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Parole is the release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period, originating from the French parole ("voice, spoken words" but also "promise"). The term became associated during the Middle Ages with the release of prisoners who gave their word.
A prisoner is a person who is deprived of liberty against his or her will. This can be by confinement, captivity, or by forcible restraint. The term applies particularly to serving a prison sentence in a prison. This term does not apply to defendants who are pre-trial.
French is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the spoken Latin in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French (Francien) has largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the (Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French.
In the history of Europe, the Middle Ages lasted from the 5th to the 15th century. It began with the fall of the Western Roman Empire and merged into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages.
This differs greatly from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, not voting in an election, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment and keeping required appointments with a parole officer. Should a parolee have legal dependents, namely minor children, the parolee may also be required to show cause of being a dedicated caregiver. A specific type of parole is medical parole or compassionate release which is the release of prisoners on medical or humanitarian grounds. Some justice systems, such as the United States federal system, place defendants on supervised release after serving their entire prison sentence; this is not the same as parole. In Colorado, parole is an additional punishment after the entire prison sentence is served, called "mandatory parole", per §18-1.3-401(1)(a)(V)(B).
Amnesty is defined as: "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been convicted." It includes more than pardon, inasmuch as it obliterates all legal remembrance of the offense. Amnesty is more and more used to express "freedom" and the time when prisoners can go free.
Compassionate release is a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing". Compassionate release procedures, which are also known as medical release, medical parole, medical furlough and humanitarian parole, can be mandated by the courts or by internal corrections authorities. Unlike parole, compassionate release is not based on a prisoner's behavior or sentencing, but on medical or humanitarian changes in the prisoner's situation.
Colorado is a state of the Western United States encompassing most of the southern Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. It is the 8th most extensive and 21st most populous U.S. state. The estimated population of Colorado was 5,695,564 on July 1, 2018, an increase of 13.25% since the 2010 United States Census.
Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned through good behaviour, labour, and study. The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and they would start all over again through the ranks of the three-grade process.He reformed its ticket of leave system, instituting what many consider the world's first parole system. Prisoners served indeterminate sentences from which they could be released early if they showed evidence of rehabilitation through participation in a graded classification system based on a unit of exchange called a mark. Prisoners earned marks through good behavior, lost them through bad behavior, and could spend them on passage to higher classification statuses ultimately conveying freedom.
Alexander Maconochie was a Scottish naval officer, geographer, and penal reformer.
The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by the English kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against the Kingdom of France. The modern Royal Navy traces its origins to the early 16th century; the oldest of the UK's armed services, it is known as the Senior Service.
Norfolk Island is an island in the Pacific Ocean located between Australia, New Zealand, and New Caledonia, 1,412 kilometres (877 mi) directly east of mainland Australia's Evans Head, and about 900 kilometres (560 mi) from Lord Howe Island. Together with the two neighbouring islands Phillip Island and Nepean Island it forms one of the Commonwealth of Australia's external territories. At the 2016 Australian census, it had 1748 inhabitants living on a total area of about 35 km2 (14 sq mi). Its capital is Kingston.
In an instance of multiple discovery, in 1846, Arnould Bonneville de Marsangy proposed the idea of parole (which he termed "preparatory liberations") to the Civil Tribunal at Reims.
The concept of multiple discovery is the hypothesis that most scientific discoveries and inventions are made independently and more or less simultaneously by multiple scientists and inventors. The concept of multiple discovery opposes a traditional view—the "heroic theory" of invention and discovery.
Arnould Bonneville de Marsangy, born in Mons in 1802 and died in 1894 to Paris was a French magistrate.
Reims is a city in the Grand Est region of France, lying 129 km (80 mi) east-northeast of Paris. The 2013 census recorded 182,592 inhabitants in the city of Reims proper, and 317,611 inhabitants in the metropolitan area. Its primary river, the Vesle, is a tributary of the Aisne.
In general, in Canada, prisoners are eligible to apply for full parole after serving one-third of their sentences.Prisoners are also eligible to apply for day parole, and can do this before being eligible to apply for full parole.
