Transcript Chapter 8

Chapter 13
Parole Conditions and Revocation
Introduction
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Parole conditions determine the amount
of freedom versus restriction a parolee has
Accomplishment of the conditions of parole
determine the success of the parolee and
the ultimate goal of protection of society
Parole revocation occurs if the parolee
violates the conditions of parole
Prisoner Perspectives on Getting
Out
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A California study of parolee perspectives
found the reentry process a negative
experience for about half 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, sustaining a job and paying
rent
The Field Parole Officer
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Parole officers manage caseloads of 60-75
parolees (25-50 for specialized caseloads)
and perform the following functions:
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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
The Officer’s Perspective
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Parole officers generally view parole more
as an art than a science
Parole officers believe the most important
features of a reentry program are:
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Steady employment-the key element
Remaining drug free
Positive family and peer social support
Structure in daily activities
Conditions of Parole
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Standard conditions are mandatory for all
parolees in a jurisdiction
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The average number is 15
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
Legal Issues in Parole Conditions
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Boling v. Romer (1996) held that the
condition requiring a parolee to submit DNA
samples did not violate 4th or 5th
Amendment protections
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Parole is discretionary and can be conditional
Retroactive sex offender registration has
been found to be constitutional
Limited Parolee Rights
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Diminished rights, those held by parolees,
are not as highly protected as similar rights
enjoyed by nonoffenders
First Amendment Rights, a preferred
right, can be limited to a probationer or
parolee
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“. . . Valid if they are reasonably necessary…”
Fourth Amendment Rights
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Results of a search can be used for revocation but not for
a new criminal conviction
The exclusionary rule does not apply
Violating Parole
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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 two stage process is not required in
parole revocations and a conviction for a
new offense constitutes sufficient evidence
for revocation
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The Supreme Court ruled in Young v.
Harper (1997) that preparolees have the
same due process rights as parolees
Parole violators were 95% male, over half
were African-American, 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%)
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Most rearrests of parolees occur within the
first six months of release and within three
years, 2/3rds are rearrested
In 2000, 35% of all state prison admissions
were parole violators
Parolees originally convicted of property,
drug and public order crimes were less
likely to violate their parole than offenders
who went to prison for crimes, weapons or
immigration offenses
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Of state parolees who were revoked:
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70% were arrested or convicted of a new offense
22% absconded
34% were returned for technical violations that
included drugs, failure to report, possession of a
firearm and failure to maintain employment
Federal parole violations included:
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60% technical
30% new crimes
10% other violations
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The rate of parole violations has increased
in recent years because:
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The treatment perspective has been replaced by
a control model
Parole officers spend less time with each parolee
due to increased caseloads
More conditions imposed has resulted in more
ways to violate
More drug use is detected due to new drug
testing technology
With advanced electronic monitoring technology,
more hardened offenders have been released
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It is difficult to balance public expectations
about whether parole revocation does or
does not indicate parole success or failure
A parole absconder is an offender who,
without prior permission, escapes or flees
the jurisdiction of supervision
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Researchers estimate the rate to be 11%-27%
The two categories of absconders are:
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Type I Absconders: Benign
Type II Absconders: Menace to Society
Parole Effectiveness
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Many parolees complete their term of
supervision successfully and national
success rates have remained the same
since 1990
Recidivism, as a measure of parole
success, depends on:
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How recidivism is defined
The duration of time of the study
The size of the sample
Predicting Parole Outcomes
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The variables shown to predict parole
outcome are:
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Gender
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Number of prior arrests
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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
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While studies vary in conclusion, success is
increased when paired with treatment and reentry
assistance