Discretionary Parole

Definition

Discretionary parole is a type of parole that allows a parole board or designated authority to decide whether an inmate is eligible for release before completing their full sentence. This decision is based on various factors, including behavior, rehabilitation progress, and potential risk to the community. Discretionary parole emphasizes the role of judgment in evaluating whether an individual can reintegrate successfully into society.

5 Must Know Facts For Your Next Test

1. Discretionary parole decisions are made by a parole board that evaluates an inmate's conduct and readiness for reintegration into society.
2. Factors influencing discretionary parole decisions include the inmate's behavior in prison, completion of rehabilitation programs, and input from victims or community members.
3. Discretionary parole can lead to a more tailored approach to rehabilitation, allowing individuals who have shown significant improvement to be released early.
4. The effectiveness of discretionary parole is often measured by rates of recidivism among those released compared to those who serve their full sentences.
5. The use of discretionary parole varies widely between jurisdictions, with some areas granting more authority to parole boards while others have stricter guidelines.

Review Questions

• What criteria do parole boards consider when making decisions about discretionary parole?
  • Parole boards take into account several criteria when evaluating discretionary parole applications. These include the inmate's behavior while incarcerated, participation in rehabilitation programs, psychological evaluations, and recommendations from prison staff. Additionally, the board may consider any potential risk to public safety and the views of victims or community members affected by the crime.
• Compare discretionary parole and mandatory parole in terms of their implications for inmates' reintegration into society.
  • Discretionary parole allows for a more individualized assessment of inmates based on their behavior and rehabilitation progress, which can result in earlier release for those who show significant improvement. In contrast, mandatory parole automatically releases inmates after serving a specific portion of their sentence without consideration for individual circumstances. This difference means that discretionary parole can potentially facilitate better reintegration into society by ensuring that only those ready for release are granted it, while mandatory parole may not account for individual readiness.
• Evaluate the impact of discretionary parole on recidivism rates and its effectiveness as a criminal justice reform strategy.
  • Discretionary parole has been shown to impact recidivism rates positively when implemented effectively. By allowing inmates who demonstrate genuine rehabilitation and reduced risk to reintegrate into society earlier, it can lower overall recidivism compared to mandatory release systems. Furthermore, as a criminal justice reform strategy, it emphasizes rehabilitation over punishment. However, its effectiveness largely depends on how well parole boards are trained and equipped to assess inmate readiness accurately, highlighting the need for ongoing evaluation and reform in the parole system.

Related terms

Mandatory Parole: Mandatory parole is the automatic release of an inmate from prison after serving a specified portion of their sentence, without the need for a parole board's approval.

Parole Board:

A parole board is a panel of individuals who assess inmates for eligibility for parole, considering factors like behavior and rehabilitation.

Recidivism:

Recidivism refers to the tendency of previously incarcerated individuals to be re-arrested or return to prison after being released.