ABSTRACT
The most visible function of a parole board is the discretionary release of an inmate from confinement prior to the expiration of sentence on condition of good behavior in the community. This is commonly known as the parole release decision. However, parole boards have extensive authority to undertake a variety of other functions seldom acknowledged in the justice area. Setting Policy . The parole board enunciates and refines broad policy governing specific areas of parole, such as directives to community supervision officers on offenders whose drug tests show illicit drug use. Some policies require the officer to hold a revocation hearing under Morrissey v. Brewer ; other jurisdictions may only suggest that officers tighten up the conditions of parole (“motivational” jail time, house arrest, or NA). When parole boards establish a “zero-tolerance” policy, a large portion of drug-abusing parolees may be returned to prison. Modification of presumed release date . If an offender is given a presumed release date, it usually is based on conformity to institutional rules. When inmates persistently violate those, a decision may be made to delay release (“extend the time”) based on institutional behavior. In effect, the parole board reinforces control of prison inmates and encourages participation in institutional programs. Commutation of sentence . Inmates serving life sentences or double-life or life-plus-a-day or minimum sentences of several hundred years have few hopes of ever leaving the facility alive. It is possible, however, to petition the executive branch for commutation, a reduction in sentence length. A parole board, whose recommendation for commutation is seriously considered by the governor, usually hears the initial plea. “Lifers” who receive commutations usually leave the penal institution shortly thereafter. Revocation from Parole. If a supervising officer requests a hearing for revocation of parole under Morrissey and the hearing officer finds reasonable cause, the case will be heard by the parole board (or its authorized designee) and the offender’s grant of parole may be revoked. The offender is then returned to prison to serve additional time. Pardon . Only the executive branch may grant a pardon, absolving the offender in part or full from the legal consequences of the crime and conviction. Governors usually receive such petitions after they have been considered by the parole board, generally authorized to advise the governor on these matters. Reprieve . A reprieve is a stay in imposition of sentence, typically associated with death row inmates nearing their execution date. Parole boards, sometimes in conjunction with the governor’s cabinet, may recommend reprieve to a governor. Incapacitation. Some offenders have demonstrated a pattern of violent and dangerous criminal behavior that continues unabated in prison. By denying parole and thus forcing such inmates to serve longer prison sentences, parole boards protect the public through disabling future violent crime. This function is seldom recognized.
