a parolee to submit DNA samples did not violate 4 th or 5 th Amendment protections Parole is discretionary and can be conditional Retroactive sex offender registration has been found to be constitutional

Limited Parolee Rights Diminished rights, those held by parolees, are not as highly protected as similar rights enjoyed by nonoffenders First Amendment Rights, a preferred right, can be limited to a probationer or parolee “... Valid if they are reasonably necessary…” Fourth Amendment Rights Results of a search can be used for revocation but not for a new criminal conviction The exclusionary rule does not apply

Violating Parole The parole violation process begins when the parole officer discovers a potential violation Parole jurisdictions use both warrants and citations in the revocation process A two stage process is not required in parole revocations and a conviction for a new offense constitutes sufficient evidence for revocation

The Supreme Court ruled in Young v. Harper (1997) that preparolees have the same due process rights as parolees Parole violators were 95% male, over half were African-American, most were between years of age The most serious offense resulting in revocation was a violent crime (34%), property crime (33%), drug crime 23%) and a public order crime (13%)

Most rearrests of parolees occur within the first six months of release and within three years, 2/3rds are rearrested In 2000, 35% of all state prison admissions were parole violators Parolees originally convicted of property, drug and public order crimes were less likely to violate their parole than offenders who went to prison for crimes, weapons or immigration offenses

Of state parolees who were revoked: 70% were arrested or convicted of a new offense 22% absconded 34% were returned for technical violations that included drugs, failure to report, possession of a firearm and failure to maintain employment Federal parole violations included: 60% technical 30% new crimes 10% other violations

The rate of parole violations has increased in recent years because: The treatment perspective has been replaced by a control model Parole officers spend less time with each parolee due to increased caseloads More conditions imposed has resulted in more ways to violate More drug use is detected due to new drug testing technology With advanced electronic monitoring technology, more hardened offenders have been released

It is difficult to balance public expectations about whether parole revocation does or does not indicate parole success or failure A parole absconder is an offender who, without prior permission, escapes or flees the jurisdiction of supervision Researchers estimate the rate to be 11%-27% The two categories of absconders are: Type I Absconders: Benign Type II Absconders: Menace to Society

Parole Effectiveness Many parolees complete their term of supervision successfully and national success rates have remained the same since 1990 Recidivism, as a measure of parole success, depends on: How recidivism is defined The duration of time of the study The size of the sample

Predicting Parole Outcomes The variables shown to predict parole outcome are: Gender Male parolees return to prison at higher rates than women Number of prior arrests The lower the number of previous arrests, the greater the likelihood or parole success Supervision versus no supervision While studies vary in conclusion, success is increased when paired with treatment and reentry assistance