CJC 4410 Exam 2 Study Guide I Parole Part I Parole a Rise of determinate sentencing model 8th amendment b Methods of Release i States vary within ways they do this ii Discretionary Release i Caused rise in prison population ii Each institution cannot have any more than a certain number of people violate the 1 Made by parole boards or something similar a Review individual cases to determine if they re ready to be released 2 Criteria varied over time and between states covers a range of considerations iii Mandatory Release 1 Determined by operation of law a When it hits the mark you are released b You have served your sentence c 1976 65 of prison releases were discretionary d By 1999 only 25 were discretionary i Mixed Systems 1 Rely on parole boards usually violent offenders and fixed sentences mandatory release for different categories of prisoners e Decision to supervise i Conditional Release placed on supervision in community for predetermined amount of time and have guidelines conditions to follow i e parole ii Unconditional Release Have no restrictions other than invisible punishments 1 Number of prisoners released under this has increased 2 Most prisoners are released under some sort of condition Growth of Parole Population a 16 states experienced a decline of the number of people on parole b 11 states increased c Disproportionate concentration i CA responsible for 42 of parolees d Reduced our reliance on parole boards but increased the number of people placed on conditional release 3 out of 4 released prisoners never see a parole board e One function of parole board is to ensure that the person is ready for release prepared f Parole Success a Currently no single national standard on how to define a successful parolee or for failure for that matter II III b Absconding to go AWOL don t check in with the office they don t go to meetings etc c Disaggregation separate pull apart different groups to look at them individually i 1st time parolee release higher about 64 compared to 24 for reoffenders ii By state 1 Ranges from 19 in Utah 83 in MA iii Policies practices in each state are different this are results in differences in who is a successful parolee d Median success rate is 58 i CA has a large population and put every person released on conditional release low success rate ii FL and CA good to compare FL abolished parole IV Parole in Florida a Eligible for parole on or before 10 1 83 b Sentencing guidelines i Complex scoring system ii Points for prior record seriousness of effects victim injury etc c Gain Time way to get inmates out faster i Inmates opportunity to earn a reduction in their sentence after serving 85 of sentence d Control Release Authority i Human touch to determine who to release ii Not parole just being released into community e Emphasize incarceration for violent offenders and minimize incarceration for nonviolent offenders i Selective incapacitation ii Funds for beds V Parole in Florida today a Gaintime Inmates who serve life sentences are not eligible i ii Depending on crime one may not be eligible for gain time like if it s too severe iii Basic gain time after they have served 1 3 of their sentence they then can gain time 1 Safe Streets Act eliminated iv How much gaintime you get depends on when you committed the crime v KNOW THE DIFFERENT TYPES OF GAIN TIMES VI Release Process Effect a Flaw those released by parole board are inherently better because they ve been handpicked by parole board b Discretionary i Supervision once released ii CBA Cost Benefit Analysis of costs and benefits of society iii Misbehaves serve rest of sentence similar to mandatory c Mandatory Release Effects i No case by case basis ii Tainted info used to handpick people iii Discretionary process rewards those who hide hidden agendas i e those able to lie etc iv Know timing from start programs can be time more properly Parole Continued Where do we go from here Why abolish parole a Greater honesty serve the actual amount of time b c No motivation to behave while in prison because there isn t a chance for an earned Leads to less public safety release d Ex Richard Allen Davis i Released on parole for 4th time ii Killed someone iii CA then implemented the 3 Strikes Laws I II Services and Parole Conditions a Provide counseling job training etc b Supposed to be rehabilitative but used more as controlling the streets i EX Drug tests Supposed to ease back in society c d Treated as rehabilitative in discourse but rather used as coercive control e Less money available for services because it s used to build prisons f Rarely offered opportunity for help g Inmates released from CA prison each year they are given 200 and a bus ticket back to where the crime was committed i Gain full employment no affiliation with people with criminal record paying all h Unrealistic parole conditions restitution etc III Parole Classification and Caseload a Formal Approach i Based on a structured assessment of risk and needs Specialized Caseloads b c Use specialized parole officer that meets requirements of special parolees IV i Fewer than 4 are on supervised caseloads Parole Caseload Supervision Level Contacts and Annual Coast a EM smallest percentage b Regular parole most popular i Intensive specialized want to meet as much as possible c Collateral Contacts 1 Not illegal for the rest of the population but not in their agreement i Contact supervisor family member to see how it s going V d Problem Parole officers say paperwork has increased Parole Revocation a 2 reasons i Violate any condition of parole illegal because on parole b Administrative Process i No court involvement ii Don t get same rights if arrested any other time c They do have some rights before immediately going to prison d Landmark cases of parole revocation VI i Morrissey v Brewer and Gagnan v Scarpelli The Changing Nature of Parole Supervision and Services a Knew community well knew where to get parolee to go b More gradual process c Make transition into community easier d Lack of assistance i More frequently required to drug test community service pay restitution ii Officer must monitor the many conditions put on parolee e Lack of available treatment and job opportunities for parolees are the officers complaints f New Parole Officer i Offenders viewed as aggregate ii Officers trying to manage risks presented iii Social work was most common study VII g Before 1980 didn t have firearms h Parole officer training hot to use a firearm i Directly