Discretionary Justice: Decision Making in a State Juvenile Parole Board

The literature in Criminal Justice is replete with commentary on both the virtues and injustices associated with adult parole board decision-making. There has been far less attention paid to juvenile parole boards in part because so few of them exist. Institutional release decisions in most states still remain the purview of juvenile institutional staff members. This paper examines parole Authority decision-making in a citizen-dominated state juvenile parole board. The paper focuses on the conduct of hearings, dispositional guidelines, criteria used by board members in decision-making and the advocacy role of parole officers and institutional staff. The influence of deinstitutionalization and least restrictive policies on parole Authority decision making is also discussed. During recent years, the literature in criminal justice has become replete with commentary on the virtues and injustices associated with parole board decision-making. Consequently, many questions have been raised about disparate sentences, the criteria used by parole boards in making decisions, unstructured discretion, and the pressing need for guidelines and statistically accurate parole prediction instruments. The intent of this paper is to examine parole decision-making in a state juvenile parole board where individualized treatment and rehabilitation have been long standing goals. The paper focuses upon the criteria used by board members in decision-making, the conduct of hearings, the guideline system used to determine a recommended length of confinement and the advocacy role of parole officers and institutional staff. The influence of deinstitutionalization and least restrictive policies on parole board decision-making is also discussed. The author is presently completing the second year of a two-year appointment as a member of the Parole Authority under discussion. Since December, 1983, the author has continuously observed and participated in approximately 300 individual parole hearings over thirty-seven hearing days.     

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.     

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.     

Parole release decisions revisited: An analysis of parole release decisions for violent inmates in a southeastern state

In an attempt to discover the major predictors of parole decision-making in one southeastern state, this study examined the cases of 762 inmates under the supervision of the Alabama Department of Corrections who were eligible for parole from June 1, 1993 through May 31, 1994. Of the 762 eligible inmates, only 138 (18 percent) were granted parole. Using parole disposition (granted or denied) as the dependent variable, this study investigated the offense, offender, and general parole variables and their impact on parole decisions. Logistic regression findings indicated that the strongest predictors of parole release decisions were the length of the original sentence assessed for the offense, the total number of felonies for which the inmate was serving time, and the warden and senior officers' recommendations. These variables, which were also significant at the bivariate level of analysis, explained approximately 47 percent of the variation in the dependent variable. A major concern of the study was the generalizability of the findings.     

Examining Predictors of Parole Release in a Rural Female Jail Population

Parole has long been a linchpin of correctional practices but few studies have examined discretionary parole release in a female population. The current study examines factors, both static risk and dynamic needs, that influence parole decision making in a rural female jail population. The researchers collected data on parole releases from a rural county jail over a 3-year period beginning in 2012 (N?=?138). Offenders obtained a recommendation for parole release from a reentry assessment team that met at the jail each month to evaluate cases for parole eligibility. Logistic regression was used to explain variance in the factors considered by the reentry assessment team and it was evident that both static risk factors and dynamic needs play a role in discretionary parole release. We also examined obstacles or challenges that female offenders face when paroling to a rural location. Several policy recommendation related to the study are addressed.     

The religious conversion and race of a prisoner: Mock parole board members' decisions,perceptions, and emotions

Parole board members (PBMs) decide whether to release inmates on parole. Decisions may be affected by in‐group bias or stereotypes regarding religion and race. Two experiments investigated whether religious conversions/secular lifestyle changes and race affect mock PBMs' release decisions, emotions, and perceptions. Mock PBMs read a case file of an inmate who was eligible for parole and decided whether to grant parole. Study 1 manipulated whether the inmate had converted to Christianity or Islam, had a secular lifestyle change, or had no lifestyle change. Study 2 also varied race (African American or Caucasian). Race was not a significant factor, possibly because the manipulation was not strong enough to influence participants or because participants did not want to appear racist. Conversions to Islam and Christianity impacted the parole decision, and effects were mediated by believability of the conversion. Secular lifestyle changes affected release decisions and were mediated by perceptions of the inmate and beliefs about his likelihood of recidivism. Such inmates were the most likely to be released and were perceived most positively; their conversions were the most believable. Inmates who made no changes were perceived least positively, indicating that any lifestyle change is better than none. Importantly, no bias towards either religion (Islam, Christianity) was found. Furthermore, conversion type affected how scared PBMs were of the inmate, but this fear did not impact release decisions.     

