Parole Basics Under parole as most people think of it—sometimes called "discretionary" parole—an inmate gets out of prison early and serves some part of the remaining sentence under parole supervision. Parole Is Not a Right Under the traditional parole system, parole is a privilege for prisoners who seem capable of reintegrating into society.
Eligibility for Parole State law can provide that some kinds of convictions make prisoners ineligible for parole or eligible only after a very long prison sentence.
Parole Hearings Many prisoners do, however, become eligible for parole. Parole Supervision Often, the prison authority primarily supervises the parolee through mandatory visits with a parole officer.
Parole Conditions Once out on parole, a parolee enjoys the privilege of relative freedom in return for abiding by certain conditions. Some common parole conditions are that the parolee: maintain employment and a residence avoid criminal activity and contact with any victims refrain from drug—and sometimes alcohol—use attend drug or alcohol recovery meetings, and not leave a specified geographic area without permission from the parole officer.
Parole Violation To violate parole is to fail to live up to its conditions. Types of Violations Violating parole by committing a crime can often land parolees back in prison or in jail. Parole Revocation or Violation Hearing At a typical hearing, the decision-maker, whether a judge, the parole board, or part of the parole board, will consider the nature and circumstances of the violation. Getting Help Parole law varies by state. Talk to a Lawyer Start here to find criminal defense lawyers near you.
Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Each member of the board of pardons and paroles shall receive compensation and expense reimbursement for attending meetings or performing duties of the board.
Amounts are set by state law. Inmates up for parole are notified of the results of parole hearings by the Monday evening following their hearing. Parole hearing results are not released until the inmate is notified. In , the Legislature approved a bill allowing for the Board chairperson to request a person to serve as an auxiliary member for up to four years following their service on the Board. This will assist in instances when regular Board members are either unavailable or have to recuse themselves due to a conflict of interest in a case.
Please note that it is not necessary to contact the facility Parole Officer once a voted to parole date has been given, unless there is a change in sponsor. Can a parole date be changed or taken away?
Prior to release, the Board retains the authority to rescind take away or modify a previously granted parole in the event of new information or behavior resulting in DOC disciplinary action or new criminal charges.
It is important for an offender to remain patient and to continue to be a model inmate while awaiting release to parole. In the event that an offender is unsuccessfully discharged from programming, returned from a halfway house, or exhibits disciplinary problems by receiving disciplinary reports, the case is subject to review and possible rescission.
The Board will review the case in order to determine whether the offender is still suitable for release. Possible results from these actions and subsequent case review are: 1 The release date may be changed offset ; 2 conditions may be added; and 3 in some cases, Parole can be rescinded and the inmate not released.
What is a parole agreement? Connecticut General Statutes authorize the Board to establish terms, rules and conditions of parole. Conditions are established both by policy standard conditions and on an individual basis special conditions. They are intended to provide guidance to parolees as to acceptable standards of conduct and to assist them in addressing treatment needs. The enforcement of these conditions is a fundamental responsibility of the parole officer, thus assisting the Board in achieving its goal of managing risk, while maximizing the potential for parolees to live productive, crime-free lives.
What happens if parole conditions are violated? Enforcing the Conditions of Parole, as stated previously, is a fundamental responsibility of the parole officer. Matching the appropriate response to violation behavior is an important decision. Types of violations include:. All pertinent information regarding the violation, along with relevant offender characteristics, are reviewed by the parole officer and supervisor in determining the appropriate response.
The review includes, but is not limited to:. If it is determined as a result of the case review that the offender should be returned to custody, Department of Correction Parole and Community Services Division staff will remand the offender to custody and submit a parole violation report to the Board. This report serves as a Warrant application and initiates the parole revocation process. What is a parole revocation? Any parolee held in custody as an alleged parole violator, upon finding of probable cause, will receive a Final Revocation Hearing.
A Hearing Examiner will present both their findings and their recommendations to a panel of the Board who will determine an appropriate disposition. The offender will be given written notice of the date and location of the Preliminary Hearing, as well as the charges against him and the evidence supporting such charges. Probation is a period of supervision in the community imposed by the court as an alternative to imprisonment.
The Notice of Hearing form will tell the offender that he or she may review their institutional file before the hearing. Certain parts of the file are exempted by law from being shown. Such exempted parts will be summarized, however, and the summary furnished to the offender if asked. If the offender asks to see his or her file, or part of it, he or she may inspect any documents, except the exempted ones, which the Parole Commission uses as a basis for its decision about parole.
The Case Manager can explain what types of material are exempted by law, and can assist in requesting files for review. May the offender bring someone into the hearing room? The Notice of Hearing form provides a place for the offender to name someone as his or her representative at the hearing.
The representative should be given timely prior notice by the offender to allow adequate time to prepare for the hearing. This representative would, with the final approval of the examiner conducting the hearing, ordinarily be allowed to enter the hearing room and make a brief statement on the offender's behalf.
The offender may elect to waive representation by initialing the appropriate section on the Notice of Hearing form. Permission must be granted from this individual, and he or she must be given enough time to plan to attend the hearing. The representative may enter the hearing room with the offender and make a brief statement on his or her behalf. Should the offender decide not to have a representative, he or she will be asked to initial the waiver section on the Notice of Hearing form.
