Parole

For other uses, see Parole (disambiguation).

Criminal procedure
Criminal trials and convictions
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Verdict
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Sentencing
Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite
Post-sentencing
Parole · Probation Tariff6 · Life licence6 Miscarriage of justice Exoneration · Pardon Sexually violent predator legislation1
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
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1 US courts. 2 Not in English/Welsh courts. 3 Scottish courts. 4 English/Welsh courts. 5 Canadian courts. 6 UK courts.
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Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole (“voice”, “spoken word”). Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their word of honor to abide by certain restrictions. One proposed reform is that parole bonds be used to encourage defendants not to re-offend.^[1] Parole should not be confused with probation, as parole is serving the remainder of a sentence outside of prison, where probation is given instead of a prison sentence and as such, tends to place more rigid obligations upon the individual serving the term.

Criminal justice

In criminal justice systems, parole is the supervised release of a prisoner before the completion of their sentence in prison. This differs from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. A specific type of parole is medical parole or compassionate release which is the release of prisoners on medical or humanitarian grounds. Conditions of parole often include things such as obeying the law, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer. Some justice systems, such as the United States federal system, place defendants on supervised release after serving their entire prison sentence; this is not the same as parole. In Colorado, parole is an additional punishment after the entire prison sentence is served - it is called 'mandatory parole', per §18-1.3-401(1)(a)(V)(B).

Difference between parole and mandatory supervision

Some states in the US have what is known as "mandatory supervision," whereby an inmate is released prior to the completion of their sentence due to legal technicalities which oblige the offender justice system to free them. In some states such as Texas, inmates are compensated with "good time," which is counted towards time served. For example, if an inmate served five years of a ten year prison term, and also had five years of "good time," they will have completed their sentence "on paper," obliging the state to release them. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for it or does not. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released.

Early history of parole

Alexander Maconochie, a Scottish geographer and captain in the British Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the English penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned through good behavior, labor, and study. The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and starting all over again through the ranks of the three grade process.^[2]

China

In China, prisoners are often granted medical parole or compassionate release, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Occasionally, medical parole is used as a no-publicity way of releasing an accidentally imprisoned convict.^[3][4]

The Chinese legal code has no explicit provision for exile, but often a dissident is released on the grounds that they need to be treated for a medical condition in another country, and with the understanding that they will be reincarcerated if they return to China. Dissidents who have been released on medical parole include Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.

Italy

Main article: Libertà condizionata

Libertà condizionata is covered by Article 176 of the Italian Penal Code. A prisoner is eligible if he has served at least 30 months (or 26 years for life sentences), and the time remaining on his sentence is less than half the total (normally), a quarter of the total (if previously convicted or never convicted) or five years (for sentences greater than 7.5 years). In 2006, 21 inmates were granted libertà condizionata.^{[citation needed]}

New Zealand

In New Zealand, inmates serving a short term sentence (of up to 2 years) are automatically released after serving half their sentence, and there is no parole hearing. Inmates serving sentences of more than 2 years are normally seen before the parole board after serving one-third of the sentence, although the judge at sentencing can make an order for a minimum non-parole period of up to two-thirds of the sentence. Inmates serving life sentences usually serve a minimum of 10 years, or longer depending on the minimum non-parole period, before being eligible for parole.^[5] It should be noted, however, that parole is not an automatic right, and for the year ending 30 June 2010 more than 70% of parole hearings were declined.^[6] Many sentences include a specific non-parole period.

United States

Early history

Penologist Zebulon Brockway first introduced parole when he became superintendent of Elmira Reformatory in New York state. In order to manage prison populations and rehabilitate those incarcerated he instituted a two part strategy that consisted of indeterminate sentences and parole releases.^[7]

Modern history

In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. This is often done by specifying an indeterminate sentence of, say, "15 to 25 years," or "15 years to life". The latter type is known as an indeterminate life sentence; in contrast, a sentence of "life without the possibility of parole" is known as a determinate life sentence.^[8]

In most states, the decision of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as Social Security if the prisoner is old enough to qualify). Many states now permit sentences of life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoner not sentenced to either this or the death penalty will eventually have the right to petition for release (one state – Alaska – maintains neither the death penalty nor life imprisonment without parole as sentencing options).

Before being granted the privilege of parole, the inmate meets with members of the parole board and is interviewed, The parolee also has a psychological exam. The inmate must first agree to abide by the conditions of parole set by the paroling authority. While in prison, the inmate signs a parole certificate or contract. On this contract are the conditions that the inmate must follow. These conditions usually require the parolee to meet regularly with his or her parole officer or community corrections agent, who assesses the behavior and adjustment of the parolee and determines whether the parolee is violating any of his or her terms of release (typically these include being at home during certain hours which is called a curfew, maintaining steady employment, not absconding, refraining from illicit drug use and sometimes, abstaining from alcohol), attend drug or alcohol counseling, have no contact with their victim. The inmate gives an address which is verified by parole officers as valid before inmate is released on to parole supervision.

