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The Failure of Parole: Rethinking the Role of the State in Reentry

TL;DR: In this paper, the effect of parole on reentry and challenge the dominant governmental approach to post-release reentry is analyzed. But, they conclude that parole fails at both of these goals and in fact can sometimes hinder the reentry process.
Abstract: In this paper, I analyze the effect of parole on reentry and challenge the dominant governmental approach to post-release reentry. One of the features of current reentry policy is that many states rely on their parole or post-prison supervision agencies to provide post-release reentry services. In the paper, I argue that the changing nature of parole supervision over the last forty years, specifically the shift from a casework approach to a surveillance approach, should lead policymakers to rethink this approach. Relying on interviews I conducted with people on parole in New York City as well as prior research on parole outcomes, I examine the effect of parole on reentry. Jeremy Travis has argued that reentry has two goals — promoting public safety and promoting reintegration of former prisoners. I conclude that parole fails at both of these goals and in fact can sometimes hinder the reentry process. Accordingly, I argue that parole agencies should not be providing post-release reentry services and suggest an alternative approach for states to consider. In particular, I suggest that reentry outcomes could be improved by separating the surveillance and monitoring aspects of parole from its reentry aspects.
Citations
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Journal ArticleDOI
TL;DR: The issues of professional liability, third party liability, and individual rights in relation to conditional release are explored, as well as public policy concerns with conditional release, which are addressed.
Abstract: This article considers the legal implications of conditional release in both the civil and criminal parts of the law In the criminal context, conditional release takes the form of probation and parole It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized Conditional release is also used as a cost-saving mechanism in response to the overwhelming costs of incarceration and hospitalization This article explores the issues of professional liability, third party liability, and individual rights in relation to conditional release This article also addresses public policy concerns with conditional release and examines conditional release from a therapeutic jurisprudence perspective

7 citations

Journal ArticleDOI
02 Oct 2019
TL;DR: In this article, the authors used a natural experiment, an oil boom in North Dakota, to examine changes in offender reentry and recidivism outcomes, finding that offenders released from prison during the height of the oil boom were more likely to recidivate than offenders released prior to the peak of the boom.
Abstract: The current study utilized a natural experiment, an oil boom in North Dakota, to examine changes in offender reentry and recidivism outcomes. The quantitative study compared a sample of male offenders released from prisons within one state prior to the oil boom to a sample of male offenders released during the highest peak of the boom. Comparisons were made on variables known in the literature to be predictive of recidivism during the reentry process; these include risk, education, employment, housing, substance abuse, and treatment. Findings show the oil boom had a negative impact on offender reentry. Offenders released from prison during the height of the oil boom were more likely to recidivate than offenders released prior to the oil boom.

6 citations


Cites background from "The Failure of Parole: Rethinking t..."

  • ...…have stable housing arrangements are more likely to return to prison (Baer et al., 2006; La Vigne & Parthasarathy, 2005; Meredith, Speir, & Johnson, 2007; Roman & Travis, 2004, 2006; Steiner, Makarios, & Travis, 2015; Visher & Courtney, 2007) and are more likely to abscond (Scott-Hayward, 2011)....

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  • ...Meredith, Speir, & Johnson, 2007; Roman & Travis, 2004, 2006; Steiner, Makarios, & Travis, 2015; Visher & Courtney, 2007) and are more likely to abscond (Scott-Hayward, 2011)....

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Journal ArticleDOI
31 May 2020
TL;DR: The use of community supervision in the United States has dramatically increased over the past 40 years as discussed by the authors, and there are 4.5 million individuals on Community Supervision (CS) in the US.
Abstract: The use of community supervision in the United States has dramatically increased over the past 40 years. Today, there are 4.5 million individuals on community supervision in the United States, near...

