Release: From One Part of the System to Another

Release from Incarceration

1. 
   Release: From One Part of the System to Another
   
   1. 
      All inmates, except for the 7 percent who die in prison, will be released to the community.
      
   2. 
      Currently about 77 percent of felons are released on parole and remain under correctional supervision.
      
   3. 
      Parole is the conditional release of an offender from incarceration but not from the legal custody of the state.
      
   4. 
      Parole rests on 3 concepts.
      
      1. 
         Grace or privilege
         
      2. 
         Contract of consent
         
      3. 
         Custody
         
   5. 
      Only felons are released on parole; adult misdemeanants are usually released directly from local institutions on expiration of their sentences.
      
      1. 
         The number of parolees has grown.
         
      2. 
         Today, at least 750,000 individuals are under parole supervision.
         
   6. 
      A variety of organizational structures have been developed to effect the release of prisoners, but parole is uniformly an activity of state and federal (not local) governments.
      

2. 
   Origins of Parole
   
   1. 
      Parole in the U.S. evolved during the 19^th century following English, Australian, and Irish practices as conditional pardon, apprenticeship by indenture, transportation, and “tickets-of-leave.” They were responses to problems of overcrowding, labor shortages, and the cost of incarceration.
      
   2. 
      A key figure in developing the concept of parole was Captain Alexander Maconochie who developed a system of rewards for good conduct, labor, and study.
      
      1. 
         He developed a classification system by which prisoners could pass through
         
         1. 
            Strict imprisonment
            
         2. 
            Labor on chain gangs
            
         3. 
            Freedom within an area
            
         4. 
            A ticket-of-leave or parole with conditional pardon
            
         5. 
            Full liberty
            
   3. 
      Maconochie’s idea of requiring prisoners to earn their early release caught on first in Ireland with Sir Walter Crofton. He built on Maconochie’s idea and it became known as the Irish or intermediate system.
      
   4. 
      The English and Irish developments soon traveled across the Atlantic. Conditional pardons and reductions for good time had been a part of American corrections since the early 1800s, but such offenders were released without supervision.
      
   5. 
      Parole in the U.S. was linked to the intermediate sentence developed by Zebulon Brockway.
      
      1. 
         Parole remains controversial.
         
      2. 
         Parole reduces time in prison.
         
      3. 
         Parole impacts plea bargaining.
         
      4. 
         Parole affects the size of the prison population as well as discipline within the facility.
         

3. 
   Release Mechanisms
   
   1. 
      Discretionary release is a conditional release by the parole board that allows the board to assess the prisoner’s readiness for release.
      
   2. 
      Mandatory release occurs after an inmate has served time equal to a certain percentage of the total sentence minus good time.
      
   3. 
      Other conditional releases include furlough, home supervision, halfway houses, emergency release and other programs; these avoid the appearance of the politically sensitive label, discretionary parole.
      
   4. 
      Expiration release – an increasing percentage of prisoners are given this release. This releases them from further correctional supervision and they cannot be returned to prison for their current offense; they have served the maximum sentence, minus “good time”—they have “maxed out.”
      

4. 
   The Organization of Releasing Authorities
   
   1. 
      Consolidated vs. Autonomous: Parole boards tend to be organized either inside a department (consolidation model) or as an independent agency (autonomous model) of government.
      
   2. 
      Field Services: During the past decade, there has been a movement to make the transition from incarceration to the community more gradual, and most departments have instituted such preparole programs as work release and educational release.
      
   3. 
      Full-Time vs. Part-Time: Because of the increased complexity of corrections, many people both in discretionary and mandatory release states, hold that administration of parole should be a full-time enterprise.
      
   4. 
      Appointment: Members of the paroling authority may be appointed by the governor or by the head of the corrections department.
      

5. 
   Decision to Release
   
   1. 
      Discretionary Release is designed to allow the parole board to release inmates to conditional supervision in the community when they are deemed “ready” to live as law abiding citizens.
      
      1. 
         Release Criteria: Parole boards give inmates a formal statement of the criteria for making the decision; inmates do not “apply” for parole; published criteria may help familiarize inmates with the board’s expectations.
         
      2. 
         The Prisoner’s Perspective: “If you want to get paroled, you’ve got to be in a program.”
         
      3. 
         Consequences of Discretionary Parole: Although inmates criticize the somewhat capricious actions of some parole boards, they also point out that indeterminate sentences and discretionary release leave them constantly in limbo—the uncertainty is demoralizing.
         
   2. 
      Structuring Parole Decisions: In response to the criticism that the release decisions of parole boards are somewhat arbitrary, many states have adopted parole guidelines to help their members. Release is usually granted to prisoners who have served the amount of time stipulated by the guidelines and who meet 3 criteria.
      
      1. 
         They have substantially observed the rules of the institution.
         
      2. 
         Their release will not depreciate the seriousness of the offense or promote disrespect for the law.
         
      3. 
         Their release will not jeopardize public welfare.
         
   3. 
      The Impact of Release Mechanisms
      
      1. 
         Parole release has an enormous impact on other parts of the system, including sentencing, plea bargaining, and the size of prison populations.
         
      2. 
         One important fact is that an administrative body—the parole board—can shorten a sentence imposed by a judge.
         
      3. 
         Although states vary considerably, most inmates serve an average of two and a half years before release.
         
      4. 
         Release before the end of the formal sentence encourages plea bargaining by both prosecutors and defendants.
         
      5. 
         Discretionary release mitigates the harshness of the penal code.
         
      6. 
         Discretionary release is also an important tool for reducing prison populations.
         

6. 
   Release to the Community
   
   1. 
      One impact of the explosive growth of the nation’s prison population is the huge increase in the number of inmates who are being released to the community after serving their terms.
      
   2. 
      Out of the philosophy of community corrections came the reintegration model of prison life with the goal to prepare offenders for reentry into society.
      
   3. 
      Table 15.4 shows characteristics of some prerelease programs. These programs help the offender transition into society