Upon release, the parolee goes to a parole office and is assigned a parole officer. Parole officers go to parolees' houses or apartments to check on them as unannounced visits. During these home visits officers look for signs of drug or alcohol use, no guns or illegal weapons are in the parolees residence, and look for signs of other illegal activities. Should parolees start to use drugs or alcohol, they are told to go to drug or alcohol counseling and NA or AA meeting. Should they not comply with conditions on the parole certificate a warrant is issued for their arrest. Their parole time is stopped when the warrant is issued and starts only after they are arrested. They have a parole violation hearing within a specified time, and then a decision is made by the parole board to revoke their parole or continue the parolee on parole. In some cases, a parolee may be discharged from parole before the time called for in the original sentence if it is determined that the parole restrictions are no longer necessary for the protection of society (this most frequently occurs when elderly parolees are involved).

Service members who commit crimes while in the US military may be subject to Court Martial proceedings under the Uniform Code of Military Justice (UCMJ). If found guilty, they may be sent to Federal or Military Prisons and upon release may be supervised by U.S./Federal Probation Officers.

Parole is a controversial political topic in the United States. According to the U.S. Department of Justice, at least sixteen states have abolished parole entirely, and four more have abolished parole for certain violent offenders.^[9] During elections, politicians whose administrations parole any large number of prisoners (or, perhaps, one notorious criminal) are typically attacked by their opponents as being "soft on crime". The US Department of Justice (DOJ) stated in 2005 that about 45% of parolees completed their sentences successfully, while 38% were returned to prison, and 11% absconded. These statistics, the DOJ says, are relatively unchanged since 1995; even so, some states (including New York) have abolished parole altogether for violent felons, and the federal government abolished it in 1984 for all offenders convicted of a federal crime, whether violent or not. Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parolees was an increase of about 1.5% per year between 1995 and 2002.

A variant of parole is known as "time off for good behavior", or, colloquially, "good time". Unlike the traditional form of parole – which may be granted or denied at the discretion of a parole board – time off for good behavior is automatic absent a certain number (or gravity) of infractions committed by a convict while incarcerated (in most jurisdictions the released inmate is placed under the supervision of a parole officer for a certain amount of time after being so released). In some cases "good time" can reduce the original sentence by as much as one-third. It is usually not made available to inmates serving life sentences, as there is no release date that can be moved up.

US immigration law

Main article: Parole (United States immigration)

In US immigration law, the term parole has three different meanings.

A person who does not meet the technical requirements for a visa may be allowed to enter the U.S. for humanitarian purposes. Persons who are allowed to enter the U.S. in this manner are known as parolees.

Another use related to immigration is advance parole, in which a person who already legally resides in the U.S. needs to leave temporarily and return without a visa. This typically occurs when a person's application for a green card (permanent residency) is in process and the person must leave the U.S. for emergency or business reasons. In the wake of September 11, 2001, there has been greater scrutiny of applications for advance parole.^[10]

A person who goes out of the country on "advanced parole" has to go through the following process: Canada by road: US Immigration officers will require you to submit one parole document to them. They will stamp your passport and another parole document, and issue a new I-94 form.

The term is also used to denote scenarios in which the federal government orders the release of an alien inmate incarcerated in a state prison before that inmate's sentence has been completed, with the stipulation that the inmate be immediately deported, and never permitted to return to the United States. The most celebrated example of this form of parole was that of Lucky Luciano, who was being "rewarded" for cooperating with the war effort during World War II. In most cases where such parole is resorted to, however, the federal government has deemed that the need for the immediate deportation of the inmate outweighs the state's interest in meting out punishment for the crime the inmate committed.

