Nebraska Employers That Will Hire Felons by lsj12468

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									      Chapter 12
   Preparing for Prisoner
Reentry: Discretionary Parole
  and Mandatory Release
                  Introduction
   Prisoner reentry is any activity or program
    dedicated to preparing and integrating parolees
    into the community as law-abiding citizens
    using a collaborative approach with parole
    officers, treatment providers and the
    community.
   More than 95% of incarcerated prisoners will
    eventually be released: 650,000 every year.
                                                LO: 1
               Issues in Reentry

   Successful reentry includes:
      Prerelease planning

      Community referrals

      Quick access to benefit programs and continuity
       of care


                                                   LO: 1
         Issues in Reentry, Con’t.
 Challenges for recently-released ex-
 offenders include:
     Being indigent, but still requiring medications
     Being given a list of referrals versus having the
      appointments made for them
     Finding suitable employment, housing and staying
      clean of illegal drugs
                                                  LO: 2
           The Prisoner’s Family
   The prisoner’s family suffers during the period
    of confinement with the stigma of having a
    loved one behind bars
   The prisoner’s family plays a vital role in
    reentry, yet only 25% of prisoners have
    someone to meet them at release
   Reentry requires family ties to be reestablished
    or mended                                     LO: 2
     The Victim’s Role in Reentry
   Most victims are an intimate or an acquaintance
    of the offender.
   The offender has a responsibility to repair the
    harm done to the victim and the community.
   Discretionary parole is viewed as safer for the
    victim than releasing prisoners to the
    community without supervision.
                                               LO: 2
      Reentry and the Community
   Certain areas of cities receive a disproportionate
    number of parolees and have a high amount of
    unemployment, drugs and instability and
    disorganization
   Some believe that reentry should encompass
    restorative justice and civic community service in
    a model of civic engagement if the community is
    willing to accept offenders returning to their
    communities.
                                                LO: 2
        Community-Based Reentry
              Initiatives
   Other reentry initiatives are to allow employers who
    hire parolees and ex-felons to receive federal tax
    credits after the employee has worked a certain
    amount of time or has earned a certain amount of
    money.
   Reentry courts are a collaborative, team-based
    program that occurs after prison to improve the link
    between parole supervision and treatment providers.
                                                    LO: 2
              Types of Reentry
   The different types of reentry result from
    either determinate or indeterminate sentencing
    structures
      Determinate sentencing results in automatic
       or mandatory release
      Indeterminate sentencing results in
       discretionary release by a parole board
                                              LO: 3
            Eligibility for Parole
   The first step in the reentry process is the
    eligibility of the offender for parole
    consideration.
   Some inmates are permanently ineligible for
    parole.
   Parole eligibility is determined by a
    combination of calendar days served and good
    time days earned.                            LO: 3
            Parole Board Functions
   Parole boards have four basic functions:
       To decide when prisoners should be released
       To determine any special conditions of parole
        supervision
       To successfully discharge the parolee when conditions
        have been met
       To determine whether parole privileges should be
        revoked if the conditions are violated
   In addition, some parole boards are involved
    with executive clemency decisions           LO: 3
               Eligibility Dates
   The minimum eligibility date is the shortest
    amount of time defined by statute that must be
    served before an inmate is considered for parole
    by the parole board.

   The maximum eligibility date is the longest
    amount of time that can be served before the
    inmate must be released.                    LO: 3
Time Sheets and Eligibility Dates
   Good time (or “gain time”) is awarded for
    institutional good conduct and may be lost for
    misbehavior.

   Parole eligibility dates vary from state to state
    and offense-type to offense-type.
                                                 LO: 3
                 Prerelease Preparation
   A prerelease facility is a minimum security program
    that houses inmates with good institutional conduct who
    are within 2 years of release.
   A prerelease plan includes a summary of institutional
    conduct and program participation as well as plans for
    housing and employment upon release, and:
       Increases an offender’s chances of parole
       Saves time during the parole hearing
       Reflects ties in the community that will assist in reentry
                                                                     LO: 1
                The Parole Board
   Parole boards average 7 members, ranging from 3 to 19
    in number.
   Most release decisions are made by panels of three
    members.
   Crimes of a violent or sexual nature may require a full
    board review.
   In most states that retain parole boards, the governor
    appoints members for an average of 5 years, with
    varying qualifications.                            LO: 3
       Parole Boards Have 4 Basic
               Functions:
   To decide when individual prisoners should be
    released
   To determine any special conditions of parole
    supervision
   To successfully discharge the parolee when the
    conditions have been met
   To determine whether parole privileges should be
    revoked or should the conditions be violated
                                                   LO: 3
               The Parole Hearing
   The options for parole decision makers are:
       Grant parole, resulting in conditional release
       Deny parole, resulting in continued imprisonment
       Defer to a later date, resulting in a delay of the
        grant or deny decision, typically by 6 months to a
        year
   The sentencing judge, prosecutor and defense
    attorney often provide recommendations. LO: 3
                 Victim Impact
   A victim impact statement mentions how the
    crime has taken a toll physically, emotionally,
    financially, and/or psychologically on the
    victim and the victim’s family.
   Parole was refused in 43% of cases in which
    victim impact statements were present, but only
    7% of cases were denied when victim
    statements were absent.                      LO: 2
         Models of Parole Release
                Decisions
   Statutes typically direct parole boards to base
    their decisions on:
      The probability of recidivism

      The welfare of society

      The conduct of the offender while
       incarcerated
      The sufficiency of the parole plan         LO: 3
                            3 Models
   The models guiding parole decision making are:
       The surveillance model
            “an attempt to control “the dangerous classes”
       The procedural justice model
            Advocates fairness and legal factors, i.e., guidelines
       The risk prediction model
            Utilizes offense severity and risk of recidivism,
             resulting in the salient factor score
                                                                 LO: 3
         Due Process During Parole
                 Hearings
   Menechino v. Oswald (1971)
       The Supreme Court ruled that parole was a privilege
        not a right.
   Greenholtz v. Inmates of the Nebraska Penal and
    Correctional Complex (1979)
       Established minimal due process protections in the
        parole granting process.
                                                     LO: 4
              Right to Attorney
   Prisoners seeking parole do not have the right to
    be represented by counsel.
   While a lawyer is welcome to attend in support
    of the prisoner, the lawyer may not represent or
    talk for a prisoner during a parole hearing
    (Franciosi v. Michigan Parole Board 2000).
                                                LO: 4

								
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