A Brief History of Parole

1. A Brief History of Parole Revenge of the “Rehabilitative Ideal” and that scoundrel Martinson

2. What is Parole? • A process of discretionary release from prison • Parole Boards • A process of post-release supervision • Parole Supervision

3. Early Precursors to Parole • Parole “born” in the 19th century, as governments moved away from corporal punishments (to “reform”) • “Prisons” born first, and starting to become the punishment of choice. • Spain: (1835) Manuel Montesinos • Germany (1842) Georg Obermaier • England (1837) Alexander Maconochie • And a little love from Sir Walter Crofton (Ireland)

4. The Grammy goes to….Maconochie/Crofton • Alexander Maconochie • “Warden” for English penal colony at Norfolk Island (off coast of Austrailia) • Criticized “determinate” prison terms • Developed the “mark system” • Good conduct, labor, study… got “marks” • Marks got you privilege, and eventually release • Fired in 1844 • BUT, in 1853, England substitutes prison for transportation, and legalizes “ticket-of-leave” system • Hired (1849) and Fired (1851) again in a different prison

5. Sir Walter Crofton • Administrator of Irish Prison System • Implements Mac’s plan in 1854 • Tickets of leave only for “reformation” • Achievement (industry/education), positive attitudes • The “Irish System” • Strict Imprisonment • Intermediate • Ticket-of-leave • Closer to “parole” than the English ticket (conditions, supervision)

6. Meanwhile, back in the U.S. • National Prison Association • Importance of 1870 Meeting in Cincinnati • “Irish System” part of “Declaration of Principles” • Principles = Rehabilitative Ideal • Indeterminate Sentences, Parole, “mark system” • Zebulon “the Wolverine” Brockway • Elmira Reformatory (NY) in 1876 • Indeterminate sentence x parole • Grades of Classification (first--good--to third--bad) • Parole supervision for six months • “Volunteer Guardians”

7. The Rise of Parole 1900-1970s • Indeterminate Sentencing x Parole spread rapidly • NY first state (1907) • All but three states by 1927 • This system reaches its peak in the 1970s • By 1977, 72% of offenders released on parole • Prisoner Reform (in reality?) • Institutional Control • Solution to Prison Crowding

8. The Attack on Parole • Parole not liked by the American public • But, polls as early as 1934 reveal this (still holds today)…why in the 1970s? • But, danger of polling questions? • The 1970s revolution • Conservatives (chance to pounce) • JQ Wilson (deterrence/incapacitation only option) • Parole as “coddling criminals” • Liberals • End racial/gender bias, boards as political fodder • Fogel, Von Hirsch = “Justice Model”

9. The Results of the Attack • Maine eliminates parole in 1976 • By the end of 1998, 14 states abolish • 1984: Feds phase out (still “supervised release”) • 21 additional states limit discretion of parole board • Only 15 states still give broad discretion • Only 28% of inmates released by parole boards in 1997 • End result? • No increase in time-served (other valves) • Truth in sentencing has had an effect • Both prison time and parole time have increased

10. Changes in the Nature of Parole Supervision • Like probation, parole supervisors embraced the “surveillance and control” model in the 1980s • Whither counseling, job training, housing? • Offenders as in need of “attitude adjustment • POs absolved of responsibility for change • Drug testing, but no drug tretment

11. Current forms of Release • Mandatory Release • Conditional supervision if goodtime credits or other “early release” • If full sentence, (expiration) no supervision, unless… • Supervision included in sentence • Federal Guidelines = “supervised release” • Discretionary Parole Release