3 citations

01 Jan 2013
TL;DR: In this paper, a recerca aborda the situacio penitenciaria de regressio a segon grau d'una persona classificada en tercer grau de tractament.
Abstract: La recerca aborda la situacio penitenciaria de regressio a segon grau d'una persona classificada en tercer grau de tractament. Aquesta recerca neix de la dada que a Catalunya el retorn esglaonat a la comunitat (a partir del tercer grau o de la llibertat condicional) no es la forma habitual en que les persones condemnades extingeixen la condemna sino que resulta mes comu la finalitzacio en segon grau. Aquesta realitat resulta preocupant ja que existeix una evidencia cientifica favorable al retorn esglaonat com un sistema amb mes probabilitats d'aconseguir la reinsercio de la persona. La recerca parteix de que un dels factors que explica aquesta taxa baixa de finalitzacio de la condemna en tercer grau o en llibertat condicional es justament la regressio a segon grau. Acceptat aquest fet, els objectius de la recerca consisteixen en valorar si el nostre sistema penitenciari fa un us restringit de la regressio i en explorar si es poden identificar les causes que expliquen que una vegada que s'ha produit la regressio sigui dificil reprendre el proces de reinsercio a la comunitat. Per dur a terme la recerca s'ha pres com a poblacio de referencia les persones que van patir una regressio a segon grau a Catalunya durant l'any 2011 i que finalitzen la seva condemna entre l'1 de juliol i el 31 de desembre del 2012. Aixo dona una poblacio de 52 persones. S'ha procedit a estudiar els expedients penitenciaris d'aquestes persones i s'ha aconseguit entrevistar al 75% d'elles. La recerca posa de manifest que la nostra practica de regressio es troba encara allunyada d'un model garantista i rehabilitador, indica algunes raons que expliquen la dificultat de recuperar el tercer grau o la llibertat condicional una vegada regressat i finalment s'assenyalen un conjunt de recomanacions o bones practiques.

2 citations

References
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Journal ArticleDOI
TL;DR: Andrews et al. as discussed by the authors reviewed the progress of risk assessment in criminal justice and assess progress since Andrews, Bonta, and Hoge's (1990; Andrews, Zinger, et al., 1990) statement of the human service principles of risk-needresponsivity and professional discretion.
Abstract: The history of risk assessment in criminal justice has been written on several occasions (Andrews & Bonta, 2003; Clements, 1996; Hollin, 2002). Here we assess progress since Andrews, Bonta, and Hoge’s (1990; Andrews, Zinger, et al., 1990) statement of the human service principles of risk-needresponsivity (RNR) and professional discretion. In those articles, the corrections-based terms of risk and need were transformed into principles addressing the major clinical issues of who receives treatment (higher risk cases), what intermediate targets are set (reduce criminogenic needs), and what treatment strategies are employed (match strategies to the learning styles and motivation of cases: the principles of general and specific responsivity). General responsivity asserts the general power of behavioral, social learning, and cognitive-behavioral strategies. Specific responsivity suggests matching of service with personality, motivation, and ability and with demographics such as age, gender, and ethnicity. Nonadherence is possible for stated reasons under the principle of professional discretion. Expanded sets of principles now include consideration of case strengths, setting of multiple criminogenic needs as targets, community-based, staff relationship and structuring skills, and a management focus on integrity through the selection, training, and clinical supervision of staff and organizational supports (Andrews, 2001). The review is conducted in the context of the advent of the fourth generation of offender assessment. Bonta (1996) earlier described three generations of risk assessment. The first generation (1G) consisted mainly of unstructured professional judgments of the probability of offending behavior. A

1,302 citations

Journal ArticleDOI
TL;DR: In this article, the institutional structure of parole boards, how much release discretion they are given, the substantive grounds for release decisions, the use of risk assessments in the decisional process, decision-making tools such as parole release guidelines, the requirements of fair and reliable procedures, victims' rights at parole hearings, the need for parole supervision in some but not all cases, the intensity of parole conditions, and the length of parole supervision.
Abstract: American parole boards have played a critical role in the formulation and administration of states’ prison policies in recent decades—and could play an equally important part in helping end mass incarceration. Long neglected by academic, research, and policy communities, systems of discretionary prison release are in need of improvement, if not “reinvention.” A plan for revitalization of parole release should lay out a comprehensive and aspirational model for the future. It must address the institutional structure of parole boards, how much release discretion they are given, the substantive grounds for release decisions, the use of risk assessments in the decisional process, decision-making tools such as parole release guidelines, the requirements of fair and reliable procedures, victims’ rights at parole hearings, the need for parole supervision in some but not all cases, the intensity of parole conditions, and the length of parole supervision.

