Chp 16: Reentry into the Community

Which is not an example of a civil disability that can be placed on an ex-felon?

Forfeiture of all constitutional rights

five basic mechanisms for people to be released from prison:

(1)discretionary release, (2)mandatory release, (3)probation release, (4)other conditional release, (5)expiration release.

Pardons serve three main purposes:

(1)to remedy a miscarriage of justice, (2)to remove the stigma of a conviction, and (3)to mitigate a penalty.

In what countries did the concept of parole first develop?

1) England, Australia, Ireland.

What two conditions can result in the revocation of parole?

(1) Arrest for a new crime; (2) technical violation of one or more of the conditions of parole.

What is a civil disability? Give three examples.

1) Ex-felons may be required to forfeit certain civil rights such as the right to vote, to serve on juries, and to hold public office 2) Ex-felons are restricted from certain types of employment as well.

There is little interest in programs and assistance to help offenders reenter society effectively.

-false

Research by the Pew Center found that, nationwide, about of offenders are reimprisoned within three years of release.

1) 40 percent

the average aggravated assault offender is given a term of

1) 54 months but serves 66 percent of the term, 36 months.

the average robbery offender is given a term of

1) 91 months and serves 58 percent of the term before being released after 53 months

tickets of leave

1) A system of conditional release from prison, devised by Captain Alexander Maconochie and first developed in Ireland by Sir Walter Crofton. 2) Sir Walter Crofton.

What does the U.S. Supreme Court require during the revocation process?

1) A two-step hearing process. 2)The first stage determines if there is probable cause to believe the conditions of parole have been violated. 3) In the second stage, a decision is made as to whether the violation is severe enough to warrant a return to prison.

pardon

1) An action of the executive branch of state or federal government excluding the offense and absolving the offender from the consequences of the crime. 2) known as the "royal prerogative of mercy" in England. 3) power rests in the hands of the governor or president to make individual decisions, often based on advice from a pardon commission or an agency within the attorney general's office, which 3) may occur either before a case is prosecuted or after a guilty verdict. 4) is to erase the criminal records of first-time offenders—often young people

What were the contributions of Alexander Maconochie and Sir Walter Crofton?

1) Captain Alexander Maconochie developed a classification procedure through which prisoners could get increasing responsibility and freedom. Sir Walter Crofton linked Maconochie's idea of an offender's progress in prison to the ticket of leave and supervision in the community.

conditions of release

1) Conduct restrictions that parolees must follow as a legally binding requirement of being released. 2) designed to aid their readjustment to society and control their movement. 3)parolee may be required to abstain from alcohol, keep away from undesirable associates, maintain good work habits, and not leave the state without permission.

Prison Litigation Reform Act of 1996

1) Congress had attempted to limit the ability of judges to order the release of prisoners by mandating that any such decisions be made by three-judge panels rather than by a single judge 2) Because most states are presently seeking ways to save money by reducing the numbers in prison, the prospect for more litigation affecting releases seems unlikely during the current era.

Release and Supervision

1) Except for the 7 percent of offenders who die in prison, all inmates will eventually be released to live in the community 2) Currently, about 77 percent of felons will be released on parole and will remain under correctional supervision for a specific period of time 3) 19 percent are released at the expiration of their sentence, having "maxed out," and are free to live in the community without supervision.

What are some of the major problems faced by parolees?

1) Finding housing and employment, having a shortage of money, and reestablishing relationships with family and friends.

Release Mechanisms

1) From 1920 to 1973 there was a nationwide sentencing and release policy 2) During this period, all states and the federal government used indeterminate sentencing

What are "sexual offender notification laws"?

1) Laws requiring that the public be notified of the whereabouts of potentially dangerous sex offenders.

civil disabilities

1) Legal restrictions that prevent released felons from voting, serving on juries, and holding public office. 2) include loss of the right to vote and to hold public office. 3) Voting may be the most notable civil disability of ex-prisoners, but other legal barriers directly affect those trying to make it in free society after a term in prison. 4) upon fulfilling the penalty imposed for a crime, the former offender should be assisted to full reintegration into society

What are some of the rules most parolees must follow while under supervision in the community?

