Course Title: AUCRI/IDS 160: Crime, Community & Corrections
Instructor: Dr. Geraint Osborne
Department: Law, Crime & Justice
Institution: Augustana Campus, University of Alberta
Lecture Outline
Parole
- Definition of Parole
Reintegration
- What is a release plan?
- What are the pains of re-entry?
Parole Boards
- What are the challenges of parole boards?
- What are the strengths of parole boards?
- What are the limitations of parole boards?
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