48 citations

Journal ArticleDOI
TL;DR: P Phelps as mentioned in this paper argues that the most common form of criminal justice supervision is not imprisonment but probation, and its just as true for juveniles as for adults. But instead, it often serves as a netwidener, expanding formal supervision to low-level cases.
Abstract: Summary:The United States' high incarceration rate gets a lot of attention from scholars, policy makers, and the public. Yet, writes Michelle Phelps, the most common form of criminal justice supervision is not imprisonment but probation—and thats just as true for juveniles as for adults.Probation was originally promoted as an alternative to imprisonment that would spare promising individuals from the ravages of institutionalization, Phelps writes. But instead, it often serves as a net-widener, expanding formal supervision to low-level cases. Like mass incarceration, she demonstrates, mass probation is marked by deep racial and class disparities, and it can have devastating consequences for poor and minority communities.In her review, Phelps covers three aspects of probation supervision—who is sentenced to probation, what they experience, and when and why probation is revoked (that is, when probationers are sent to jail or prison for violating the terms of supervision). She then presents policy recommendations for each of these three stages that could reduce the harms of mass probation. They include scaling back the use of probation, offering probationers more meaningful help to improve their lives, and raising the bar for revoking probation. Though probation reform may not be a cure-all, she writes, it could reduce the scale of our criminal justice system and temper its detrimental effects.

25 citations

01 Jan 2017
TL;DR: Shavel et al. as mentioned in this paper explored the parenting experiences of formerly incarcerated African American fathers on parole and found that despite difficulties and challenges, the quality of the fathers’ lives hinged on their relationship with their children.
Abstract: African American Males’ Lived Experiences of Fathering Following Incarceration by Sherece Shavel MSW, Rutgers, the State University of New Jersey, 2004 BA, Seton Hall University, 2000 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Human Services Walden University May 2017 Abstract In the United States, African American fathers are incarcerated at a disproportionate rate and have a poor prognosis of success. Although researchers have considered how crime, paternal abuse, poverty, and social disparities have affected African Americans, they have not adequately studied how formerly incarcerated African American fathers experience parenting. The purpose of this qualitative transcendental phenomenologicalIn the United States, African American fathers are incarcerated at a disproportionate rate and have a poor prognosis of success. Although researchers have considered how crime, paternal abuse, poverty, and social disparities have affected African Americans, they have not adequately studied how formerly incarcerated African American fathers experience parenting. The purpose of this qualitative transcendental phenomenological study was to bridge this gap in knowledge by exploring the parenting experiences of formerly incarcerated African American fathers on parole. The research question focused on the parenting experiences of African American fathers obligated to mandatory supervision following an incarceration. A criterion-based sample of 9 African American fathers from the Midwestern region of the United States completed 2 in-depth interviews. Interviews were analyzed using phenomenological techniques, resulting in 9 central themes focused on social objectification, survival, change, the agency of fatherhood, and parent-child relations. Despite difficulties and challenges, the quality of the fathers’ lives hinged on the quality of their relationship with their children. The findings and recommendations from this study may advance positive social change by stimulating and guiding the efforts of human service practitioners working to develop culturally relevant interventions, and raising the awareness of advocates working to influence legislators toward comprehensive policy reform. The application of this study’s findings may provoke community members to strengthen their support for African American fathers returning to the community following incarceration. African American Males’ Lived Experiences of Fathering Following Incarceration by Sherece Shavel MSW, Rutgers, the State University of New Jersey, 2004 BA, Seton Hall University, 2000 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy

23 citations

Reference EntryDOI
26 Apr 2017
TL;DR: In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the total number of inmates in local, state, and federal jails and prisons as discussed by the authors.
Abstract: Over the past half-century, the number of adults under criminal justice supervision in­ creased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s sug­ gest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer.

20 citations