1. Chapter Eight Parole and Prisoner Reentry
Penology CJ 207
Chapter Eight
Parole and Prisoner Reentry

2. Objectives
Provide an historical context for modern parole and prisoner reentry
Present the mechanisms by which parole is provided, monitored and revoked in the U.S.
Introduce the evolving topic of prisoner reentry as distinct from and related to parole
Give insight into the issues and trends in both parole and prisoner reentry

3. Introduction
One of the main concerns of our CJS is that convicted offenders are free to commit new crimes before they fully pay for the old ones
Should all criminals be locked up until they are not longer a threat to society?
95% of state prisoners will return to society
80% are released on parole

4. Introduction The decisions to be made: Who returns to the community?
What are the conditions of release?
How much control will society have over those released

5. Origins of Parole Parole is the conditional release from prison
Parole comes from the French phrase “parole d’honneur” which means, “Word of Honor”
Originally this “Word of Honor” was used in battle, defeated combatants would give his word of honor to withdraw from combat and walk away, and escape death

6. Origins of Parole Parole is the conditional release from prison
By the 1700s this was law in many jurisdictions
This was practiced in the U.S. Civil War
Practiced in WWI
Later an imprisoned person could be freed for a promise to behave in accordance with a set of agreed on conditions

7. Origins of Parole Parole from Practice to Law
Remember we learned of Alexander Maconochie and his “System of Marks” on Norfolk Island in the 1840s
In 1853 the English Parliament passing the “Penal Servitude Act” which allowed prisoners a ticket to leave into the community under police supervision

8. Origins of Parole Parole from Practice to Law
In 1854, Walter Crofton created the “Irish Ticket to Leave System” as a way to release ex convicts into the community through four stages

9. Origins of Parole Parole from Practice to Law
“Irish Ticket to Leave System:”
First three months incarceration
Worked under supervision
Worked with little supervision
Conditional release from prison
Monitored by the inspector of released prisoners (Parole Officer)

10. Origins of Parole Parole from Practice to Law
The U.S. was experimenting with Parole in 1837 when Mass. created a Parole System
New York in the 1870s
Dr. Howe suggested that “prisoners might be trained on parole during the last period of their imprisonment”

11. Origins of Parole Parole from Practice to Law
NYS had already passed “Good Time Laws” which allowed a shortened sentence in exchange for good behavior while in prison

12. Origins of Parole Parole from Practice to Law
In 1876, NYS created a system of “Indeterminate Sentencing”
Minimum and maximum
Release of those who served the minimum
Selected by prison officials for parole
Reported monthly to vol. (Guardians)

13. Origins of Parole Parole from Practice to Law
Earliest institution to use the NYS reentry program was Zebulon Brockway at the Elmira Reformatory (Three Steps Program)
Information gathering, an interview
Treatment by staff (learn a trade)
Parole hearing and release

14. Origins of Parole Parole from Practice to Law
Reentry Program at the Elmira Reformatory
Post release supervision was non existent or totally inadequate
Basically a release and return program
Inmates did not have the resources to survive outside of prison

15. Origins of Parole Parole from Practice to Law
In 1845, Mass. Became the first state to hire an employee whose job it was to help parolees to adjust to life in the free world
Finding jobs
Providing tools, clothing, transportation...

16. Origins of Parole The federal government had parole
Parole and the Great Depression
During the Great Depression in the 1930s the use of parole as an alternative to incarceration grew as never before, why?
Only three states didn’t have parole
Florida, Mississippi & Virginia
The federal government had parole

17. Origins of Parole Parole and the Great Depression
Growing Parole Systems
Prison populations grew between WWI and WWII
1923, 74/100,000
1940, 125/100,000
Parole was the answer to the crushing economic burden of prisons

18. Origins of Parole Parole and the Great Depression
Growing Parole Systems
Federal laws were passed that prohibited the use of prison made goods which created an economic burden on the states
In 1920, 20,000 parolees
In , 40,000 parolees
In 1935, 60,000 parolees

19. Origins of Parole Parole Today
Today, prisoners don’t earn the right to parole, most states and the federal government have a mandatory early release system
Most don’t meet rehabilitative and reintegrative needs
The main objective, relieve overcrowding

20. Administration of Parole
Prisoner Reentry into Society
Commutation of Sentence
Action by executive branch of government
Release of prisoner for time served
Illness, impending death…

21. Administration of Parole
Prisoner Reentry into Society
Pardon
Executive branch of government
Grants a pardon or forgiveness for past criminal acts
Immediate release

22. Administration of Parole
Prisoner Reentry into Society
Expiration Release
The offenders sentence has ended
Not under parole, supervision or conditions

23. Administration of Parole
Prisoner Reentry into Society
Discretionary Release
Correctional authorities believe an inmate is ready for life on the outside
Indeterminate Sentence
The “Parole Board” must concur and authorized the parole
Restrictions and conditions to follow

24. Administration of Parole
Prisoner Reentry into Society
Mandatory Release
Once the minimum sentence is served, release is automatic
This is the most prevalent form of released, about 40% of all releases
Discretionary parole is now just 20%
16 states abolished discretionary parole

