Parole: Conditions for Receiving, Penalty for Violation

The main conditions for receiving parole

Who gets the right to parole?

It is known, that the most serious punishment is the death penalty, but in most states, it has been canceled long ago. Therefore, imprisonment is a threat to all criminals. This is what we will tell you: what happens in prison, and what are the rights of the prisoner. In the US prisoners have the right to apply for parole, but they need to stay in prison a minimum period, which is different from state to state. Many prisoners can earn parole by “good behavior”. It is believed, that the criminals who have received parole, will behave better in freedom in order to avoid re-incarceration. It is also important to know that some offenders have no right for parole, namely "habitual offenders“, who had been imprisoned not once. In some states the right to parole abolished at all.

The main conditions for receiving parole

It is important to know that parole - is not so much a right as a privilege. After all, to get parole you can be brought before a special commission no once, and no twice. Basically, the first attempt to get parole is disastrous for everyone. But there are exceptions.To get parole prisoner, first of all, has to plead guilty of committing a crime and, of course, he has to repent sincerely. A Commission expects that the prisoner will use government programs that are available in prison (GED program, Alcoholics Anonymous, training programs, etc).
Of course, an important factor for parole is the behavior of the prisoner. In any prison for disorderly behavior prisoners may be ticketed. They can get "major ticket" or "minor ticket." For example, participating in a fight would lead to "major" ticket, and raising the voices at a guard would become a reason for receiving a "minor" ticket - all depends on the circumstances. Of course, the existence of such tickets can be challenged in court, but basically it is upheld as valid. Commission on parole may draw attention to age of the prisoner, health status and amount of years in prison, or how much years left till the end of the term. Each state has its own criteria for decision-making.
An important factor in the decision on parole is the probability that the releasing people may again commit a crime. That is, the main task of the commission is not to unleash a potentially dangerous person to society.
We have already mentioned in the previous article that some prisoners are not eligible for parole because of the policy of the state or particularly serious crimes they have committed. The defendants were sentenced to life in prison can rely to parole, but the sentence must be with the condition that they get "parolable life," but if it is "non-parolable life", they cannot rely on that. Prisoners to life must wait fifteen or twenty years before the filing of the first application for parole.

How long does parole?

The length of parole depends primarily on the behavior of the defendant. If during the parole defendant violates parole conditions, he can be returned to prison to complete a full sentence. In most states, if the early release of prisoners over a period behaves diligently, without breaking the law, he can be discharged from parole. (In different states of the deadline for removal of parole may be different)

Stages of full removal of parole

Parole goes through several stages. At the beginning the defendant is transferred into less secure prison facilities. If a prisoner here neglects the internal rules, he will be sentto more guarded prisonfor the remaining period of term. In secure prison prisoners are allowed to work not only in prison but also outside it. Prisoners provide employment through government programs or through private employers. If the prisoner's behavior does not change for the worse, and is diligent, he may qualify for placement in a half-way house, where he can live and work, and get one or two days off to spend time on his own without supervision. If a prisoner is carried out term in a half-way housewithout violating, he is released from parole, and he becomes a full member of society.

How is control over the parole of prisoners?

You should not think that getting the parole is granted prisonerto himself. Throughout the period he is under the control of the parole officer. He may be appointed wearing of special electronic device that makes it easier to control his movements. The prisoner must meet with his parole officer once a week or once a day or keep in touch with him by phone. Any travel and change of work should be coordinated with the parole officer. Travel abroad is strictly prohibited. Meeting with the parole officer is one of the conditions of parole. Prisoners on parole do not have the right to communicate with the criminal world, it will threaten by imprisonment. Also prisoners on parole are not entitled to the use of alcohol and drugs. If parole officer will notice something like that, prisoners will be appointed a medical check. If any prisoner has mental health problems, he will be sent to professional advice. In case of refusal to do any of the above, he will be sent to prison.

Is it possible to leave the country while on parole?

As we said above, prisoners on parole do not have the right to leave the country, and this should not be news to them. But there are exceptions. The parole officer may allow a short trip to attend the funeral or to care for a sick relative. Such exceptions are rare, because a very large responsibility is falling on the shoulders of the parole officer. In the case when the trip is approved, the control for prisoners is transferred to the police department on the new place of residence.

The consequences of violating parole

As a general rule if the prisoner is charged with violation parole, he has the right to appeal it at an administrative hearing. In such case it will be held two administrative hearing. The first one will be devoted to whether to detain parolee to full hearing, and the second one will determine if the parolee has really violated the law. Failure to attend a meeting with the parole officer, relationship with criminals, the connection with drugs and weapons are every reason to return to prison. Moreover, the sentence may be revised depending on the severity of the violation.

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