CJC 4410 Study Guide Exam 2 Parole Rise of the determinate sentencing model o Federally mandated prison population minimums Methods of Prison Release Mandatory vs discretionary release Discretionary release o Mandatory Release must be released at end of the offenders sentence which may have been shortened by gain time o Discretionary Release release is granted by a parole board that determines an inmate s eligibility of release o Mixed System certain categories can be discretionary not serious offenses Decision to Supervise Conditional vs unconditional o Conditional must report to parole office they can t have weapons etc if violated parolee sent back to prison States such as California Oregon and Rhode Island must be o Unconditional no conditions after release no supervision Roughly 18 nationwide Growing idea between 1977 2000 numbers rose from 20 000 conditional 100 000 Growth of Parole Population 1985 1994 number of parolees under supervision grew by 130 1981 136 per 100 000 By 2000 347 per 100 000 Disproportionate concentration o CA 42 of all parolees Greater of released prisoners on parole than any other time in our history o Currently 80 of those released prisoners on parole o 4 5 of released inmates are on parole o of released inmates NEVER see a parole board o Reduced reliance on parole boards Bottom Line for a large number of exiting prisoners we have lost the link between pre release preparation and post release supervision Parole Success Definition of success or failure o No national standard comparison of successes and failures over time and across states is very difficult BJS Definition success no return to prison jail or absconding from supervision Throughout the 1990 s success rate fairly stable 42 49 Median success rate 58 Disaggregation o 1st time release 64 have success o Repeated offenders 21 success o By state range from 19 in Utah 83 in Massachusetts Policies and practices of parole agencies contribute to these differences Outliers such as California skew these success rates Parole in Florida Abolition of parole October 1 1983 Discretionary parole release was abolished for almost all offenses Sentencing guidelines took effect Control Release Authority Point system and unlimited discretion o This added human aspect back into the decision process Selective incapacitation and funds for more beds 24 000 o Fear of a need for emergency release so sentencing board decided on and eliminated the CRA Control Release Authority Gaintime o Release inmates to keep in line with the boundaries established by o When there is a need for beds inmates with good time can be the federal court reviewed for release o Crack epidemic and rising prison populations two more types of gain time introduced 1987 Administrative GainTime distributed in February 1987 so the state prison system could avoid exceeding its capacity I missed the second type of Gain Time my apologies Parole in Florida Today Who is eligible o People convicted of crimes before October 1 1983 are eligible for parole Gaintime an inmate s opportunity to earn a reduction if eligible in his or her overall sentence imposed by the court once they have completed 85 of their sentence o Basic eliminated Jan 1 1994 1 3 of sentence taken off o Incentive awarded for work and participation in programs Before 1994 20 hrs month awarded when enrolled in one of the two programs and 25 hours month after 1994 o Meritorious awarded for an outstanding deed o Educational achievement up to 60 days for GED or certificate of completion of a vocational program o Education up to 6 days for completion of literacy program o The 1983 sentencing guidelines abolished parole for any offense committed after October 1 1983 o The 1994 sentencing guidelines repealed the Basic Gain time grant to show commitment to the truth in sentencing legislature FL DOC Release Process Effect Flaw selection by parole board Discretionary o Post incarceration supervision o Cost Benefit Analysis by parole board o Can have the same effect as mandatory if offender goes back to prison then they would have to finish their sentence and they re kicked out o Parole board determination is not reliable prisonization Not using best release info o Timing of release programs help with transition back into the community Mandatory Why Abolish Parole Argument longer prison sentences and truth in sentencing Abolishing parole contributes to bad correctional practices o Release from prison should be earned o Purpose of a parole board Ex Richard Allen Davis convict for murder He was in and out of prison for years for many crimes In California in the mid 80 s he went to prison for abduction and robbery He was continually denied parole then released when the board was changed to mandatory release He got out abducted raped and killed a 12 year old girl Services and Parole Conditions Parole has moved away from their historical mission counseling job training and housing assistance o Rehabilitation or control Varies between and within states Ex California o 200 shelter beds for 10 000 homeless parolees o 4 mental health clinic for 18 000 psychiatric cases o 750 beds in treatment programs for 85 000 drug and alcohol abusers Most parole sentences requires you to test clean so the bed to abuser ratio is ridiculous Unrealistic parole conditions o Addicts aren t getting the appropriate rehabilitation needed Parole Classification and Caseload Assignment Formal approach to classification and case management o Risk needs assessment for a total score RISK NEEDS SUPERVISION LEVEL o Intensive regular or minimum supervision o Maintain control not reduce recidivism Specialized caseloads 4 of parolees o Offenders pose a particular serious threat to public safety or present unique problems that may affect adjustment Ex sex offenders and drug abusers About 69 82 parolees per Parole Officer About 43 4 Specialized cases per Parole Officer Parole revocation Can be revoked for 2 reasons o Commission of a new crime o Technical violation don t pay restitution fail a drug test Morrissey v Brewer 1972 and Gagnon v Scarpelli 1973 o Written notice of violation and evidence Parolee must be aware of their violation o Right to confront and cross examine their accusers The Changing Nature of Parole Supervision and Services Parole originally designed to make the transition from prison to the community easier Reasons for lack of assistance move to monitoring control o More conditions less time to help ex offenders o Fiscal