25. Administration of Parole
Eligibility for Parole
The earliest possible point at which the inmate can leave prison is called the “Parole Eligibility Date”
First, the inmate must be eligible for parole
First degree murders serve life sentences
A “Pardon” is the only way they may leave prison

26. Administration of Parole
Eligibility for Parole
Second, does the jurisdiction follow:
Mandatory Release
If the inmate has served the minimum time they are eligible for a parole hearing
“Good Time Credits” can reduce this time period

27. Administration of Parole
Granting Parole: The Parole Board
There are two Parole Board Models
“Independent Parole Boards” are not under the control of a state agency
They make release and revocation decisions for paroles
Responsible for supervision
Found in states with large parole pop.

28. Administration of Parole
Granting Parole: The Parole Board
There are two Parole Board Models
“Consolidated Parole Boards” are autonomous panels within the Department of Corrections
Make release & revocation decisions
Others are responsible for supervision

29. Administration of Parole
Granting Parole: The Parole Board
People who serve on “Independent Boards” typically don’t know much about corrections, prisons or parole
Some boards require that one member must be a social scientist or CJ faculty member at a four year school
Governor appoints, little pay or insight

30. Administration of Parole
Granting Parole: The Parole Board
“Consolidated Boards” are made up of correctional professionals
Understand institution and inmate needs
Subject to pressure of CJ agencies
Greater potential for abuse

31. Administration of Parole
Granting Parole: The Parole Board
Parole Considerations
Repentance for past crimes
Adjustment in the community
Physical, emotional and mental health
Adequate parole plan
Job, residence, social support…
Institutional conduct

32. Administration of Parole
Granting Parole: The Parole Board
Parole Considerations: Mandatory Release
Followed institutions rules & regulations
Doesn’t pose a significant public safety threat
The crime committed would not lead citizens to question the validity of the CJ System (Risk Assessment Scale)

33. Administration of Parole
Parole Officers
Parole officers receive their authority from the Executive Branch
Most parole officers are state employees
Sometimes parole and probation officers are one in the same
Some are certified officers, some are not
Review Table 8.2, page 226

34. Administration of Parole
Parole Officers
Again the number of clients is called the “Caseload” and this number varies depending on the state and how parole is used in that state
Most parole officers have smaller caseloads than probation officers
Higher risk population

35. Administration of Parole
Parole Officers
Sex Offenders on Parole
Intensive supervision
More home visits
Mandatory polygraphs
Lower recidivism rate than burglars (who have less restrictions)

36. Administration of Parole
Conditions of Parole
Often the same as probationers
Special needs based on offense
Felony DWI
Sex Offender

37. Administration of Parole
Length of Supervision
State and federal laws determine the length of parole
6 months to 7 years
Seriousness of the original offense
Good behavior doesn’t shorten the parole period
Eligible for discharge after min. served

38. Violations of Parole Some Statistics
45% of parolees complete their supervision
Lower than those completing probation
55% of parolees are unsuccessful
38% return to prison
1% transfer to another jurisdiction
11% absconded
4% other reasons

39. Violations of Parole Why Do They Fail? Commit new offenses
Have technical violations
Once the offence or violation has occurred an arrest warrant is issued
When arrested, usually there is no bail
Minor violation, Citation (like a ticket)
Major violation, Preliminary Hearing

40. Violations of Parole The Preliminary Hearing
In Morrissey v. Brewer (1972) the Court ruled that parolees, like probationers, have limited “Due Process Rights”
To terminate parole there must be a hearing before a neutral party
A “Hearing Officer” supervisor of the agency conducts the Preliminary Hearing

41. Violations of Parole The Preliminary Hearing
The Preliminary Hearing is to determine probable cause
Case officer presents case
If there is probable cause, the parolee is held for a Revocation Hearing
If there is no probable cause, the parolee is put back on parole

42. Violations of Parole The Revocation Hearing
In many jurisdictions the Parole Board decides whether the parolee should be returned to prison or put back on parolee
In a Revocation Hearing the burden of proof is a Preponderance of the Evidence

43. Prisoner Reentry Prisoner Reentry
Whether we like it or not, we must deal with the fact that most of the persons incarcerated will be released at some time
This means that they will return to society and society will have to deal with them at that time

44. Prisoner Reentry Petersilia’s Observations
Determinate sentences mean automatic release
These people are going to get out
Once they serve their time, they will be released back into society

45. Prisoner Reentry Petersilia’s Observations
More parolees have unmet needs
The longer an inmate spends behind bars the less social support system they have
With cutbacks in government spending inmates are getting few services when in fact they need more

46. Prisoner Reentry Petersilia’s Observations
Parolee supervision replaces services
The parole officer is suppose to replace the services that they offender did not receive in prison
But in fact with higher caseloads, the offenders get less services than before

47. Prisoner Reentry Petersilia’s Observations
Most parolees return to prison
2/3rds of all parolees will return to prison within 3 years
No social support system
No marketable skills
Low educational attainment