Prisoners of war

Parole is "the agreement of persons who have been taken prisoner by an enemy that they will not again take up arms against those who captured them, either for a limited time or during the continuance of the war".^[11] The US Department of Defense defines parole more broadly. "Parole agreements are promises given the captor by a POW to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint."^[12]

The practice of paroling enemy troops began thousands of years ago, at least as early as the time of Carthage.^[13] Parole allowed the prisoners' captors to avoid the burdens of having to feed and care for them, while still avoiding having the prisoners rejoin their old ranks once released; it could also allow the captors to recover their own men in a prisoner exchange. Hugo Grotius, an early international lawyer, favorably discussed prisoner of war parole.^[14] During the American Civil War, both the Dix-Hill Cartel and the Lieber Code set out rules regarding prisoner of war parole.^[15] Francis Lieber's thoughts on parole later reappeared in the Declaration of Brussels of 1874, the Hague Convention, and the Geneva Convention Relative to the Treatment of Prisoners of War.^[16]

In the United States, current policy prohibits US soldiers who are prisoners of war from accepting parole. The Code of Conduct for the US Armed Forces states: "I will accept neither parole nor special favors from the enemy."^[17] This position is reiterated by the Department of Defense. "The United States does not authorise any Military Service member to sign or enter into any such parole agreement."^[18]

See also

• Parol evidence rule
• Ticket of leave
• Release on temporary licence
• ParoleWatch
• Rehabilitation Policy

References

1. ^ Morgan O. Reynolds (June 1, 2000), Privatizing Probation and Parole, National Center for Policy Analysis, http://www.ncpa.org/pub/st233 
2. ^ http://books.google.com/books?id=o0rjRPnO7K4C&pg=PA408&lpg=PA408&dq=history+of+parole&source=web&ots=GjoaCigjgo&sig=3kh6yHRFWCI0CIpEhu9-IREJEsU&hl=en&sa=X&oi=book_result&resnum=4&ct=result
3. ^ "China Grants Convicted Scholars Medical Parole". The Chronicle of Higher Education. http://chronicle.com/weekly/v47/i47/47a04501.htm. Retrieved 2008-01-13. 
4. ^ "US lawmakers demand China grant dissident medical parole". Agence France-Presse via MyWire. 2005-01-20. http://www.mywire.com/pubs/AFP/2005/01/20/707421?extID=10037&oliID=229. Retrieved 2008-01-13. 
5. ^ http://www.paroleboard.govt.nz/about-us/cases-and-eligibility.html
6. ^ http://www.paroleboard.govt.nz/__data/assets/pdf_file/0011/477515/NZPB_Annual_Report_09_10.pdf
7. ^ http://books.google.com/books?id=o0rjRPnO7K4C&pg=PA408&lpg=PA408&dq=history+of+parole&source=web&ots=GjoaCigjgo&sig=3kh6yHRFWCI0CIpEhu9-IREJEsU&hl=en&sa=X&oi=book_result&resnum=4&ct=result#PPA408,M1
8. ^ In re Jeanice D., 28 Cal. 3d 210 (1980) ("25 years to life" is indeterminate life sentence implying that minor convicted of first-degree murder was eligible for commitment to California Youth Authority rather than determinate life sentence which would require incarceration in regular prison).
9. ^ In 1984 Congress abolished parole for federal crimes committed beginning November 1987. The U.S. Parole Commission was enabled to continue operations for prisoners still eligible for parole, that is, who committed crimes prior to November 1987. "Parole system in transition assailed as unfair". Newsday, May 2, 2007.
10. ^ http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm
11. ^ 2 Bouvier's Law Dictionary 2459 (1914)
12. ^ US Department of Defense Directive 1300.7, Training and Education Measures Necessary to Support the Code of Conduct (23 Dec 88).
13. ^ Herbert C. Fooks, Prisoners of War 297 (1924).
14. ^ Hugo Grotius, De Jure Belli ac Pacis (1625), reprinted in 2 Classics of International Law 853-54 (J. Scott ed. 1925).
15. ^ James M. McPherson, Battle Cry of Freedom 791 (1988); U.S. Army General Orders No. 100 (24 April 1863), reprinted in R.S. Hartigan, Lieber's Code and the Law of War 45-71 (1983).
16. ^ Annex to Hague Convention IV Respecting the Laws and Customs of War on Land, Art. 10 (1907) and Geneva Convention Relative to the Treatment of Prisoners of War, Art. 21 (1949), both reprinted in Documents on the Laws of War 216 (A. Roberts & R. Guelff ed. 1982).
17. ^ Code of Conduct for Members of the Armed Forces of the United States, Exec. Order No. 10,631, 20 Fed. Reg. 6057, 3 C.F.R. 1954-58 Comp. 266 (1955), as amended by Exec. Order No. 12,017, 42 Fed. Reg. 57941 (1977); and Exec. Order No. 12,633, 53 Fed. Reg. 10355 (1988).
18. ^ DoD Directive 1300.7, Enclosure 2, Para. B3a(5).

• US Department of Justice, "Probation and Parole in the United States, 2004" (pdf file)

External links

• California Reentry Programme - Helping parolees re-enter society
• How Parole Board hearings work (Directgov, England and Wales)