Studying Parole in the “Spotlight”: Lessons from a Large American Jurisdiction

In September 2008 the Governor of Pennsylvania, USA, imposed a moratorium on all parole (early conditional) releases from the state prisons, which lasted until March 2009. As a political measure, the moratorium was triggered by a series of violent incidents involving recently released parolees culminating with the killings of several police officers. This paper documents the impact of the moratorium on the parole and correctional processes in the state and discusses its implications for the legitimacy of the two justice agencies affected, the Board of Parole and the Department of Corrections. The paper also describes the research undertaking of the team tasked with conducting the comprehensive review of parole and corrections at the Governor’s request, which circumscribed the lifting of the moratorium on the results of the investigation. In addition to qualitative data, the study employed quantitative methods to investigate through predictive analyses both parole decisions and parolee performance upon release. The challenges of conducting action research in the “spotlight” are also highlighted. The nature of the study and its setting in a large state in the United States should provide a useful illustration of problems and potential approaches to dealing with them that similar crime prevention tasks may face in other jurisdictions around the world relying on conditional release as a means of prison release.     

Serious about Change: A Gendered Examination of the Impact of Offense Type on Parole Success

Female offender populations are growing at an unprecedented rate. The present study examines gender differences among a large sample of male and female offenders as related to seriousness of their offense and success on parole. Data analyzed were originally collected from a random sample of parole case files in California. Results revealed that although gender does significantly impact parole success, seriousness of the offense does not. Other significant factors include age at release on parole, criminal history, and measures of stability upon release. The need for wrap-around services, comprehensive treatment models, and funding for gender-specific services are discussed.     

Punishment within Prison: An Examination of the Influences of Prison Officials’ Decisions to Remove Sentencing Credits

Despite considerable research directed toward understanding the factors that affect punishment decision‐making leading to imprisonment, few studies have examined the influences of punishment decisions within prisons. Punishment decisions made within prisons can affect an individual's liberty during their imprisonment and/or the timing of their release from prison if the punishment results in the loss of sentencing credits or influences parole decision‐making. Moreover, if punishment disparities result from these decisions, then some offender groups may endure a greater loss of liberty relative to others. In this study, we examine the factors that influence prison officials’ decisions to remove sentencing credits in response to prison rule violations. Analysis of collected data from a Midwestern state prison system reveal that prison officials are primarily influenced by the seriousness and type of the rule violation, along with an inmate's violation history. Other relevant factors include those proximately connected to an inmate's risk of subsequent misbehavior such as gang membership and those that are linked to practical consequences and constraints associated with the organizational environment and particular inmates such as the proportion of their sentence an inmate has served and whether an inmate has mental health problems.     

Burnout—Age at release from prison and recidivism

Empirical studies frequently have reported an association between age at release from prison and recidivism. For criminal justice decision-makers who wish to consider this knowledge in making prosecutorial, sentencing, or parole decisions, the magnitude of that association must be established while controlling for the effects of other variables known to be associated with recidivism (e.g., prior criminal record). This research addresses this issue using data from a large sample of federal prison releasees. The results indicate that recidivism rates do decline with increased age, and that the association is not diminished when statistical control is exercised for the effect of prior criminal record.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

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.     

Post release arrest experiences of federal prisoners: A six-year follow-up

The likelihood of further criminal conduct is important in allocation decisions for parole supervision resources. In this article, the relationship between arrest-free time after release (alone and in combination with other variables) and the probability of subsequent arrest is examined for a relatively large random sample of released federal prisoners (N=1,806). A six-year follow-up period is made possible by the use of “rap sheet” records provided by the Federal Bureau of Investigation.Knowledge of this relationship may be used to provide empirical guidance for decisions about the intensity and/or duration of supervision; and a method for the practical application of this knowledge in case decision-making is illustrated.     

Examining the Effects of Community-Based Sanctions on Offender Recidivism

Offenders who violate their conditions of release (parole violators) pose a threat to public safety and a unique challenge for parole officials. Historically, parole officers have simply revoked the parole of these offenders and returned them to prison; however, increases in state correctional populations have forced many jurisdictions to experiment with sanctions administered by parole officers in the community. Community‐based sanctions are sanctions administered by parole officers as consequences for noncompliance with release conditions that are ultimately intended to reduce parole violators’ odds of recidivism. Yet, the effects of these types of sanctions are still relatively unknown. Drawing from perspectives on formal and informal social control, this study involved an examination of the effect of community‐based sanctions on parole violators’ odds of recidivism. Findings revealed that formal controls such as community‐based sanctions that were applied with certainty, severity, and in a swift manner along with informal controls such as measures of offenders’ stake in conformity had effects on parole violators’ odds of recidivism and time to recidivism.     