Generally, a Hearing Examiner from the Parole Commission will conduct the hearing. The Case Manager generally also will attend the hearing. Observers may ask to come into the hearing room occasionally. These are usually members of the institution staff or personnel of the Parole Commission.
A person who wishes to speak in opposition to an offender's parole may also appear at the hearing. Yes, the interview is recorded. The offender may request a copy of the recording by submitting a request under the Freedom of Information Act. The Judge who sentenced the criminal offender, the Assistant United States Attorney who prosecuted the case and the defense attorney may make recommendations regarding parole. These recommendations are generally submitted to the Commission before the first hearing and become a part of the material the Commission considers.
The Judge's recommendation and the defense attorney's recommendation will be made on Form AO Institution staff recommendations if provided are given thoughtful consideration but are not always followed, as they are only one of the several factors considered by the Examiner and the Commission. How do any of the following situations affect parole? Institution misconduct. The prisoner is expected to observe the rules of the institution in which confined to be eligible for parole.
Misconduct resulting in forfeited or withheld good time indicates that institution rules have not been observed and is a poor argument for parole, but does not automatically disqualify the applicant from Commission consideration. Presence of a detainer. A detainer does not of itself constitute a basis to deny parole. A prisoner may be paroled to a detainer indicating an actual release to the custody of another jurisdiction. If the detainer is dropped, the parole will occur, with an approved plan, directly to the community.
In some circumstances, parole may be to the detainer only and if the detainer is dropped, further action regarding parole will not occur, pending additional review by the Commission. Alien subject to deportation.
In some cases, the Commission grants parole on condition that the alien be deported and remain outside the United States. In other cases, the Commission merely grants parole to an immigration detainer.
In such instances the individual does not leave the institution until the immigration officials are ready to receive him. Case in court on appeal. All persons have the right by law to appeal their conviction and sentence.
The Parole Commission recognizes this right and the existence of a court appeal has no bearing whatever on parole decisions. Will parole be granted if there is an unpaid committed fine?
A fine for which an offender is to "stand committed" must be taken care of in some way before the Commission can take action on the "time portion" of the sentence. The usual way to take care of a fine is to pay it.
If an offender cannot do so, he or she may apply to take an "indigent prisoner's oath" if the offender can show that there are no funds or assets in his or her possession. A Case Manager can help the offender apply to take this oath. If the offender can neither pay the fine nor qualify for the oath, the Warden or Magistrate might determine that the offender needs all of his or her money or assets to support dependents.
In some cases the offender may be able to pay part of the fine and the Warden or Magistrate will determine that he or she needs the remainder of the assets for the support of dependents. In such cases, however, the offender still has a civil requirement to pay the fine at some later date.
If the offender has sufficient money or assets to pay the committed fine but fails to do so, the offender will not be paroled.
Yes, the Hearing Examiner will discuss the recommendation with the offender at the time of the hearing, and the Notice of Action will state the reasons for the decision. By law, if a sentence is less than seven years the offender will be granted another hearing after 18 months from the time of his or her last hearing. If the sentence is seven years or more the next hearing is scheduled 24 months from the time of the last hearing. The first Statutory Interim Hearing may be delayed until the docket preceding eligibility if there is more than 18 or 24 months between the initial hearing and the eligibility date.
If the sentence is five years or longer, the law provides that the offender will be granted mandatory parole by the Commission when he or she has served two-thirds of the term or terms, unless the Commission makes a finding either that 1 the offender has seriously or frequently violated institution rules and regulations, or 2 there is a reasonable probability that the offender will commit a further crime.
If an offender is serving a life term or consecutive terms, a Case Manager can explain the law in relation to parole at the two-thirds point. If an offender is serving a sentence of five years or larger, the case will be reviewed on the record shortly before the "two-thirds" date arrives.
If the offender is not granted mandatory parole on the basis of a "record review," he or she will be scheduled for a hearing when the Hearing Examiner next visits the institution. A decision about parole will then follow that hearing. If the offender chooses to waive parole at this point, release will occur at the mandatory release date of the sentence.
A parolee must abide by the conditions of release, and parole may be revoked if any of them are violated. Parolees will remain under supervision until the expiration of his or her sentence unless the Commission terminates supervision earlier. The reduction of supervision time by days provided by the mandatory release laws does not apply to this type of parole. Unless the offender has a forfeited all statutory good time, he or she will be released via Mandatory Release.
The Mandatory Release date is computed by the institution officials according to how much statutory good time the offender is entitled to and how much "extra" good time is earned. The law states that a mandatory releasee "shall upon release be treated as if released on parole and shall be subject to all provisions of the law relating to the parole of United States prisoners until the expiration of the maximum term or terms for which he was sentenced, less days.
The releasee will be supervised by a United States Probation Officer as if on parolee until days before the expiration date of the sentence provided the releasee does not violate the conditions of release, in which case the Commission retains jurisdiction to the original full term date of the sentence. If an offender is not paroled and has less than days left on a sentence when they are released, they will be released without supervision.
However, if a special parole term is being served, supervision will terminate at the full term date. The day date does not apply. If a parolee's parole plan is complete and has been approved by the Parole Commission following an investigation by the United States Probation Officer, release will be on the date set by the Commission assuming, of course, that the parole is not retarded or rescinded for misconduct or for some other reason.
If the plan is not approved, release may be delayed regardless of the effective date which the Commission set when it granted parole. A release plan should normally include a suitable residence and a verified offer of employment.
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