Discretionary Parole

Definition

Discretionary parole refers to the conditional release of an inmate before the completion of their sentence, determined by a parole board based on the individual's behavior, rehabilitation progress, and perceived risk to the community. This type of parole allows authorities some flexibility in managing inmates' re-entry into society, aiming to balance public safety with the opportunity for rehabilitation.

5 Must Know Facts For Your Next Test

1. Discretionary parole decisions are typically based on several factors, including an inmate's conduct while incarcerated, completion of rehabilitation programs, and the severity of their original offense.
2. The parole board's discretion allows for individualized assessments, which can lead to different outcomes for inmates with similar offenses based on their behavior and rehabilitation efforts.
3. In some jurisdictions, the length of time an inmate must serve before becoming eligible for discretionary parole may vary significantly based on their crime or sentencing terms.
4. If granted discretionary parole, inmates must comply with specific conditions such as regular check-ins with a parole officer, maintaining employment, and avoiding criminal activity.
5. Failure to comply with the conditions of discretionary parole can result in revocation, leading to the inmate being returned to prison to serve the remainder of their sentence.

Review Questions

• How does discretionary parole differ from mandatory parole in terms of decision-making and criteria for release?
  • Discretionary parole is determined by a parole board that evaluates individual inmates based on various criteria such as behavior and rehabilitation progress. In contrast, mandatory parole occurs automatically after a certain period of time served, regardless of an inmate's conduct. This difference allows discretionary parole to be more tailored to each inmate's situation, potentially leading to better outcomes in rehabilitation and community safety.
• What role does a parole board play in the process of granting discretionary parole, and what factors do they consider?
  • The parole board is responsible for assessing inmates' readiness for discretionary parole by reviewing their conduct during incarceration, rehabilitation efforts, and any previous disciplinary actions. They consider the severity of the original offense and the potential risk posed to society upon release. This evaluation process ensures that decisions are made with public safety in mind while also providing opportunities for deserving individuals to reintegrate into society.
• Evaluate the implications of discretionary parole on both inmates and public safety, considering both potential benefits and drawbacks.
  • Discretionary parole can offer significant benefits by allowing inmates who demonstrate rehabilitation to reintegrate into society earlier, which can reduce prison overcrowding and promote positive social outcomes. However, it also raises concerns about public safety if individuals deemed high-risk are released without adequate supervision. The challenge lies in balancing these benefits with the need to ensure that only those ready for successful reintegration are granted discretionary release, necessitating careful assessment by the parole board.

Related terms

Mandatory Parole:

Mandatory parole occurs automatically after an inmate has served a specific portion of their sentence, without any discretion from a parole board.

Parole Board:

A parole board is a group of officials who assess inmates' readiness for release and make decisions regarding parole eligibility and conditions.

Rehabilitation:

Rehabilitation refers to programs and practices aimed at helping inmates change their behavior and reintegrate into society successfully.