1) Make required reports to the parole officer, do not leave the state without permission, do not use alcohol or drugs, maintain employment, attend required treatment programs.

The Origins of Parole

1) Parole in the United States evolved during the nineteenth century from the English, Australian, and Irish practices of conditional pardon 2) apprenticeship by indenture, transportation of criminals from one country to another, and the issuance of tickets of leave. 3)were all methods of moving criminals out of prison as a response to overcrowding, labor shortages, and the cost of incarceration.

How does parole release influence the rest of the criminal justice system?

1) Parole release affects sentencing, plea bargaining, and the size of prison populations.

Parole Supervision in the Community

1) Parolees are released from prison on condition that they abide by laws and follow rules, known as conditions of release , designed to aid their readjustment to society and control their movement 2)Most offenders coming out of prison are placed under parole supervision. 3)Over one-quarter of offenders are released unconditionally without any parole supervision 4)Although a promised job is often a condition for release, an actual job may be another matter 5)African American, male, and younger than 30, he belongs to the largest category of unemployed workers in the country

Prisoner Reentry

1) Prisoner reentry has become an important public issue 2)described as a "transient state between liberty and recommitment" 3) limited period of supervision whereby an offender coming out of prison either moves to full liberty in the community or returns to prison for committing a new crime or violating the terms of parole 4) about half will return to prison 5) 30 percent of prisoners released to parole were incarcerated for a drug offense—up from 12 percent in 1985.

Community Programs following Release

1) Some help prepare offenders for release while they are still in prison; 2) others provide employment and housing assistance after release. 3) the programs are intended to help the offender progress steadily toward reintegration into the community 4) three are especially important: work and educational release, furloughs, and residential programs. 5) each offers a specific approach to helping formerly incarcerated individuals reenter the community.

The Parole Board Process

1) State parole boards are typically composed of citizens who are appointed by the governor for fixed terms. 2)are often described as though these governor appointees assemble together in the same room as they question and listen to the parole-eligible prisoner and hear arguments from the prisoner's attorney. 3)By using only a portion of the parole board for interviews and hearings, states can conduct many interviews and hearings simultaneously 4) Parole board hearings and interviews are much less formal than court proceedings

What are the major tasks of parole officers?

1) Surveillance and assistance.

Institutional Reentry Preparation Programs

1) The Revolving Door of America's Prisons, which noted that nationwide, a consistent percentage of offenders—40 percent—was reimprisoned within three years of release. -remained steady throughout the study period of 1999-2007 2)assist offenders with the transition back to society 3)are often in special facilities and involve spending a specific period of months in the programs just prior to release 4)depends not merely on gaining employment, but also on having sufficient knowledge about finances and asset management to use money wisely for expenses and family responsibilities 5) budget pressures have led to a reduction in reentry programs.

work and educational release

1) The daytime release of inmates from correctional institutions so they can work or attend school. 2) justifiable in terms of rehabilitation, many correctional administrators and legislators also like them because they cost relatively little. 3) In some states a portion of the inmate's earnings from work outside may be deducted for room and board 4) they allegedly take jobs from free citizens, a complaint often given by organized labor.

Revocation of Parole

1) The public tends to view the high number of revocations as a failure of parole.

What purposes does pardoning serve?

1) To remedy a miscarriage of justice, to remove the stigma of a conviction, to mitigate a penalty.

What are three programs designed to ease the reentry of offenders into the community?

1) Work and educational release programs, furlough programs, and halfway houses.

sentence commutations

1) a form of pardon that shortens prison sentences or moves a condemned murderer from death row to a life sentence in prison 2)

expungement

1) a process through which an individual's criminal records are erased from public records. 2) One way that offenders avoid the consequences of civil disabilities is through expungement 3) This process is often focused on youthful offenders who commit nonviolent offenses in their teens or early twenties. 4) frequently a judicial decision and they only occur after there has been a criminal conviction. 5) will permit the individual to treat the conviction as if it never occurred, although the record may remain available to police officials.