48. Prisoner Reentry Defining Prisoner Reentry Travis Observations :
Reentry is the process of leaving prison and returning to society
It is not a form of supervision, like parole
Reentry is not a goal, nor an option
Reentry reflects the “Iron Law of Imprisonment” they all come back

49. Prisoner Reentry Defining Prisoner Reentry
Reentry can help redefine the role of prisons in society
How can prisoners best be prepared for their inevitable return?
There must be a “Bridge” between corrections based, institutional and community programming

50. Prisoner Reentry Defining Prisoner Reentry
Prison managers must redefine their responsibilities beyond just holding inmates and releasing them at a specified time
Prison administrators have a broader social obligation to prepare these prisoners for the inevitable return to home

51. Prisoner Reentry Defining Prisoner Reentry
Reentry is central to the thoughtful reconsideration of the nation’s sentencing policies
Three Strikes
Sex offender civil commitments
Drug laws
Remember the “Iron Law of Imprisonment”

52. Prisoner Reentry Defining Prisoner Reentry
Reentry allows us to see that successful reintegration and its impact on the offender and their family is a least as important a goal as lowered recidivism

53. Prisoner Reentry Elements of Successful Reentry Prepare for Reentry
Full employment of inmates in real work, with learned skills, that will translate into jobs upon release
Personal expectations for reintegration
Time, money and other resources invested here will pay big dividends later

54. Prisoner Reentry Elements of Successful Reentry
Build bridges between persons and communities
Bridges between CJ agencies
Bridges between prisons and private organizations
Bridges between corrections and the community

55. Prisoner Reentry Elements of Successful Reentry
Seize the moment of release
Release is not the end of the process
Prison staff should bridge the gap between prison and the outside world
Involve the family, provide transitional housing, inmate orientation, welcome home…

56. Prisoner Reentry Elements of Successful Reentry
Strengthen the concentric circles of support
The inmate is in the center
The family is in the next circle
Then the peer group
Next are community institutions
Social services are another circle
CJ services

57. Prisoner Reentry Elements of Successful Reentry
Promote successful reintegration
Emphasize short term, attainable goals rather than idealistic goals
Praise and acknowledge important transitional milestones
Involve the concentric circles

58. Prisoner Reentry Elements of Successful Reentry
Seiter and Kadela had similar conclusions:
Programs that emphasize vocational training and work release are effective in reducing recidivism and preparing ex-offenders for jobs with marketable skills

59. Prisoner Reentry Elements of Successful Reentry
Seiter and Kadela had similar conclusions:
Prison based drug treatment programs worked
Prerelease centers and programs reduced recidivism
Read Box 8.2, page 234

60. Parole and Prisoner Reentry Today
Parolees
In 2005 there were 784,408 parolees in the U.S. or 350/100,000
Most are under state supervision (88%)
The other 12% are under federal supervision

61. Parole and Prisoner Reentry Today
Parolees
The federal government has more individuals on parole than probation
Individual states have more individuals on probation than parole
But it all depends on how the individual states use probation and parole
Review Table 8.3, page

62. Parole and Prisoner Reentry Today
Parolees
The northeast has the highest number of parolees 363/100,000
The west has 347/100,000
The south has 288/100,000
The midwest has 262/100,000

63. Parole and Prisoner Reentry Today
Parolees
16% of all state parolees live in California (421/100,000)
The combined parole populations of California, New York, Pennsylvania, and Texas account for almost 50% of all parolees

64. Parole and Prisoner Reentry Today
Parolees
But smaller states have higher rates yet
The District of Columbia 1,214/100,000
Oregon 766/100,000
Arkansas 782/100,000
Louisiana 712/100,000

65. Parole and Prisoner Reentry Today
Parolees
And some states, Connecticut, Massachusetts, Rhode Island, Nebraska, North Dakota, Delaware, Florida, Mississippi, North Carolina, South Carolina, Virginia and West Virginia are all less than 100/100,000

66. Parole and Prisoner Reentry Today
Parolees
What drives parole is the large number of prisoners in the prisons
Large prisons have large number of prisoners and have a large parole system

67. Parole and Prisoner Reentry Today
Profiles of Parolees
Most were:
Black (41%)
Male (88%)
Felons
Drugs, 37%
Property and violent crimes, 50%

68. Parole and Prisoner Reentry Today
Trends in Parole and Prisoner Reentry
Between 1980 and 2005, inmate numbers increased at about 7% per year
Table 8.1, page 238
But the trend slowed down in 1998
1998, 4%
1999, 3%
2002, 2%

69. Parole and Prisoner Reentry Today
Trends in Parole and Prisoner Reentry
Between 1980 and 2005, the parole rate increased about 150%
In 1980 the federal parole rate was 12
By 2005 the federal parole rate was 41

70. Parole and Prisoner Reentry Today
Trends in Parole and Prisoner Reentry
As the Sentencing Reform Act of 1984 placed more inmates in prison, the (three strikes, mandatory sentencing and restrictions on parole) U.S. Bureau of Prisons began using “supervised release,” mandatory release and probation programs to reduce the overcrowding

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