Correctional Issues

Reentry into the Community

Most Inmates Eventually Released into Society

Over three-fourths will be on parole

Parole

▪ Grace or privilege

▪ Contract of consent

▪ Custody

Number of Adults under Parole Supervision, 1980-2007.

Maconochie

Classification procedure

▪ Strict imprisonment

▪ Labor on chain gangs

▪ Freedom within a limited area

▪ Ticket-of-leave or parole with conditional pardon

▪ Full restoration of liberty

Crofton

Progress through prison and ticket-of-leave linked

Parole included a series of conditions

▪ Report monthly to police

United States

Brockway

▪ Elmira Reformatory

Indeterminate sentencing followed by parole

U.S. Board of Parole

Methods of Release from State Prison

Discretionary Release

Mandatory Release

Probation Release

Reinstatement Release

Other Conditional Releases

Expiration Release

Procedure Eligibility ▪ Sentence

▪ Statutory criteria

▪ Conduct prior to incarceration

▪ Often minimum sentence minus good time

▪ Parole board discretion

▪ One-third to one-half of the maximum sentence

Release Criteria Normally include at least eight factors▪ Offense▪ Prior criminal record▪ Attitudes▪ Institutional adjustment/participation/progress▪ History of community adjustment▪ Physical, mental, and emotional health▪ Insight into causes of past criminal conduct▪ Adequacy of parole plan

Release Criteria

Discretionary

▪ Moral judgments

▪ Culpability

▪ Adequacy of sentence

▪ DNA

▪ Legal and ethical issues

Structuring Parole Decisions

Parole guidelines

Three criteria

▪ Substantial observance of institutional rules

▪ Release will not devalue seriousness of offense or promote disrespect for the law

▪ Release will not jeopardize public welfare

The Impact of Release Mechanisms

Shorten a sentence

Encourages plea bargaining

Mitigates the harshness of the penal code

Reduce prison populations

Second Chance Act of 2007 Provides federal grants to states and communities to support reentry initiatives ▪ Employment

▪ Housing

▪ substance abuse

▪ Mental health treatment

▪ Children and family services

Community Supervision

Conditions of release

▪ Abstain from alcohol

▪ Stay away from undesirable associates

▪ maintain good work habits

▪ Do not leave the community without permission

Revocation Parole can be revoked for two reasons▪ Committing a new crime

▪ Violating conditions of parole

In practice▪ Usually requires persistent non-compliance or

▪ Arrest on a serious charge

Supreme Court requirements

Revocation Percentage of Prison Admissions Who are Parole Violators

Parole Officer Surveillance▪ Restriction▪ Enforcement▪ Revocation

Assistance▪ Jobs▪ Families▪ Human service agencies

The Strangeness of Reentry

Changes

Unfamiliar freedomSupervision and Surveillance

Not really free

The Problem of Unmet Personal Needs Education

Money

Job

Drug and alcohol problems

Mental health

Housing

Barriers to Success

Employment

▪ Conviction viewed as untrustworthy ▪ Statutory bars

▪ Expungement

▪ Pardon

Barriers to Success Civil disabilities ▪ Right to vote and hold public office

▪ “War on Drugs”▪ Access to public assistance and food stamps

▪ Living in public housing

▪ Having a driver’s license

▪ Being a foster parent or adopting children

▪ Receiving student loans

Four Factors

Get substance abuse under control.

Get a job.

Develop a support group of family and friends.

Get a sense of “who I am.”

Reentry Courts Judicial supervision Emphasis on involvement of judicial and correctional officials in ▪ Prerelease needs of prisoner▪ Linkages to family▪ Social services▪ Housing▪ Employment