JV

Parole and Reentry Challenges

Corrections: Making Release Decisions

  • Jurisdictions consider factors like standardized tests, letters, victim statements, and expected behavior changes for parole decisions.

  • Denying responsibility can affect release; specific rights at parole hearings vary by jurisdiction. Some allow counsel/witnesses; reasons for decisions are usually written.

Legal Rights Regarding Parole

  • Swarthout v. Cooke (2011): Due process is met when prisoners are heard and given reasons for parole denial; there's no absolute legal right to parole.

  • Case Details:

    • Swarthout v. Cooke:

      • Cooke's parole request was rejected; California law allows judicial review of parole denials.

    • Cate v. Clay:

      • Clay's parole suitability was overturned by the governor; court deemed it a due process violation.

  • Supreme Court Ruling:

    • Reversed both decisions, stating fair parole hearing procedures satisfy due process. Courts can't overturn decisions if the process is fair.

The Parolee in the Community

  • Parolees must follow rules; violations can lead to revocation. Parole officers supervise, assist with employment, and monitor behavior.

  • Parole is a privilege, not a right, presenting a conflict between treatment and enforcement.

  • Some programs use restorative justice; others, law enforcement-oriented services.

Intensive Supervision Parole (ISP)

  • Offenders are classified by supervision needs. ISP includes smaller caseloads, treatment, and frequent monitoring.

  • ISP evaluations show mixed results; properly run programs can reduce recidivism with the right parole officer orientation and support.

The Effectiveness of Parole

  • High recidivism rates persist. A study indicated 83% of released state prisoners were arrested within 9 years.

Why People Fail on Parole

  • Releasees face difficulties: lack of education, support, and the burden of a prison record.

  • Successful states use swift sanctions and rewards.

The Problem of Reentry

  • Parole failure persists, hindering societal reentry.

Prison Experience

  • Psychological and economic issues leading to recidivism are often unaddressed in prison.

Supervision on the Outside

  • Many inmates are released without supervision, though research indicates supervision is valuable.

Risks Posed by Newly Released Inmates

  • Unsupervised inmates may pose risks; the effect of supervision is debatable.

Personal Deficits

  • Reentry problems are linked to releasees' personal deficits, such as drug abuse and mental illness.

Economic Deficits

  • Imprisonment reduces income and employment opportunities.

Employment Helps

  • Meaningful employment increases parole success.

Marriage and Family Deficits

  • Strong social support and close family ties improve reentry chances; prison harms these relationships.

Community Deficits

  • Community characteristics influence parole violations; access to services affects parole success.

The Risks of Reentry

  • Many releasees are ill-prepared for conventional life and struggle to adapt.

Special Problems of Female Inmates

  • Women face unique challenges, including drug dependence and lack of support.

Effect on Communities

  • Reentering inmates strain communities, especially those with existing disadvantages.

Improving Chances on Reentry

  • Governments are working to improve reentry success.

  • Federal initiatives include the Second Chance Act and Release Preparation Program.

State-Level Initiatives

  • Include offender notification forums, reentry courts, and community-based interventions.

Legal Restrictions

  • Ex-inmates face legal restrictions affecting employment, licensing, and civic participation.