Under Morrissey v. Brewer, if a parole officer alleges that a technical violation occurred

1) a two-step revocation proceeding is required

Captain Alexander Maconochie

1) administrator of British penal colonies in Tasmania and elsewhere in the South Pacific 2) devised a system of rewards for good conduct, labor, and study. 3) this procedure assumed that prisoners should be prepared gradually for release 4)The roots of the American system of parole can be seen in the transition from imprisonment to conditional release to full freedom. 4) idea of requiring prisoners to earn their early release caught on first in Ireland

invisible punishments

1) affect parolees regardless of whether an ex-convict successfully obtains steady employment, raises a family, and contributes time to community organizations.

pre-adjudication programs

1) an offender is found guilty but can avoid a formal conviction by participating in conditional programming, 2) such as job training, educational programs, or drug treatment

1) Jeremy Travis and Joan Petersilia

1) beginning in the 1970s, the power of parole boards to decide whether a prisoner was "ready" to be released was abolished in mandatory release states and severely restricted in discretionary release states. 2) the profile of returning prisoners has changed in ways that pose new challenges to successful reentry.

Discretionary Release

1) by the parole board within the boundaries set by the sentence and the penal law 2)The release of an inmate from prison to conditional supervision at the discretion of the parole board, within the boundaries set by the sentence and the penal law. 3) lets the parole board assess the prisoner's readiness for release within the minimum and maximum terms of the sentence 4) In reviewing the prisoner's file and asking questions, the parole board focuses on the nature of the offense, the inmate's behavior, and his or her participation in rehabilitation programs. 5)Currently, some states are looking to increase discretionary releases as a means to cut budgets by reducing prison populations 6) is the release of an inmate from incarceration to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law 7) an administrative body—the parole board—can shorten a sentence imposed by a judge. 8) ordinarily determined by the minimum term of the sentence minus good time and jail time. 9)mitigates the harshness of the penal code 10) important tool for reducing prison populations in states with overcrowded prisons and budget deficit

Good time

1) can reduce punishment even if there is no parole eligibility

Michael is being released on parole. The government has entered into an agreement with him whereby he promises to abide by certain conditions in exchange for being released. This represents the concept of parole.

1) contract

The governor's specific objection to the provision related to reentry

1) county jails do not offer the same extensive reentry programs as the state department of corrections

the parole system in New York

1) did not require supervision by the police. 2) volunteers from citizens' reform groups assisted with the parolee's reintegration into society 3) After New York adopted indeterminate sentences in 1876, Brockway started to release prisoners on parole.

The release of an inmate from prison to conditional supervision at the direction of the parole board, within the boundaries set by the sentence and the penal law, is called release.

1) discretionary

Impact of Release Mechanisms

1) do more than simply determine the date at which a particular prisoner will be sent back into the community. 2) Parole release has an impact on sentencing, plea bargaining, and the size of prison populations. 3) up to 60 percent of felons sentenced to prison are released to the community after their first appearance before a parole board. 4) on a national basis felony inmates serve an average of two years and three months before release.

Morris, now 32, was convicted of a felony in his early teens. Since he successfully completed probation and has since had no contact with the criminal justice system, he has applied for , a process through which an individual's criminal records are erased from public records.

1) expungement

The temporary release of an inmate from a correctional institution for a brief period, usually one to three days, for a visit home is called .

1) furlough

The is a transitional facility for soon-to-be-released inmates that connects them to community services, resources, and support.

1) halfway house

Parole Officer: Cop or Social Worker?

1) has the dual responsibility of providing surveillance and assistance. 2) shifted ever more toward surveillance, drug testing, monitoring curfews, and collecting restitution. 3) Community safety and security have become major issues in parole services.