The Parole Board of Canada is a Canadian government agency that operates under the auspices of Public Safety Canada.
Day parole is a form of release under Canadian law that permits prisoner participation in public activities during the day, and requires they return to their prison or halfway house nightly. The Parole Board of Canada may waive this requirement, or choose to impose additional conditions. This is often preparatory for statutory release or full parole.
Any prisoner whose sentence is less than two years is sent to a correctional facility in the province or territory that convicted him or her, whilst anyone sentenced to serve no less than two years will be sent to a federal correctional facility and will thus have to deal with the Parole Board of Canada.
Correctional services are operated by both the federal and provincial governments. Offenders who receive sentences of less than two years or who receive community sentences such as fines, community service work or probation are under provincial jurisdiction. Offenders who receive prison sentences of two years or more are the responsibility of the federal government. Young offender services, including pre-trial supervision, community and custody sentences and Extrajudicial Sanctions Programs, are the responsibility of the provincial government.
The Correctional Service of Canada, also known as Correctional Service Canada or Corrections Canada, is the Canadian federal government agency responsible for the incarceration and rehabilitation of convicted criminal offenders sentenced to two years or more. The agency has its headquarters in Ottawa, Ontario.
Parole is an option for most prisoners. However, parole is not guaranteed, particularly for prisoners serving life or indeterminate sentences. In cases of first-degree murder, one can apply for parole after 25 years if convicted of a single murder. However, if convicted of multiple murder (either first or second-degree), the sentencing judge has the option to make parole ineligibility periods consecutive - thereby extending parole ineligibility beyond 25 years and, in rare cases, beyond a normal life-span.
In China, prisoners are often granted medical parole or compassionate release, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Occasionally, medical parole is used as a no-publicity way of releasing an accidentally imprisoned convict.
The Chinese legal code has no explicit provision for exile, but often dissidents are released on the grounds that they need to be treated for a medical condition in another country, and with the understanding that they will be reincarcerated if they return to China. Dissidents who have been released on medical parole include Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.
Until 2001, parole in Israel was possible only after the prisoner had served two thirds of their sentence. On 13 February 2001 the Knesset passed a bill, brought forward by Reuven Rivlin and David Libai, which allowed the early release of prisoners who had served half of their prison term. The law was originally intended to help ease overcrowding in prisons.
Libertà condizionata is covered by Article 176 of the Italian Penal Code. A prisoner is eligible if he has served at least 30 months (or 26 years for life sentences), and the time remaining on his sentence is less than half the total (normally), a quarter of the total (if previously convicted or never convicted) or five years (for sentences greater than 7.5 years). In 2006, 21 inmates were granted libertà condizionata.[ citation needed ]
In New Zealand, inmates serving a short-term sentence (up to two years) are automatically released after serving half their sentence, without a parole hearing[ citation needed ]. Inmates serving sentences of more than two years are normally seen by the New Zealand Parole Board after serving one-third of the sentence, although the judge at sentencing can make an order for a minimum non-parole period of up to two-thirds of the sentence. Inmates serving life sentences usually serve a minimum of 10 years, or longer depending on the minimum non-parole period, before being eligible for parole. Parole is not an automatic right and it was declined in 71 percent of hearings in the year ending 30 June 2010. Many sentences include a specific non-parole period.
Parole in the United Kingdom was originally the bailiwick of just the Parole Board, but is now regulated by the National Offender Management Service.The conditions of release are called a licence, and parole is called released on licence. There are six standard licence conditions for most (non-life sentence) prisoners.
Sexual offenders have a seventh condition.[ citation needed ] Further "additional licence conditions" may be suggested by the Probation Service and set by prison governors. Since 2014 many of the probation and license monitoring functions have been carried out by private-sector "community rehabilitation companies" (CRCs).
Penologist Zebulon Brockway introduced parole when he became superintendent of Elmira Reformatory in Elmira, New York. To manage prison populations and rehabilitate those incarcerated, he instituted a two-part strategy that consisted of indeterminate sentences and parole releases.
