SUPERVISION REGIMES,RISK, AND OFFICIAL REACTIONS TO PAROLEE DEVIANCE*

Parolee deviance has emerged as a central issue in policy debates about crime and punishment in American society as well as in scholarship on “mass incarceration.” Although the prevailing approach to studying parolees conceives of parole violations as outcomes of individual propensities toward criminal behavior (i.e., criminogenic risk), we consider how indicators of individual risk and characteristics of formal social control systems combine to account for reported parole violations. Using data on California parolees, we examine the effects of parolees’ personal characteristics, their criminal histories, and the social organization of supervision on parole violations. We advance the notion of a “supervision regime”—a legal and organizational structure that shapes the detection and reporting of parolee deviance. Three components of a supervision regime are explored: 1) the intensity of supervision, 2) the capacity of the regime to detect parolee deviance, and 3) the tolerance of parole officials for parolee deviance. We find that personal characteristics and offense histories are predictive of parole violations. However, we also find that introducing supervision factors reduces the effects of offense history variables on violation risk, suggesting that the violation risks of serious, violent, and sexual offenders are partially explainable through the heightened supervision to which they are subject. In addition, we find that supervision intensity and tolerance are generally predictive of violation risk. Capacity effects are present but weak. We conclude with a discussion of how the supervision regimes concept illuminates the gap between macro‐ and micro‐analyses of social control.     

“BACK-END SENTENCING” AND REIMPRISONMENT: INDIVIDUAL,ORGANIZATIONAL, AND COMMUNITY PREDICTORS OF PAROLE SANCTIONING DECISIONS*

An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.     

Coerced work during parole: Prevalence,mechanisms, and characteristics

Coerced work on parole occurs when people are required to work under the threat of criminal legal repercussions. In the face of barriers to “good” work for people after prison, coercion helps to funnel parolees into positions at the bottom of the labor market. Parolee workers in these positions experience issues common to precarious, low-wage work (low pay, hazardous working conditions, and labor law violations), as well as heightened vulnerability to predatory employers and exposure to parole-prohibited activities. Because of the threat-backed requirements to work, however, parolees must choose to either accept this “bad” work or face potential sanctions. Using mixed-methods, including a novel form of respondent-driven sampling I call “Hybrid-RDS,” this article documents the prevalence of coerced work for people on parole in Los Angeles County, identifies the mechanisms through which coercive work operates, and illustrates the problematic employment conditions of coerced work after prison.     

Collaborative behavioral management: integration and intensification of parole and outpatient addiction treatment services in the Step’n Out study

Integration of community parole and addiction treatment holds promise for optimizing the participation of drug-involved parolees in re-entry services, but intensification of services might yield greater rates of technical violations. Collaborative behavioral management (CBM) integrates the roles of parole officers and treatment counselors to provide role induction counseling, contract for pro-social behavior, and to deliver contingent reinforcement of behaviors consistent with contracted objectives. Attendance at both parole and addiction treatment are specifically reinforced. The Step’n Out study of the Criminal Justice–Drug Abuse Treatment Studies (CJ-DATS) randomly allocated 486 drug-involved parolees to either collaborative behavioral management or traditional parole with 3-month and 9-month follow-up. Bivariate and multivariate regression models found that, in the first 3 months, the CBM group had more parole sessions, face-to-face parole sessions, days on which parole and treatment occurred on the same day, treatment utilization and individual counseling, without an increase in parole violations. We conclude that CBM integrated parole and treatment as planned, and intensified parolees’ utilization of these services, without increasing violations.     

THE EFFECTIVENESS OF A DEFINITE SENTENCE PAROLE PROGRAM

With the currently available evidence suggesting the failure of the treatment modality in corrections. parole systems throughout the United States have been the object of increasing criticism. This criticism is usually focused primarily at the indeterminate sentence and discretionary release to parole supervision, often considered integral components of a parole system. In this study, a parole system was examined that operates with definite sentencing and relatively less emphasis on discretionary release decision-making. The parole supervision aspect of this system was found to reduce markedly the post-release criminal activity of parolees as compared with a control group of discharges released from the same institutions, but not to parole supervision.     

