Discretionary release from prison: Reconsidering the place of paroling authorities in states’ criminal sanctioning systems

• In Event: Under-Examined Dimensions of Reentry, Release, and Revocation

Abstract

During the 1980s-1990s, parole boards experienced a marked diminution in the scope of their discretionary release. Yet the reality remains that a majority of states have retained “indeterminate sentencing systems,” in which judges impose a maximum penalty for offenders serving a term of imprisonment while paroling authorities and correctional officials decide the actual date of their release. The parole decision is itself a “sentencing” decision, defining the severity of punishment, and effecting the rehabilitative and crime-control purposes of the criminal law. This presentation will discuss a recently launched national project aimed at engaging key justice system stakeholders in indeterminate sentencing jurisdictions, in crafting and adopting a reform agenda of the prison release process. Preliminary results will be shared of a state-by-state review of the legal structure of parole boards’ statutory authority and the reach of their discretionary decision-making. The presentation will also center on the anticipated end-products of this multi-year project. Ultimately, this project hopes to inform a longer-term conversation that addresses the unrecognized extent to which parole release decisions remain critical elements of many states’ penal and criminal sanctioning policies, in addition to serving as important determinants of prison population size.

Authors

• Edward Rhine, Robina Institute, Univ. of Minnesota Law School

• Kevin Reitz, University of Minnesota