Expiration Release

1) increasing percentage of prisoners receive an expiration release 2)The release of an inmate from incarceration, without any further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense. 3) These inmates are released from any further correctional supervision and cannot be returned to prison for their current offense 4)Such offenders have served the maximum court sentence, minus good time—they have "maxed out."

Work and Educational Release

1) inmates are released from correctional institutions during the day to work or attend school, were 2) first established in Vermont in 1906.

Halfway Houses

1) is a transitional facility for soon-to-be-released inmates that connects them to community services, resources, and support 2) A correctional facility housing convicted felons who spend a portion of their day at work in the community but reside in the halfway house during nonworking hours. 3) felons work in the community but reside in the halfway house during nonworking hours. 4) designed to deal with alcohol, drug, or mental problems.

Parole

1) is the conditional release of an offender from incarceration but not from the legal custody of the state 2)The conditional release of an inmate from incarceration under supervision after a part of the prison sentence has been served. 3)offenders who comply with parole conditions and do not violate the law receive an absolute discharge from supervision at the end of their sentences. 4)can be revoked and the person returned to a correctional facility. 5)Only felons are released on parole 6)over 800,000 people are under parole supervision, a threefold increase since 1985

Public Opinion

1) it becomes nearly impossible for these offenders to reintegrate successfully into society 2) The most serious unintended consequences of these laws occur in incidents when parolees have been "hounded" from communities.

Michigan's commitment to reentry strategies include .

1) mandating quicker reviews by the parole board for prisoners recommended for early release due to their medical conditions

At Michigan's Detroit Reentry Center

1) many prerelease offenders spend time preparing for parole at a low-security facility only a few minutes from downtown Detroit 2)attend sessions that include reading skills and training for jobs in food service and as porters 3)men at this facility have access to health care through a local hospital 4)mandating quicker reviews by the parole board for prisoners recommended for early release due to their medical conditions

postconviction pardon

1) may not enable a person to treat a criminal conviction as if it never occurred when responding to a question about his or her criminal history in a job interview.

The Parole Officer as Social Worker

1) must act as social workers by helping the parolee find a job and restore family ties. 2) Officers channel parolees to social agencies, such as psychiatric, drug, and alcohol clinics, where they can obtain support services 3) As caseworkers, officers work to develop a relationship that allows parolees to confide their frustrations and concerns

Mandatory Release

1) occurs after an inmate has served time equal to the total sentence minus good time, if any, or to a certain percentage of the total sentence as specified by law. 2)The required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate-sentencing law or parole guidelines. 3)is a matter of bookkeeping to check the correct amount of good time and other credits and to make sure the sentence has been accurately interpreted. 4) The prisoner is conditionally released to parole supervision for the rest of the sentence 5)All other prisoners—except those on death row or serving life without parole—received mandatory release to parole after serving their determinate sentences.

Probation Release

1) occurs when a sentencing judge requires a period of postcustody supervision in the community. 2)The release of an inmate from incarceration to probation supervision, as required by the sentencing judge. 3) is often tied to shock incarceration, a practice in which first-time offenders are sentenced to a short period in jail ("the shock") 4) Since 2000, releases to probation have increased from 6 percent to 10 percent.

pardons for miscarriages

1) of justice are rare 2) from time to time society hears the story of some individual who has been released from prison after the discovery that he or she was incarcerated by mistake.

The Development of Parole in the United States

1) parole developed during the prison reform movement of the latter half of the nineteenth century. 2) Under the new sentencing law, prisoners could be released when their conduct showed they were ready to return to society. 3) 70 percent of offenders are released from prison conditionally, before the end of their formal sentence

1) The Future of Prisoner Reentry

1) parole has been under attack as a symbol of leniency whereby criminals are "let out" early 2) The public typically believes that all offenders should serve their full sentences. 3) a large percentage of respondents in the survey believe that reentry planning should be a component of imprisonment from the very beginning of the incarceration sentence.

