Chapter 12

1. Chapter 12 Preparing for Prisoner Reentry: Discretionary Parole and Mandatory Release

2. Introduction • Prisoner reentry is any activity or program dedicated to preparing and integrating parolees into the community as law-abiding citizens using a collaborative approach with parole officers, treatment providers and the community. • More than 95% of incarcerated prisoners will eventually be released: 650,000 every year. LO: 1

3. Issues in Reentry • Successful reentry includes: • Prerelease planning • Community referrals • Quick access to benefit programs and continuity of care LO: 1

4. Issues in Reentry, Con’t. • Challenges for recently-released ex-offenders include: • Being indigent, but still requiring medications • Being given a list of referrals versus having the appointments made for them • Finding suitable employment, housing and staying clean of illegal drugs LO: 2

5. The Prisoner’s Family • The prisoner’s family suffers during the period of confinement with the stigma of having a loved one behind bars • The prisoner’s family plays a vital role in reentry, yet only 25% of prisoners have someone to meet them at release • Reentry requires family ties to be reestablished or mended LO: 2

6. The Victim’s Role in Reentry • Most victims are an intimate or an acquaintance of the offender. • The offender has a responsibility to repair the harm done to the victim and the community. • Discretionary parole is viewed as safer for the victim than releasing prisoners to the community without supervision. LO: 2

7. Reentry and the Community • Certain areas of cities receive a disproportionate number of parolees and have a high amount of unemployment, drugs and instability and disorganization • Some believe that reentry should encompass restorative justice and civic community service in a model of civic engagement if the community is willing to accept offenders returning to their communities. LO: 2

8. Community-Based Reentry Initiatives • Other reentry initiatives are to allow employers who hire parolees and ex-felons to receive federal tax credits after the employee has worked a certain amount of time or has earned a certain amount of money. • Reentry courts are a collaborative, team-based program that occurs after prison to improve the link between parole supervision and treatment providers. LO: 2

9. Types of Reentry • The different types of reentry result from either determinate or indeterminate sentencing structures • Determinate sentencing results in automatic or mandatory release • Indeterminate sentencing results in discretionary release by a parole board LO: 3

10. Eligibility for Parole • The first step in the reentry process is the eligibility of the offender for parole consideration. • Some inmates are permanently ineligible for parole. • Parole eligibility is determined by a combination of calendar days served and good time days earned. LO: 3

11. Parole Board Functions • Parole boards have four basic functions: • To decide when prisoners should be released • To determine any special conditions of parole supervision • To successfully discharge the parolee when conditions have been met • To determine whether parole privileges should be revoked if the conditions are violated • In addition, some parole boards are involved with executive clemency decisions LO: 3

12. Eligibility Dates • The minimum eligibility date is the shortest amount of time defined by statute that must be served before an inmate is considered for parole by the parole board. • The maximum eligibility date is the longest amount of time that can be served before the inmate must be released. LO: 3

13. Time Sheets and Eligibility Dates • Good time (or “gain time”) is awarded for institutional good conduct and may be lost for misbehavior. • Parole eligibility dates vary from state to state and offense-type to offense-type. LO: 3

14. Prerelease Preparation • A prerelease facility is a minimum security program that houses inmates with good institutional conduct who are within 2 years of release. • A prerelease plan includes a summary of institutional conduct and program participation as well as plans for housing and employment upon release, and: • Increases an offender’s chances of parole • Saves time during the parole hearing • Reflects ties in the community that will assist in reentry LO: 1

15. The Parole Board • Parole boards average 7 members, ranging from 3 to 19 in number. • Most release decisions are made by panels of three members. • Crimes of a violent or sexual nature may require a full board review. • In most states that retain parole boards, the governor appoints members for an average of 5 years, with varying qualifications. LO: 3

16. Parole Boards Have 4 Basic Functions: • To decide when individual prisoners should be released • To determine any special conditions of parole supervision • To successfully discharge the parolee when the conditions have been met • To determine whether parole privileges should be revoked or should the conditions be violated LO: 3

17. The Parole Hearing • The options for parole decision makers are: • Grant parole, resulting in conditional release • Deny parole, resulting in continued imprisonment • Defer to a later date, resulting in a delay of the grant or deny decision, typically by 6 months to a year • The sentencing judge, prosecutor and defense attorney often provide recommendations. LO: 3

18. Victim Impact • A victim impact statement mentions how the crime has taken a toll physically, emotionally, financially, and/or psychologically on the victim and the victim’s family. • Parole was refused in 43% of cases in which victim impact statements were present, but only 7% of cases were denied when victim statements were absent. LO: 2

19. Models of Parole Release Decisions • Statutes typically direct parole boards to base their decisions on: • The probability of recidivism • The welfare of society • The conduct of the offender while incarcerated • The sufficiency of the parole plan LO: 3

20. 3 Models • The models guiding parole decision making are: • The surveillance model • “an attempt to control “the dangerous classes” • The procedural justice model • Advocates fairness and legal factors, i.e., guidelines • The risk prediction model • Utilizes offense severity and risk of recidivism, resulting in the salient factor score LO: 3

21. Due Process During Parole Hearings • Menechino v. Oswald (1971) • The Supreme Court ruled that parole was a privilege not a right. • Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex (1979) • Established minimal due process protections in the parole granting process. LO: 4

22. Right to Attorney • Prisoners seeking parole do not have the right to be represented by counsel. • While a lawyer is welcome to attend in support of the prisoner, the lawyer may not represent or talk for a prisoner during a parole hearing (Franciosi v. Michigan Parole Board 2000). LO: 4