CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Community Corrections and Sentencing course materials.

1. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Parole
• Conditional release, by an administrative act, of a
convicted offender from a penal or correctional
institution, under the continual custody of the state, to
serve the remainder of his or her sentence in the
community under supervision.
(Cromwell and Del Carmen)

2. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Early Release and the Development
of Parole

3. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
English System of “Transportation”
• Banishment to English colonial territories in exchange for
a period of labor in lieu of execution
• Convict was an indentured servant
• Ticket of Leave was instituted in Australia as an early
release from government servitude

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Ticket of Leave
• A license or permit given to a
convict as a reward for good
conduct, which allowed for
early release on the condition
that the individual find work.
Any misconduct or failure to
find work could result in
revocation and return to prison
to serve the duration of the
sentence

5. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Alexandra Maconochie, Northfolk Island and the Birth of
Indeterminate Sentencing and Parole

6. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Mark System
• A system in which offenders are assessed a certain
number of points based on the severity of the crime.
Prisoners could reduce their term and gain release by
earning marks through labor, good behavior, and
educational achievement. (Cromwell and Del Carmen)

7. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Alexandra Maconochie’s Mark system
• Penal Stage
• Associational stage
• Social stage
• Ticket of leave

8. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Sir Walter Crofton and the Irish Ticket of
Leave
• Solitary confinement
• Associational stage
• Intermediate stage
• Conditional release stage

9. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
American Reformatory Movement and the Birth of Parole
Enoch Cobb Wines
• Congregationalist minister and
president of the New York Prison
Commission and the National
Prison Association
Theodore W. Dwight

10. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
REFORMATORY
• AN INSTITUTION FOR
YOUNG OFFENDERS
EMPHASIZING TRAINING,
CLASSIFICATION,
INDETERMINATE
SENTENCES AND PAROLE

11. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
National Congress on Penitentiary and Reformatory Discipline and the
United States Reformatory Movement (Cincinnati 1870)
National Prison Association
Declaration of Principles

12. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
NATIONAL CONGRESS ON PENITENTIARY AND REFORMATORY DISCIPLINE - 1870
DECLARATION OF PRINCIPLES
• REFORMATION, NOT VINDICTIVE SUFFERING, SHOULD BE THE PURPOSE OF PENAL
TREATMENT
• CLASSIFICATION SHOULD BE MADE ON THE BASIS OF A MARK SYSTEM, PATTERNED
AFTER THE IRISH SYSTEM
• REWARDS SHOULD BE PROVIDED FOR GOOD CONDUCT
• THE PRISONER SHOLD BE MADE TO REALIZE THAT HIS DESTINY IS IN HIS HANDS
• THE CHIEF OBSTACLES TO PRISON REFORM ARE THE POLITICAL APPOINTMENT OF
PRISON OFFICIALS, AND THE INSTABILITY OF MANAGEMENT
• PRISON OFFICIALS SHOULD BE TRAINED FOR THEIR JOBS
• INDETERMINATE SENTENCES SHOULD BE SUBSTITUTED FOR FIXED SENTENCES AND
GROSS DISPARITIES IN PRISON SENTENCES SHOULD BE REMOVED

13. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
DECLARATION OF PRINCIPLES cont.
• RELIGION AND EDUCATION WERE CITED AS THE MOST IMPORTANT AGENCIES OF
REFORMATION
• PRISON DISCIPLINE SHOULD BE SUCH AS TO GAIN THE WILL OF THE PRISONER AND
CONSERVE HIS SELF-RESPECT
• THE AIM OF THE PRISON SHOULD BE TO MAKE INDUSTRIOUS FREEMEN RATHER THAN
ORDERLY PRISONERS
• INDUSTRIAL TRAINING SHOULD BE PROVIDED
• SYSTEM OF CONTRACT LABOR SHOUL D BE ABOLISHED

14. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
DECLARATION OF PRINCIPLES cont.
• Prisons should be small and there should be different types of offenders
• These should be revision of the laws in regards to treatment of insane
criminals
• Should be system for collection of penal statistics
• A more adequate architecture should be developed, providing sufficiently for
air and sunlight and for prison hospitals and school rooms

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
ELIMIRA THE FIRST REFORMATORY PRISON
ESTABLISHED 1877
INTRODUCED:
•INDETERMINATE SENTENCING
•CLASSIFICATION
•PAROLE

16. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
The process of early release
Indeterminate
sentencing
Good
Behavior
Parole

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Expansion of Discretionary Parole
1900 -1925

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Reasons for Discretionary Parole’s
Expansion
• Reduce length of incarceration as reward for good
behavior
• Need for community supervision
• Imposition of indeterminate sentencing

19. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Elements of an Effective Discretionary
Parole System
• Flexibility in sentencing and parole laws
• A qualified parole board
• A qualified parole staff
• Freedom from political or improper influences
• Workable position in the governmental structure
• Proper procedures
• Prerelease preparation within the institution
ACA

20. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
The decision to grant discretionary release
• Probability of recidivism
• Welfare of society
• Conduct of the offender while incarcerated
• Sufficiency of the parole plan

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Parole Conditions
• Standard Conditions
• Special Conditions

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Guidelines for setting conditions
• Condition must be clear
• Condition must be reasonable
• Condition must protect society or rehabilitate the
offender
• Condition must be constitutional

23. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Rights of Parolees
• Diminished Rights
• Preferred rights

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Parole Revocation

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© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Morrissey v Brewer (1972)
• Written notice of violations
• Disclosure of evidence
• Right to confront and cross examine witnesses
• A neutral and detached hearing body
• Written reason for revocation

26. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
21st Century Parole and Determinant
Sentencing
Mandatory Release