The Parole Bureaucracy

1) parole officers have smaller caseloads than do probation officers, parolees require more-extensive services. 2) parolees, by the very fact of their incarceration, have generally committed much more serious crimes. 3) parolees must make a difficult transition from the highly structured prison environment to a society in which they have previously failed to live as law-abiding citizens. 4) The parole officer works within a bureaucratic environment. 5) parole agencies are short on resources and expertise 6) As the officer gains greater confidence in the parolee, the level of supervision can be adjusted to "active" or "reduced" surveillance.

The Parole Officer as Cop

1) parole officers have the power to restrict many aspects of the parolee's life, to enforce the conditions of release, and to initiate revocation proceedings if parole conditions are violated. 2) has extensive discretion in low-visibility situations 3) have the authority to search the parolee's house without warning, to arrest him or her without the possibility of bail for suspected violations, and to suspend parole pending a hearing before the board. 4) authoritarian component of the parole officer's role can give the ex-offender a sense of insecurity and hamper the development of mutual trust. 5) granted law enforcement powers so as to protect the community from offenders who are coming out of prison.

the Huber Act

1) passed by the Wisconsin legislature in 1913 2) usually cited as the model on which such programs are based 3) By 1972, most states and the federal government had instituted these programs, 4) yet in 2002 only one-third of prisons operated them for fewer than 3 percent of U.S. inmates

Other Conditional Release

1) place offenders back into the community through furloughs, home supervision, halfway houses, emergency release, and other programs 2)A term used in some states to avoid the rigidity of mandatory release by placing convicts under supervision in various community settings. 3)also avoid the appearance of the politically sensitive label "discretionary parole."

The Pew Center report

1) pointed out that the recidivism rate actually varied by state and that some individual states had seen declines in recidivism even as the national rate hovered at the same level. 2) recommendations was "begin preparation for release at time of prison admission"

certificates of recovery

1) provide ex-inmates with a certificate for completing certain rehabilitative programs. 2) can be shown to employers as evidence that the ex-inmate has willingness to improve

"Intensive Detention Reentry Program"

1) rents space for 100 parole violators in one county jail where offenders are placed for periods of up to 45 days in response to parole violations or arrests for misdemeanors and non-assaultive felonies.

victims' rights laws

1) require officials to keep victims informed of offenders' upcoming parole consideration and to invite victims to provide input in the process.

The Second Chance Act of 2007

1) signed into law by President Bush on April 9, 2008, was designed to ensure the safe and successful return of prisoners to the community 2)provides federal grants to states and communities to support reentry initiatives focused on employment, housing, substance abuse and mental health treatment, and children and family services

Contemporary Budget Cuts and Prisoner Release

1) states and counties paying as much as $33,000 or more annually to cover the costs of holding each prisoner in a secure facility 2)gave consideration to greater utilization of probation and community corrections for nonviolent and drug offenders. 3)accelerating the release into the community of nondangerous offenders and those nearing the completion of their sentences 4)reductions enabled the state to save money by closing several prisons. 5)the state's reduction of the prison population created substantial financial savings for corrections expenditures 6) budget difficulties that lead to cuts in reentry programs and thereby diminish the state's ability to prepare offenders to effectively reintegrate into the community

Morrissey v. Brewer (1972)

1) that if the parole officer alleges that a technical violation occurred, a two-step revocation proceeding is required. 2) a hearing determines whether there is probable cause to believe the conditions have been violated. 3) The parolee has the right to be notified of the charges, to be informed of the evidence, to be heard, to present witnesses, and to confront the witnesses. 4) In the second stage, the parole authority decides if the violation is severe enough to warrant return to prison.

Brown v. Plata (2011)

1) the Supreme Court decided with respect to overcrowding and the lack of medical services in California's prisons

General Adjustments

1) the ex-offender moves from the highly structured, authoritarian life of the institution into a world that is filled with temptations and complicated problems 2) simple tasks, such as going to the store for groceries, are expected to assume pressing, complex responsibilities 3) The expectations, norms, and social relations in the free world are very different from those learned in prison.

