Parole&Release-26

Parole & Reintegration

Course Information

  • Course Title: AUCRI/IDS 160: Crime, Community & Corrections
  • Instructor: Dr. Geraint Osborne
  • Department: Law, Crime & Justice
  • Institution: Augustana Campus, University of Alberta

Lecture Outline

  1. Parole
       - Definition of Parole
  2. Reintegration
       - What is a release plan?
       - What are the pains of re-entry?
  3. Parole Boards
       - What are the challenges of parole boards?
       - What are the strengths of parole boards?
       - What are the limitations of parole boards?
  4. Alternatives
       - What are the alternatives to prison?

Readings

  • Primary Text: Ruddell Ch. 10

Parole

  • Definition: A form of conditional release granted by the Parole Board of Canada as part of an offender’s sentence.
  • Involves:
      - An initial period of incarceration followed by supervised release into the community.
      - Supervision by a parole officer from Correctional Service Canada.
      - Adherence to specific conditions set forth upon release.
  • Consequences of Violation: If conditions are violated, it can result in suspension of parole and return to custody.

Realities of Parole

  • Distinct Forms: Parole and probation are distinct types of community supervision.
  • Sentence Implications: Parole does not shorten the original court-imposed sentence.
  • Discretionary Nature: Parole is granted at the discretion of the Parole Board; it is not automatically granted.
  • Comparison with Statutory Release: Parole is distinct from statutory release, which is legislatively mandated and occurs typically at two-thirds of the sentence.
  • Ongoing Supervision: Offenders on parole or statutory release remain under strict conditions and supervision throughout.
  • Substantial Nature of Parole: Parole is not a 'soft' option; it is structured, conditional, and managed for risk.

Public Perception

  • Media Focus: There is often a focus on “failures” related to parole.
  • Benefits of Parole:
      - Provides a gradual release process from prison with support to facilitate successful reintegration, which can lead to reduced recidivism and alleviation of the “pains of re-entry.”

Conditional Release Explained

  • Definition of Conditional Release: Leaving prison before the warrant expiry (end of the sentence).
  • General Data: Most offenders will return to the community under some type of conditional release, with provincial and federal differences.
  • Types of Conditional Release:
      - Parole: A form of conditional release.
      - Statutory Release: Inmates may be released after serving two-thirds of their sentence.
      - Temporary Release: This includes escorted absences.
      - Day Parole: Available after serving one-sixth of their sentence.
      - Full Parole: Available at the one-third mark of a sentence, contingent on prior success with day parole.

Release Plans

  • Components of a Release Plan:
      - Residential, educational, employment, and treatment arrangements.
      - Example: Halfway houses serve to aid reintegration and minimize the “pains of re-entry.”

Pains of Re-entry

  • Definition of Pains of Re-entry: Challenges faced by offenders reintegrating into society after release which includes:
      - Employment: Considered the most critical obstacle.
      - Housing: Difficulty finding stable and permanent residences.
      - Healthcare: Accessing healthcare services can be complicated.
      - Reconnecting with Family: Strained family dynamics may hinder reintegration.
      - Adjusting to Freedom: Adapting to life outside of prison confinement.
      - Dealing with Stigma: Facing societal stigma associated with being an ex-convict, which can be referred to as ex-con master status.

Status Restoration Process

  • Description: This process is distinct from degradation ceremonies, characterized by:
      - Being less public and less ritualized.
      - Being less socially accepted compared with other forms of status restoration.

Assessment Considerations for Parole

  • Factors Considered:
      - Feasibility of the release plan, including available community resources and supervision capacity.
      - Inmate’s correctional history examined alongside third-party reports, such as victim impact statements.
  • Presentation to the Parole Board: Release plans are subsequently taken before the Parole Board for decision-making.
  • Parole Applicants Information: Important details regarding the parole application process are provided for potential applicants.

Challenges Facing Parole Boards

1. Decision-Making Capacity
  • Expertise Variance: There are variable levels of expertise and training among board members.
  • Reliance on Discretion: Significant dependence on discretion when interpreting case information, leading to potential ambiguity in assessing release plans.
2. Lack of Clear Standards
  • Definition Criteria: There is an absence of consistently defined criteria for release decisions.
  • Judgment Variability: Outcomes may differ significantly based on individual judgment of board members.
3. Inequality and Disparities
  • Disparities in Treatment: Evidence indicates lower parole grant rates for Indigenous offenders, raising concerns of systemic bias and fairness in the parole system.
4. Limited Feedback and Accountability
  • Outcome Transparency: There is a lack of feedback regarding the outcomes of parole decisions, which affects accountability.
  • Performance Reporting: Minimal available data on offenders' performance while under supervision and post-sentence completion.

Strengths of Parole Boards

  • Public Safety Protection: Parole can enhance public safety through structured risk assessments.
  • Evidence-Based Practices: Utilization of evidence-based tools alongside professional judgment contributes to informed decision-making.
  • Supervised Reintegration: Facilitation of a gradual, supervised reintegration process into the community.
  • Rehabilitation Incentives: Parole encourages rehabilitation and compliance while incarcerated.
  • Reduced Incarceration Reliance: Reduces unnecessary reliance on full-sentence incarceration.

Critiques of Parole Boards

  • Risk-Averse Decision-Making: This may lead to overly cautious denials of parole applications.
  • Uncertain Predictions: The uncertainty surrounding risk assessments can limit their effectiveness.
  • Potential Bias: There is a concern regarding systemic bias affecting Indigenous and racialized individuals.
  • Inconsistency: Variation in decision-making processes across different board members.
  • File-Based Decisions: Over-reliance on file-based information instead of direct interaction with offenders during assessments.
  • Influence of Public Pressure: Parole board decisions can be swayed by political and public pressure, affecting objectivity.

Alternatives to Incarceration

  • Diversion: Implementing alternative measures that can divert potential offenders from entering the justice system.
  • Transcarceration: Assessing different custodial institutions for better outcomes.
  • Decarceration: Emphasizing non-custodial sentences to reduce incarceration numbers.

Prison System Perspectives

  • Front-End Avoidance: Strategies aimed at avoiding entry into the justice system initially.
  • System-Wide Reduction: Efforts focused on resulting in a system-wide reduction in imprisonment rates.
  • Control Movement Across Institutions: Not necessarily a reduction in control