Types%20of%20Release

1
Types of Release

• Indeterminate Sentences
• Discretionary Parole
• Other names that do the same thing
• Determinate Sentences
• Expiration
• Early, good time, administrative parole
• Traditional hook some type of early release
• Now, even if expire supervision
• Only 2 states have no post-release supervision

2
Parole as a prison valve

• Original intent in theory (history) judge
  reformation
• But, population control and institutional control
  always in background
• Recently, more institutionalized
• States give statutory power to parole board
• Informal agreement between governor and parole
  board

3
The Parole Board

• Functions
• Release inmates from prison
• Set conditions of parole
• Discharge parolee when conditions met
• Revocation decisions
• Other administrative
• E.g., restore civil rights, review pardons

4
Whos Who on the Board

• Most are full-time, salaried employees
• Wide variation in board size (3-59)
• Qualifications?
• Read text should ideally

5
Parole Hearing

• Actual hearing largely ceremonial in most states
• In some cases, they only review paper file
• Even if hearing, file still most important
• Decision yes/no/wait
• Who else is around?
• Most states no attorney, no family
• Victims?

6
Parole Guidelines

• Prior to 1970s, decisions based on hearings and
  whims of board members
• Even here, based on seriousness and prior
  record
• Risk instruments
• Risk score x Offense severity
• Federal Salient Factor Score

7
Parole Guidelines II

• The Good?
• Reduce bias
• More efficient and safer decisions
• Actuarial better than clinical
• The Bad?
• All of the risk predictors are static
• Inmates realize this (see inmate perceptions)
• More faith in appeals process than parole
• The Ugly?

8
(No Transcript)
9
Due Process for Parole Decision

• Greenholtz v. Inmates of Nebraska
• Inmate complaints?
• Question fairness of hearing (unconstitutionally
  denied parole)
• States hearing process
• States notification process
• Supreme court upholds Nebraskas statue
• Reasonable notice
• Initial hearing where inmate can present case
• Reasons for denial
• One hearing per year is enough