Parole

What is Parole?

Parole: A Pathway to Early Release

Imagine a prison as a labyrinth, with the walls representing strict rules and regulations. Parole is like finding a secret passage that allows inmates to step out of this maze early, provided they follow certain conditions. This form of early release from prison, where inmates agree to adhere to specific behavioral guidelines, has been around for centuries but evolved significantly over time.

The History of Parole

Alexander Maconochie: The Architect of Modern Parole

Back in 1840, Alexander Maconochie introduced modern parole when he was superintendent of British penal colonies in Norfolk Island. He envisioned a system where prisoners could earn promotions for good behavior and gain conditional liberty outside prison walls. This innovative approach aimed to rehabilitate inmates through hard work, study, and adherence to rules.

Parole Around the World

Diverse Practices Across Countries

In Canada, prisoners can apply for full parole after serving one-third of their sentences or day parole before being eligible. In Italy, libertà condizionata is possible after 30 months (26 years for life sentences) with a remaining sentence less than half the total time. Each country has its own unique rules and practices when it comes to parole.

Parole in Specific Jurisdictions

Different Rules, Similar Goals

• In Canada: Full parole after serving one-third of sentences, day parole before full parole
• In China: Medical parole or compassionate release often used for prisoners requiring medical treatment outside of prison
• In Israel: Early release allowed after serving half of the prison term (the so-called ‘Deri Law’)
• In Italy: Libertà condizionata possible after 30 months (26 years for life sentences) with specific conditions
• In New Zealand, inmates serving short sentences (up to 2 years) are automatically released in half their sentence.

Parole Boards and Conditions

Conditions Set by Paroling Authorities

Parole boards or supervisors set conditions for release on licence, which include good behavior, not committing offenses, and following instructions. Federal prisoners can earn up to 54 days of good time credit per year and may be granted supervised release post-sentencing. Inmates convicted of felonies in the District of Columbia may still be under U.S. Parole Commission jurisdiction, while other states use a paroling authority to decide parole eligibility.

Parole: A Double-Edged Sword

The Pros and Cons of Parole

While parole aims to rehabilitate inmates through good behavior and conditional liberty outside prison walls, it also comes with its share of challenges. Critics argue that the conditions imposed can be overly restrictive, leading to a state of perpetual surveillance and incarceration.

Parole in the United States

A Political Hot Potato

In the United States, parole has proven to be politically divisive. Starting from the initiation of the war on drugs in the 1970s, politicians began to advertise their ‘tough on crime’ stances, encouraging a tightening of penal policy and resulting in longer sentences for what were previously referred to as minor drug violations.

Parole Reforms and Debates

Reforming the Parole System

Debates and reform efforts have been ongoing since the 1990s, with some emphasizing reform of the parole system and others calling for its abolishment altogether. A growing scholarship criticizes U.S. parole boards and the parole system more broadly. Parole boards are criticized for lacking efficient qualifications and being too politicized in their appointment process.

Statistics on Parole

The Numbers Speak Volumes

• About 45% of parolees complete their sentences successfully, while 38% are returned to prison and 11% abscond.
• The average annual growth of parolees has increased by 1.6% per year between 1995 and 2002.

Parole Variants

Different Forms of Parole

• A variant known as ‘time off for good behavior’ is automatic in some jurisdictions, reducing an inmate’s sentence by half.
• Mandatory supervision involves releasing inmates before completing their sentences due to legal technicalities, with no decision-making process involved.

Parole and Immigration Law

A Pathway for Non-Citizens

Parole has also been used in immigration law to allow individuals to enter or leave the country without documentation. Some studies suggest that reducing parole supervision is a cost-effective way to improve reintegration and rehabilitation for formerly-incarcerated individuals.

The Future of Parole

A Path Forward?

As debates continue, one thing remains clear: the future of parole lies in finding a balance between rehabilitation and public safety. Whether through reform or abolition, the goal should be to create a system that truly serves its purpose—helping inmates reintegrate into society while ensuring community protection.