4.4: Parole
The practice of releasing prisoners on parole before the end of their sentences has become an integral part of the correctional system in the United States. Parole is a variation on imprisonment of convicted criminals. Its purpose is to help individuals reintegrate into society as constructive individuals as soon as they are able, without being confined for the full term of the sentence imposed by the courts. It also serves to lessen the costs to society of keeping an individual in prison. The essence of parole is release from prison, before the completion of sentence, on the condition that parolees abide by certain rules during the balance of the sentence. Under some systems, parole is granted automatically after the service of a certain portion of a prison term. Under others, parole is granted by the discretionary action of a board, which evaluates an array of information about a prisoner and makes a prediction whether he is ready to reintegrate into society.
To accomplish the purpose of parole, those who are allowed to leave prison early are subjected to specified conditions for the duration of their parole. These conditions of parole restrict their activities substantially beyond the ordinary restrictions imposed by law on an individual citizen. Typically, parolees are forbidden to use alcohol and other intoxicants or to have associations or correspondence with certain categories of undesirable persons (such as felons). Typically, also they must seek permission from their parole officers before engaging in specified activities, such as changing employment or housing arrangements, marrying, acquiring or operating a motor vehicle, traveling outside the community, and incurring substantial indebtedness. Additionally, parolees must regularly report to their parole officer .
Parole Conditions-California State
All inmates released from a California State prison who are subject to a period of State parole supervision will have conditions of parole that must be followed. Some parolees will have imposed special conditions of parole which must also be followed. Special conditions of parole are related to the commitment offense and/or criminal history and will discourage criminal behavior, improving the parolee’s chances for success on parole.
Conditions of Parole and Special Conditions of Parole are defined as:
- Conditions of Parole – the general written rules you must follow.
- Special Conditions of Parole - these are special rules imposed in addition to the general conditions of parole and must also be followed. They are related to your commitment offense and/or criminal history and may be imposed by the Board of Parole Hearings, by the court, or by your parole agent.
General Conditions of Parole:
- Your Notice and Conditions of Parole will give the date that you are released from prison and the maximum length of time you may be on parole.
- You, your residence (where you live or stay) and your possessions can be searched at any time of the day or night, with or without a warrant, and with or without a reason, by any parole agent or police officer.
- You must waive extradition if you are found outside of the state.
- You must report to your parole agent within one day of your release from prison or jail.
- You must always give your parole agent the address where you live and work.
- You must give your parole agent your new address before you move.
- You must notify your parole agent within three days if the location of your job changes, or if you get a new job.
- You must report to your parole agent whenever you are told to report, or a warrant can be issued for your arrest.
- You must follow all of your parole agent’s verbal and written instructions.
- You must ask your parole agent for permission to travel more than 50 miles from your residence and you must have your parole agent’s approval before you travel.
- You must ask for and get a travel pass from your parole agent before you leave the county for more than two days.
- You must ask for and get a travel pass from your parole agent before you can leave the State, and you must carry your travel pass on your person at all times.
- You must obey ALL laws.
- If you break the law, you can be arrested and incarcerated in a county jail even if you do not have any new criminal charges.
- You must notify your parole agent immediately if you get arrested or get a ticket.
- You must not be around guns, or anything that looks like a real gun, bullets, or any other weapons.
- You must not have a knife with a blade longer than two inches except a kitchen knife. Kitchen knives must be kept in your kitchen.
- Knives you use for work are allowed only when approved by your parole agent, but they can only be carried while you are at work or going to and from work. You must ask for a note from your parole agent that approves carrying the knife while going to and from work, and you must carry the note with you at all times.
- You must not own, use, or have access to any weapon that is prohibited by the California Penal Code.
The parole officers are part of the administrative system designed to assist parolees and to offer them guidance. The conditions of parole serve a dual purpose; they prohibit, either absolutely or conditionally, behavior that is deemed dangerous to the restoration of the individual into normal society. Moreover, through the requirement of reporting to the parole officer and seeking guidance and permission before doing many things, the officer is provided with information about the parolee and an opportunity to advise him. The combination puts the parole officer into the position in which he can try to guide the parolee into constructive development.
The enforcement advantage that supports the parole conditions derives from the authority to return the parolee to prison to serve out the balance of his sentence if he fails to abide by the rules. In practice, not every violation of a parole condition will automatically lead to a revocation. Typically, a parolee will be counseled to abide by the conditions of parole, and the parole officer ordinarily does not take steps to have parole revoked unless he thinks that the violations are serious and continuing so as to indicate that the parolee is not adjusting properly and cannot be counted on to avoid antisocial activity. The broad discretion accorded the parole officer is also inherent in some of the quite vague conditions, such as the typical requirement that the parolee avoid "undesirable" associations or correspondence. Yet revocation of parole is not an unusual phenomenon, affecting only a few parolees. According to the Supreme Court in Morrissey v. Brewer , 35% - 45% of all parolees are subjected to revocation and return to prison. Sometimes revocation occurs when the parolee is accused of another crime; it is often preferred to a new prosecution because of the procedural ease of recommitting the individual on the basis of a lesser showing by the State.
Pin It! Morrissey v. Brewer Case Study
Does a parolee have the right to defend himself if he breaks parole? Morrisey v. Brewer settles this issue.