Furloughs

1) the temporary release of an inmate from a correctional institution for a visit home 2) brief period, usually one to three days 3) help maintain family ties and prepare inmates for release on parole. 4) the inmate can renew family ties and relieve the tensions of confinement.

What problems interfere with offenders' reentry into society after imprisonment?

1)Ex-offenders often have significant personal problems, such as substance abuse, as well as a lack of job skills, job experience, and the necessary knowledge and habits to succeed in the workplace and function in a free society. 2)Their criminal records will also create barriers to being hired in many jobs. In addition, budget cuts have reduced programs designed to help facilitate reentry.

Who participates in the parole hearing process?

1)States use different processes for parole considerations, sometimes hearings with two or three board members, possibly including a civil servant professional (deputy commissioner) and sometimes just an interview by one board member. 2) The prisoner participates, and there can be input in some form from victims who want to express themselves. 3) There may be family members or other representatives of the prisoner who offer their opinions. 4)In some states, the prisoners may be represented by attorneys, and prosecutors may also participate.

Sir Walter Crofton

1)built on Maconochie's idea that an offender's progress in prison and a ticket of leave were linked. 2)Prisoners who graduated through Crofton's three successive levels of treatment were released on parole under a series of conditions. 3) Most significant was the requirement that parolees submit monthly reports to the police 4)ticket and leave

The Duvall Residential Center

1)is relatively small—only 350 prisoners nearing their release date—and 2)focuses on providing a range of programs that cover job readiness, business ownership, fatherhood, conflict resolution, financial knowledge, substance abuse treatment, and other concrete subjects

Custody

Even though the offender is released from prison, he or she is still under supervision by the government. Parole is an extension of correctional programs into the community.

States retaining indeterminate sentences allow _____ release by the parole board within the boundaries set by the sentence and the penal law.

discretionary

Which is not a function of the parole officer as social worker?

Lead prayer meetings and church socials

The U.S. Supreme Court ruled in _____ that if a parole officer alleges that a technical violation occurred, a two-step revocation proceeding is required.

Morrissey v. Brewer (1972)

The parole board has decided to release Beth after eight years of incarceration. She is to obtain gainful employment, submit to weekly drug testing, and notify her parole officer if she is planning to leave the state for any amount of time. These are the conditions of her ________ ________.

discretionary release.

According to Travis and Petersilia, which is not a factor that contributes to the reentry problem?

Reduced powers of parole boards

Which of the following is an example of an institutional reentry preparation program?

Reentry institution

A major criticism of discretionary release is that it shifts responsibility for many primary criminal justice decisions to an administrative board that holds legal procedures uppermost.

false

Discretionary release is sometimes criticized for following judicial recommendations too closely.

false

The Second Chance Act, signed into law by George W. Bush, authorizes states to punish parole offenders more harshly.

false

Contract

The government enters into an agreement with the prisoner whereby the prisoner promises to abide by certain conditions in exchange for being released.

Grace

The prisoner could be kept incarcerated, but the government extends the privilege of release.

Approximately _______ of offenders leaving prison will return to prison at a later time.

half

Up to 90% of released offenders do not participate in transitional programs because most

cannot access them.

_______ became known as the "royal prerogative of mercy" in England.

pardon

Which is not one of the three concepts on which parole rests?

punishment

Parolees who behave according to their conditions of release may be adjusted to _________ surveillance.

restorative

___________ were developed by the reformer Captain Alexander Maconochie.

tickets of leave

A parolee can be prevented from working as a bartender by a parole officer.

true

In some cases, individuals on the sex offender registry have committed very low-level offenses.

true

Most people believe that parolees who fail a drug test should be sent back to prison.

true

Parole officers have the power to enforce conditions of release.

true

The construction of a halfway house would generally be

unwelcome in any community