A half century of parole rules: Conditions of parole in the United States, 2008

There is growing concern about revocations of parole for technical violations of parole conditions. This article represents a fifth survey of standard conditions of parole in the United States. In 2008 all fifty-two parole jurisdictions were surveyed and the standard conditions of supervision identified. The results indicate that the number and types of standard conditions of parole have increased in the recent past, but that over the past half century, parole rules have retained a focus on criminal behavior and enabling post release supervision. It is more likely that our conceptions about how best to respond to rule violations have undergone change.     

THE OPERATIONAL USE OF AN EXPERIENCE TABLE

One objective of the Parole Decision-Making project was the develop ment of experience tables for operational use by the U.S. Board of Parole to aid in individual case deckion-making. This report describes the interaction of parole board members and project staff in the development of an experience table acceptablc to the parole board for operational use. In addition, it describes the development of a research design to test the impact of the presentation of the experience table upon paroling decisions, the implementation of this design, and the initiol evaluation of results.     

Crime profiles and conditional release performance of psychopathic and non‐psychopathic sexual offenders

Purpose. This study investigated the influence of psychopathy and sex offender subtype on criminal history, probability of being granted conditional release, and performance while on conditional release in a diverse group of violent offenders. We predicted that psychopathic sexual offenders would be associated with relatively prolific violent and sexual offending, a high probability of successful conditional release applications despite their past behaviour (resulting from ‘putting on a good show’ in a parole hearing), and poor performance in the community. Methods. Information was gathered via a correctional file review of 310 Canadian male federal offenders. Offenders were categorized into groups based on their sexual offence history (non‐sex offender, rapist, child molester, or mixed rapist/molester) and Psychopathy Checklist – Revised (PCL‐R; Hare, 2003) ratings. Their offences (sexual, violent, or non‐violent) and their complete conditional release histories were coded. Results. Psychopathy was associated with more violent and non‐violent, but not sexual, offences. A significant interaction between psychopathy and offender subtype revealed that psychopathy was associated with a greater number of sex offences within child molesters. High‐psychopathy offenders (both sexual and non‐sexual offenders) were about 2.5 times more likely to be granted conditional release than non‐psychopathic offenders. Conclusions. Psychopathy is associated with more prolific sexual offending among child molesters and – despite their extensive criminal histories and high recidivism rate – a great proficiency in persuading parole boards to release them into the community. Specialized education and training in dealing with psychopathic offenders is urgently needed.     

Adultification in Juvenile Corrections: Examining the Orientations of Juvenile and Adult Probation and Parole Officers

Legislative activity, court decisions, and other activities have left open to question how distinct is the juvenile justice system from the criminal justice system. While several scholars have considered adultification of juvenile courts, no study has systematically examined the adultification of juvenile corrections. The present study assesses whether one type of juvenile corrections, probation and parole, has been adultified by comparing the professional orientations of juvenile and adult probation and parole officers. The study finds that juvenile probation and parole officers do differ from adult officers across several dimensions of professional orientation that are critical to the distinctiveness of the juvenile justice system. Specifically, our analyses show that compared to adult probation and parole officers, juvenile officers tend to more strongly adhere to ideals of treatment, welfare, and offender-focused probation and parole supervision.     

Gender difference or indifference? Detective decision making in sexual assault cases

Prior research examining sexual assault case decision making has failed to account for the demographic characteristics of the criminal justice practitioners charged with making case decisions. Inclusion of such information is important because it provides researchers with a greater understanding of how criminal justice practitioners' own gender, race, age, and past experiences affect their judgments. This study seeks to examine whether gender differences exist in detectives' arrest decisions in sexual assault cases. Victim, suspect, incident, and detective characteristics are collected from police case and investigatory files on 328 criminal sexual assault cases involving adult female victims reported to a large Midwestern police department in 2003. Logistic regression is used to determine whether detective gender predicted the odds of arrest after controlling for incident, victim, and suspect characteristics. It is hypothesized that cases involving female detectives would be more likely to result in arrest after controlling for other incident, victim, and suspect characteristics. However, contrary to expectations, female detectives are significantly less likely than male detectives to arrest suspects in sexual assault cases even after controlling for the influence of other factors shown to predict arrest. The findings support prior research that suggests female practitioners may not necessarily be more sensitive toward female victims despite previous assumptions that this would hold true. The findings suggest that efforts to hire female police officers for the purposes of dealing with female-related victimization may ultimately undermine efforts to improve victim experiences with the criminal justice system. They further suggest that both researchers and police administrators need to rethink the best ways to serve female victims beyond hiring mandates.