Chapter 11 Flashcards
(13 cards)
Reentry preparations
- > 95% incarcerated prisoners return to their communities
- 80% remain under community supervision
- 20% serve their entire sentence behind bars
reentry makes incarcerated into law abiding citizens from parole officers and community
Reentry issues
recently released offenders often indigent, but still need ID, clothes, bus pass, 1/3 need meds, need to make appointments for offender rather than giving list referrals, offenders may need help to find and maintain employment, housing, and drug cleaned, women need assistance w/education, child support, abuse protection, and family reunification, positive support system is key
Loss of right to vote
only Maine and Vermont permit incarcerated to vote, some others allow probationers and parolees, felons get right to vote 2 full years after a complete sentence, parole included, felons also can’t have firearms or ammunition, including those convicted of domestic violence
Losses and consequences from felons
- government benefits from drug offenders
- social security, unemployment, and welfare
- financial aid if in college
- no welfare and public housing
- no parental rights
- no jury duty or witness in court (except for 4 states)
Equal opportunity commission policy
passed in 2012, states that criminal records may be used during the hiring process, but employers can’t use blanket exclusion policy on all felons who apply, employers must look at factors: nature of offense, time passed since offense, and attempt at rehabilitation, can ask about criminal history, felons can be limited by occupational required licensing
4 basic functions made by parole board
- if individual prisoners can be released
- if there are any special conditions of parole supervision
- successfully discharge parolee when conditions are met
- if parole privileges should be revoked of if they should be violated
Parole hearing
once prisoner can be released, they have to go to a parole hearing date, parole board has complete access to offender’s files and records, summary report completed by institutional case manager, some hearings examiners scrutinize case file w/o an interview w/offender, others have access to both
Purpose of parole board hearings
- resolve inconsistencies in available information from offender of their family, friends, the victim, or others involved
- review institutional programming participation & institutional conduct
- consider offender’s motivation for parole
- consider input from victim & other parties involved
these hearing are usually in person, online video, or review of file
Parole hearing attendees
each state varies on who can attend and how it’s conveyed: in person, written correspondence, telephone, videotape, some states allow offender’s family to attend, but can’t permit representation for them, victim impact statement is included, mentions how crime has taken a mental and physical toll, & financially and psychologically for their family
Parole board decision: 4 factors
- current offense seriousness
- parole/reentry risk score
- time served on current sentence
- victim’s input, then offender’s family, then input from police officer or attorney
3 options for outcome made by parole board
- parole - schedule conditioning release before expiration of maximum term of imprisonment
- no parole - still in prison
- defer to later date - board delays their decision until a later time
Legal issues in parole hearings
- parole is a privilege, not a right
- Greenholtz vs. Nebraska Penal & Correctional Complex - states that some due processes were available in parole granting processes, required notice of 1 month in advance of future parole hearing, must present evidence in support of their parole, if denied, must give reasons
Parole/Reentry was a guessing game before risk assessments
- guesswork resulted in poor decisions, often led to bad outcome
- Federal Parole Commission didn’t have assessment instruments until after 1970
- when situations are evaluated ineffectively before made decisions = parole & reentry dead whale, DANGEROUS