Co-occurring Psychiatric and Substance Dependence Disorders as Predictors of Parolee Time to Rearrest

An estimated 500,000-plus people are on parole each year, many with serious co-occurring psychiatric and substance use disorders. Using cross sectional, self-report data this study examined the relationships between parolee time to rearrest, serious mental illnesses, and substance dependency (n = 1,121). Regression analyses indicated that after controlling for demographic and criminal justice variables, parolees with serious psychiatric and substance dependence disorders were rearrested faster than non-dually diagnosed parolees (p < .05). An explanation is that compared with parolees without dual diagnoses, parole violations by dually diagnosed parolees are detected and punished more quickly because of closer parole supervision.     

Program Evaluation in the Context of Supervision Regime Change: Motivational Interviewing in Colorado

This study assesses the effectiveness of an evidence-based counseling strategy employed by Colorado parole officers called Motivational Interviewing (MI), which aims to reduce parolee recidivism. I employ a quasi-experimental research design in which the caseloads of MI-trained officers are divided into two sub-samples: parolees supervised before the achievement of MI certification and parolees supervised after certification. Regression analyses show that MI is associated with recidivism reduction, but this relationship would not have been revealed without accounting for a high-profile crime that interrupted the study period—the murder of the Executive Director of the Colorado Department of Corrections by a high-risk parolee that had absconded from supervision. This crime caused a public relations crisis for the parole agency, which responded by lowering tolerance for misconduct. This reduction in tolerance increased recidivism rates among parolees in Colorado, obscuring the effect of MI on parole outcomes. Theoretical and policy implications are discussed.     

ASSESSING LENGTH OF INSTlTUTIONALIZATION IN RELATION TO PAROLE OUTCOME

This study assesses the relative impact of different lengths of imprisonment upon parole outcome, for narcotic law violotors, while holding other factors constant. Three alternative procedures for measuring association (r, ø and r_t) were each used in parallel base expectancy analyses on the same data base. The study group consists of 929 narcotic law violators who were paroled in 50 jurisdictions. Parole performance ws derived after a twe-year follow-up period The 1968 parolees were used to develop offender risk ratings. These ratings were applied to 1969 parolees to determine whether they would be associated with parole outcome in a new sample. The three methods worked about the same for developing offender risk ratings. Once personal characteristics of offenders were taken into considemtion, the number of months served had no consistent relationship to parole outcome. This remained true for all three parallel techniques used.     

PAROLEES' PERCEPTION OF THE JUSTICE SYSTEM

The parolees in this sample viewed the police rather negatively, were reluctant to label contacts with the police as harassment, and experienced a great deal of pluralistic ignorance about the extent of the police harassment of ex-offenders. They also had a very negative opinion of the courts and lawyers. When asked general questions about the courts and police harassment, blacks responded more negatively than whites; but when asked about their personal experiences with these organizations, no racial differences were found. Those interviewed were somewhat positive toward the parole system and very positive toward their parole agents. Possibly this is because the agents employ a strategy of ingratiation in that they do not enforce all of the existing rules, or possibly it is because the Illinois parole agents are doing a good job of being counsellors rather than policemen. This study also found: (1) on opinions of the police and the courts, the black-white differences which have been found in the community were also found here; namely, blacks were more negative than were whites. (2) On opinions of lawyers and the parole system, no black-white differences existed among respondents. (3) There was no evidence of a disconfirmed expectancy effect; that is, in no case was there more negativity among white parolees than among black due to whites' higher expectations of the justice system.     

Living on the Boundaries in America

Abstract

In this article I examine marginalized youths' ideas about the United States, the law, and police. My interpretive analysis is based upon in-depth, unstructured interviews with juvenile parolees living in poverty in a large southwestern city. In general, these parolees could be described as uneducated, unemployed, non-white, youth gang members. Through an examination of the youths' narratives and stories about America and its legal authorities, I attempt to illustrate how their ideas can be understood as evolving from their structurally based interactions. I present the general themes of the marginalized youths' legal and political consciousness and attempt to show how this consciousness flows from their hostile interactions with legal and conventional authorities. Ultimately, I suggest that the contrast between the youths' social justice ideals and the reality of their lives on the margins influences how they think about America, law, and the police.     

