If the offender's hearing is held in a Federal institution rather than locally, may he or she also have an attorney and witnesses? If the Commission revokes parole or mandatory release, does a parolee get any credit on the sentence for the time spent under supervision? If a parolee is revoked rather than reinstated to supervision, or if he or she is not re-paroled immediately, how long must I serve before the Commission reviews my case again? How has the D. Revitalization Act changed parole for D.
What if the D. Board of Parole has made a decision in an offender's case before August 5, ? Does the U. Parole Commission apply federal parole procedures and guidelines at parole hearings for D. Code inmates? Will parole eligibility and good time rules change if an offender is transferred to a federal prison? Can an offender's relatives and supporters send material to the Parole Commission?
When someone is paroled, they serve part of their sentence under the supervision of their community. The law says that the U. Parole Commission may grant parole if a the inmate has substantially observed the rules of the institution; b release would not depreciate the seriousness of the offense or promote disrespect for the law; and c release would not jeopardize the public welfare.
Parole has a three-fold purpose: 1 through the assistance of the United States Probation Officer, a parolee may obtain help with problems concerning employment, residence, finances, or other personal problems which often trouble a person trying to adjust to life upon release from prison; 2 parole protects society because it helps former prisoners get established in the community and thus prevents many situations in which they might commit a new offense; and 3 parole prevents needless imprisonment of those who are not likely to commit further crime and who meet the criteria for parole.
While in the community, supervision will be oriented toward reintegrating the offender as a productive member of society. How does the Commission determine if someone is eligible for Parole? A criminal offender becomes eligible for parole according to the type of sentence received from the court. The "parole eligibility date" is the earliest time the offender might be paroled. If the Parole Commission decides to grant parole, it will set the date of release, but the date must be on or after the "eligibility" date.
The process begins at sentencing. Unless the court has specified a minimum time for the offender to serve, or has imposed an "indeterminate" type of sentence, parole eligibility occurs upon completion of one-third of the term. If an offender is serving a life sentence or a term or terms of 30 years or more he or she will become eligible for parole after 10 years.
To apply for parole, the offender has to fill out and sign an application furnished by a case manager. Everyone except those committed under juvenile delinquency procedures who wish to be considered for parole must complete a parole application.
A case manager notifies the offender when his or her parole hearing is scheduled. The initial hearing will usually take place within a few months after arrival at the institution. The only exception to this rule is if the offender is serving a minimum term of ten years or more, in which case the initial hearing will be scheduled six month prior to the completion of ten years.
A parole hearing is an opportunity for the offender to present his or her side of the story, and express their own thoughts as to why they feel they should be paroled. Many subjects come up during the course of the hearing. These typically include the details of the offense, prior criminal history, the guidelines which the Commission uses in making their determination, the offender's accomplishments in the correctional facility, details of a release plan, and any problems the offender has had to meet in the past and is likely to face again in the future.
A Parole Examiner reviews the case file before the hearing occurs. A recommendation relative to parole is made at the conclusion of the hearing and in most instances the offender is notified of that recommendation. If a recommendation is not provided, the Examiner may refer the case to the Commission's Office for further review.
All recommendations made at the hearing are only tentative as another examiner review is required before a final decision is made. Usually it takes about 21 days for the offender to receive a Notice of Action advising them of the official decision.
Within 30 days of the date on the Notice of Action, the offender may file an appeal with the National Appeals Board. Case Managers will have a copy of the form used for appeal. After receiving the appeal, the National Appeals Board may affirm, reverse or modify the Commission's decision, or may order a new hearing.
A decision by the National Appeals Board is final. Decisions granting or denying parole for prisoners sentenced under the District of Columbia Code may not be appealed to the Commission. In most cases, any legitimate employment is normally acceptable. Full time work is preferable to part time work; work done continuously at one location is generally better than work in which it is necessary to travel.
It is expected that the job will provide enough income to support dependents. In some cases, the Parole Commission may prohibit certain types of employment. If, for example, the original offense behavior involved abuse of a certain occupational position and there might be a likelihood of further criminal conduct if returned to such employment, than that employment may be denied.
What does a parolee do if he or she has no home to go to? The U. Parole Commission is interested in parolees having a suitable place to live. There is no rigid rule that requires parolees to reside in their home, if they have one, or that they cannot be paroled if they do not. 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. But becoming eligible is the first step. Parole involves the discretionary release of a prisoner before the end of their sentence. Time spent on parole is generally spent in the community under supervision. Being granted parole is not guaranteed; release is up to a parole board. Under a parole system, an offender generally receives what's called an indeterminate sentence , which has a maximum term and sometimes a minimum term of imprisonment say 15 to 20 years.
The sentence is indeterminate because the offender's actual release date is unknown. Parole can help a previously incarcerated person establish a life in mainstream society under the guidance of a parole officer. For example, being on parole is supposed to help recently released prisoners get their housing and employment in order.
Parole is also designed to protect society by requiring former offenders to follow certain conditions. See Parole Conditions. The idea is that these conditions will help them succeed and keep them from reoffending. Not all states use parole systems.
Minnesota, for example, has a determinate sentencing system where prisoners serve two-thirds of their prison sentences behind bars and the remainder on supervised release in the community assuming good behavior on the part of the inmate. Some states use both sentencing systems—indeterminate parole and determinate—depending on the crime. In the federal system , supervised release has generally replaced parole. Parole eligibility differs from place to place; each jurisdiction specifies when a prisoner becomes eligible for consideration.
Often, parole boards consider prisoners for parole only after they've completed a certain portion of their prison sentences, such as one-third or one-half of the maximum sentence imposed. If the judge imposes a minimum sentence, some states require an inmate to serve the entire minimum sentence, while others allow an inmate to shave time off their minimum sentence.
See "Good Time" below. Factors beyond sentence length also determine the point of parole eligibility. In Louisiana, for example, eligibility dates are based on a number of elements, including:. In Louisiana, for a first non-violent felony, eligibility may begin after the offender serves one-quarter of the sentence. 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.
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