Transcript Chapter 13
Chapter 13 Parole Conditions and Revocation Introduction Parole conditions determine the amount of freedom versus restriction a parolee has. The goals are accomplished by enforcing conditions and providing services that assist in community reintegration. As with probation, parole revocation occurs if the parolee violates the conditions of parole. LO: 1 Prisoner Perspectives on Getting Out A California study of parolee perspectives found the reentry process a negative experience for about 1/2 of all parolees. An Iowa study of the transition from prison to a halfway house and then to parole found inadequate preparation for release that required the payment of rent, seeking employment, and sustaining a job. LO: 2 The Field Parole Officer Parole officers manage caseloads of 60-75 parolees (25-50 for specialized caseloads) and perform the following functions: Carry out and enforce the conditions of parole Make referrals to treatment programs Conduct investigations and report violations Provide appropriate information to victims Share information with law enforcement LO: 2 The Officer’s Perspective Parole officers generally view parole as more of an art than a science. Parole officers believe the most important features of a reentry program are: Steady employment - the key element Remaining drug free Positive family and peer social support Structure in daily activities LO: 3 Conditions of Parole Standard conditions are mandatory for all parolees in a jurisdiction. Special conditions are tailored to fit the needs of individual offenders. Critics of excessive conditions argue that they often create unrealistic expectations and are destined to result in failure. LO: 1 Limited Rights An offender on parole does not lose all constitutional rights. However, as with probationers, the rights enjoyed are diminished, meaning that they are not as highly protected by the courts as similar rights enjoyed by nonoffenders. LO: 1 First Amendment Even preferred rights such as First Amendment rights can be limited if an offender is on parole or probation. The Federal Court of Appeals for the Tenth Circuit held a condition valid which prohibited a parolee from harassing, intimidating, or picketing in front of any gynecological or abortion family planning services center. LO: 1 Fourth Amendment As a condition of parole, parolees must allow parole officers to search their car or place of residence without a search warrant. This condition has been upheld for parole revocation hearings but not for a new criminal prosecution. The exclusionary rule does not apply to parole or probation revocation hearings. LO: 4 Legal Issues in Parole Conditions for Sex Offenders Boling v. Romer (1996) held that the condition requiring a parolee to submit DNA samples did not violate Fourth or Fifth Amendment protections. Parole is discretionary and can be conditional Involvement in a treatment program for sex offenders requires that offenders admit their guilt. If the crime is denied, then the offender will not be allowed to participate in treatment. LO: 4 Violating Parole The parole violation process begins when the parole officer discovers a potential violation. Parole jurisdictions use both warrants and citations in the revocation process. A 2 stage process is not required in parole revocations, and a conviction for a new offense constitutes sufficient evidence for revocation. LO: 5 Parole Violators In their 2005 study, Hoffman and Beck found that parole violators were 95% male, over ½ were African-American, and most were between 25-39 years of age. The most serious offense resulting in revocation was a violent crime (34%), property crime (33%), drug crime (23%) and a public order crime (13%). LO: 2 Revocation Rate Most rearrests of parolees occur within the first 6 months of release and within 3 years, 2/3 are rearrested. If a parolee is ultimately revoked, in most cases, the revocation period is not long enough to justify a return to prison. Instead, revoked parolees remain in the community with more restrictions, or they remain in the county jail for the rest of their original sentence. LO: 5 Underlying Causes of Revocation With more emphasis placed on control and punishment, the threshold level is lowered for what behavior is tolerated before a revocation occurs. An increase in the average number of offenders that each parole officer has to supervise means offenders have less face-to-face contact. There are more parole conditions, and thus more ways to violate. LO: 3 Absconders A parole absconder is an offender who, without prior permission, escapes or flees the jurisdiction of supervision. The two categories of absconders are: Type I Absconders: Benign Type II Absconders: Menace to Society LO: 3 Predicting Absconding Behavior – Ohio Study Predictive variables include: Juvenile and adult felony convictions Arrests within 5 years of the current crime Previous adult incarcerations Previous probation or parole revocations In the California Study, the top 2 variables were unstable living arrangements and frequent unemployment. LO: 3 Parole Effectiveness Parole has been widely criticized as a “revolving door” to prison that reduces the impact of criminal sentences and threatens public safety. Recidivism, as a measure of parole success, depends on: How recidivism is defined The duration of time of the study The size of the sample LO: 4 Predicting Parole Outcomes The variables shown to predict parole outcome are: Gender Number of prior arrests Male parolees return to prison at higher rates than women. The lower the number of previous arrests, the greater the likelihood or parole success. Supervision versus no supervision While studies vary in conclusion, success is increased when paired with treatment and reentry assistance. LO: 2