Supervision Intensity and Parole Outcomes: A Competing Risks Approach to Criminal and Technical Parole Violations

Recent scholarship about parole supervision indicates that higher supervision intensity is associated with an increased risk of parole violations. However, parole violations can take many forms—some minor and some serious—and theory suggests that supervision intensity might have differential effects depending upon the type of violation. We use “competing risks” survival models to identify supervision effects on five types of parole violations among 79,082 individuals released from prison in California: absconding, technical violations, drug use, violent offenses, and sexual offenses. We find that supervision effects are strongest for absconding violations. Past sexual offending also triggers significant supervision effects for technical violations, drug use violations, and violent violations. We conclude that parole violation patterns are influenced by parolee behaviors, the amount of attention the state is paying to those behaviors, and official markers of criminal dangerousness that are attached to particular parolees.     

Does Parolee Drug Testing Influence Employment and Education Outcomes? Evidence from a Randomized Experiment with Noncompliance

Despite the ubiquity of drug testing in criminal justice settings, there is little experimental evidence suggesting that testing reduces drug use or engenders pro-social behavior. This paper estimates the effect of parolee drug testing on labor and education outcomes with data from a randomized experiment involving 1,958 young parolees. It provides the first estimates in the literature suggesting that drug testing with graduated sanctions can improve short-run employment and education outcomes for parolees. After controlling for parole office fixed effects, juvenile criminal history, and a host of other covariates, the analyses suggest that parolees randomly assigned to testing are 6–8 percentage points (∼11%) less likely to be unemployed and not in school for the month following release to parole when compared to those assigned to the no-testing condition. Racially- and ethnically-stratified analyses find that Hispanics assigned to testing are 10–13 percentage points (∼22%) less likely to be unemployed and not in school, while the estimated coefficient for Blacks is statistically insignificant and hovers around zero. Analyses that use instrumental variable techniques to account for noncompliance by parole officers yield local average treatment effects that are almost twice as large as the intention-to-treat effects.

假释撤销条件比较研究

撤销假释是对假释犯不遵守假释条件的惩罚方式之一。罪犯在假释考验期内再犯新罪应当不分犯罪性质、罪过形式和刑罚轻重,一律撤销假释。在假释考验期内,发现罪犯尚有漏罪,不应撤销假释,而是应根据漏罪的具体情况,分别处理。对于假释期间违反应当遵守的假释条件一律撤销假释的规定是不合理的。只有对情节严重的违反假释条件的行为,才应当撤销假释。     

Women in parole: respect and rapport

Although the number of females in law enforcement has increased in recent years, research suggests that the uniquely gendered contributions of females are minimized in favor of traditional modes of law enforcement, emphasizing physical presence, authoritative commands, and demonstrative control. This research examines women in parole, using in-depth interviews with a small convenience sample of female parole agents in California. Participants discussed their experiences as parole agents from the perspective of women in a predominantly male occupation. Overwhelmingly, they emphasized traditionally associated female traits of intuition, verbal communication, and relationships, over physical tactics. Participants emphasized the importance of building respect and rapport with parolees in multiple contexts, including in the parolees' homes, with the families of parolees, and at parolees' places of employment. Participants suggested that this approach ensures their personal safety and enhances parolee compliance, especially when considering their subjective account of experiences by male parole agents.     

A “good fit”: Client sorting among nonprofit,private, and pro bono immigration attorneys

Existing scholarship finds that having an attorney in immigration legal proceedings increases the chances of a favorable outcome. This work, however, often acknowledges that the representation effect is underexplained: selection may explain outcomes, and variation among attorneys is difficult to assess. Through 103 interviews with attorneys who practice immigration law in three organizational environments (nonprofit legal services, private firms, and corporate law firm pro bono programs) in two East Coast areas, this paper argues that attorneys' sorting of clients between different types of legal organizations helps explain the representation effect. Attorneys define what type of case is a “good fit” for their representation, selecting cases they think they can help increase the probability of a favorable outcome. However, what they define as a “good fit” varies by attorneys' practice environments, and centers not only on the facts or characteristics of a client and their case, but also attorneys' organizational constraints. By documenting the central role of practice environment variation and its organizational constraints on attorneys' case selection, this paper helps explain the representation effect and its implications for increasing vulnerable immigrants' access to legal representation in the United States.     

