Prison: Paroll and Mandatory Release

Prison: Parole and Mandatory Release

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Class

April 8, 2013

Teacher

Checkpoint: What is parole? How does parole differ from mandatory release? Describe current parole and mandatory release policies. Is there a better solution to the process?

Parole is a system of release for prisoners within the prison system and was "created as a reaction against the penitentiary and the determinate sentence" (Foster, 2006). There are three specific methods of release under the parole system - discretionary, mandatory, and medical. These parole methods provide early for inmates through parole board review (discretionary), good time credits (mandatory), or due to a severe medical condition (medical).

Originally, the most common form of parole was discretionary parole which was conducted under individual inmate review conducted by a parole board. The decision for release was contingent upon board approval and was a conditional release in which a parolee must follow certain guidelines upon release or be returned to prison to serve his/her full term through parole revocation. This method was replaced by a system of mandatory release due to perceptions of bias by parole board members, ineffectual reformation through parole, and social outcry for early release based on discretion and not court mandate.

Mandatory release requires that an inmate serves eighty-five percent of his/her sentence prior to release eligibility. The inmate earns 'good time' credits through good behavior, participation in rehabilitation programs, and other self-building activities. These credits are calculated against an inmate's sentence and a release date is then determined which is not to exceed fifteen percent of actual time served in prison. Mandatory release may also have a conditional release that was imposed at the time of sentencing by the court. If the parolee violates the condition of release, he/she will be returned to serve the remainder of their sentence.

There is an exception of mandatory release in regards to certain sex offenders and violent crimes in which they may not be eligible for good time credits. In these cases, offenders will be released due to expiration of sentence - time served. Some offenders within federal institutions may also have extended periods of supervision regardless of release method due to type or severity of offense such as sex offences or heinous felonies which may result in supervision for their lifetime.

Currently, the system of release used within the prison system is the mandatory parole system which was in full effect in approximately 2000. Inmates incarcerated prior to this date are still under the former system of discretionary parole - these are most commonly "older inmates serving life sentences" (Foster, 2006). Federal institutions are operate entirely under the mandatory parole system and release parolees