Sex and parole: A comparison of male and female parolees

Male and female parolees released in 1970 with a two-year follow-up were compared on three basic factors: personal attributes, time served, and parole outcome. The two sexes were substantially different in five commitment offenses, prior prison sentences, age at admission to confinement from which paroled, and alcohol and drug involvement; they were relatively similar in the proportion of prior non-prison sentences. Women, on the average, serve less time in prison before parole than men. The proportion successfully continued on parole is the same for both sexes.     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

Short‐Term Effects of Sanctioning Reform on Parole Officers' Revocation Decisions

Parole officials have traditionally been afforded considerable discretion when making sanctioning decisions to be able to tailor sanctions according to substantively rational concerns such as individuals' unique needs and situations. However, the application of substantive rationality in sanctioning can also generate unwanted disparities because sanctioning decisions may be based on extralegal factors that parole officials consider relevant. Concerns regarding disparate treatment of offender groups have prompted a number of states to consider adopting administrative violation response policies that emphasize formal rationality and uniformity by restricting parole officers' discretion and structuring sanctioning decisions according to legally relevant criteria. By emphasizing formal rationality in sanctioning, structured sanction policies present a dilemma for parole officers—uniformity versus individualized treatment. In 2005, the state of Ohio implemented an administrative violation response policy designed to reduce parole officers' reliance on revocation hearings and promote uniformity in sanctioning decisions. This study involved an examination of whether Ohio's shift to structured sanctioning coincided with differences in legal and extralegal effects on parole officers' decisions to pursue revocation hearings. Analyses of data collected before and after the implementation of the policy revealed a reduction in the number of revocation hearings officers pursued. Only modest increases in uniformity were observed, however, because there was little disparity resulting from officers' hearing decisions before the policy was put in place. These findings are discussed within perspectives on justice system actors' decision making.     

Thinking About Prison Release and Budget Crisis in the Blue Grass State

As of 2003, nearly every state in the country is in budget crisis, looking to cut spending or raise taxes, or both. Kentucky is currently facing a severe budget crisis and is seeking ways to lower its prison costs. We interviewed prisoners, parolees, and correctional staff. Our focus is on reentry and structural problems contributing to parole failure. The discussion is organized around the following themes: the lack of meaningful prison programs, preparing for release from prison, problems finding employment, the parolee relationship with parole officers, the need for protection from minor parole violations, loss of credit for good time served on parole, and the lack of economic resources. Based on our findings, 10 recommendations are offered that, if implemented, would serve to lower the prison population, and save the taxpayers millions of dollars. While the research was conducted in one state the discussion may be generalized to apply to many states.     

Is Something Better Than Nothing? The Effect of Short Terms of Mandatory Parole Supervision

This article reports the findings of a quasi-experimental evaluation of a mandatory early parole program. New Jersey’s Statutory Early Release (SER) law required that all inmates, with few exceptions, be released onto parole six months before the expiration of their sentence. SER participants (n = 405) were matched using propensity scores to two groups of similar offenders who left prison in the year prior to the implementation of the SER statute. Comparison groups include former inmates that were released either unconditionally (n = 4,507) or onto standard parole (n = 5,657). At the conclusion of the matching routines, 395 SER-parolee pairs and 394 SER-unconditional release pairs were identified. Outcomes measures, including comparisons of rearrest and reconviction rates, are reported pre and post matching, and at 6-, 12-, and 18-month intervals. Individuals enrolled in the SER program demonstrated significantly reduced arrest rates during the SER supervision period when compared to unconditionally released offenders, though differences do not persist past six months. Offending rates for both SER participants and matched parolees were generally similar, with some significant variation in arrest rates emerging after 12 months.