In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole. This is often done by specifying an indeterminate sentence of, say, "15 to 25 years", or "15 years to life". The latter type is known as an indeterminate life sentence; in contrast, a sentence of "life without the possibility of parole" is known as a determinate life sentence.
On the federal level, Congress abolished parole in the Comprehensive Crime Control Act of 1984 (Pub. L. No. 98-473 § 218(a)(5), 98 Stat. 1837, 2027 [repealing 18 U.S.C.A. § 4201 et seq.]). Federal prisoners may, however, earn a maximum of 54 days good time credit per year against their sentence (18 U.S.C.A. § 3624(b)). At the time of sentencing, the federal judge may also specify a post-imprisonment period of supervised release.The U.S. Parole Commission still has jurisdiction over parole for those prisoners convicted of felonies in the District of Columbia and who are serving their sentences there, as well as over certain federally incarcerated military and international prisoners.
In most states, the decision of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as Social Security if the prisoner is old enough to qualify). Many states now permit sentences of life imprisonment without the possibility of parole (such as for murder and espionage), and any prisoner not sentenced to either this or the death penalty will eventually have the right to petition for release (one state – Alaska –maintains neither the death penalty nor life imprisonment without parole as sentencing options).
Before being granted the privilege of parole, the inmate meets with members of the parole board and is interviewed, The parolee also has a psychological exam. The inmate must first agree to abide by the conditions of parole set by the paroling authority. While in prison, the inmate signs a parole certificate or contract. On this contract are the conditions that the inmate must follow. These conditions usually require the parolee to meet regularly with his or her parole officer or community corrections agent, who assesses the behavior and adjustment of the parolee and determines whether the parolee is violating any of his or her terms of release (typically these include being at home during certain hours which is called a curfew, maintaining steady employment, not absconding, refraining from illicit drug use and, sometimes, abstaining from alcohol), attending drug or alcohol counseling, and having no contact with their victim. The inmate gives an address which is verified by parole officers as valid before the inmate is released to parole supervision.
Upon release, the parolee goes to a parole office and is assigned a parole officer. Parole officers make unannounced visits to parolees' houses or apartments to check on them. During these home visits officers look for signs of drug or alcohol use, guns or illegal weapons, and other illegal activities. Should parolees start to use drugs or alcohol, they are told to go to drug or alcohol counseling and Narcotics Anonymous or Alcoholics Anonymous meetings. Should they not comply with conditions on the parole certificate (including abstention from voting) a warrant is issued for their arrest. Their parole time is stopped when the warrant is issued and starts only after they are arrested. They have a parole violation hearing within a specified time, and then a decision is made by the parole board to revoke their parole or continue the parolee on parole. In some cases, a parolee may be discharged from parole before the time called for in the original sentence if it is determined that the parole restrictions are no longer necessary for the protection of society (this most frequently occurs when elderly parolees are involved).
Service members who commit crimes while in the U.S. military may be subject to court martial proceedings under the Uniform Code of Military Justice (UCMJ). If found guilty, they may be sent to federal or military prisons and upon release may be supervised by U.S. Federal Probation officers.
The United States is the only nation in the world where parole is a politically divisive issue. According to the U.S. Department of Justice, at least sixteen states have removed the option of parole entirely, and four more have abolished parole for certain violent offenders.During elections, politicians whose administrations parole any large number of prisoners (or, perhaps, one notorious criminal) are typically attacked by their opponents as being "soft on crime". The U.S. Department of Justice (DOJ) stated in 2005 that about 45% of parolees completed their sentences successfully, while 38% were returned to prison, and 11% absconded. These statistics, the DOJ says, are relatively unchanged since 1995; even so, some states (including New York) have abolished parole altogether for violent felons, and the federal government abolished it in 1984 for all offenders convicted of a federal crime, whether violent or not. Despite the decline in jurisdictions with a functioning parole system, the average annual growth of parolees was an increase of about 1.6% per year between 1995 and 2002.
A variant of parole is known as "time off for good behavior", or, colloquially, "good time". Unlike the traditional form of parole –which may be granted or denied at the discretion of a parole board –time off for good behavior is automatic absent a certain number (or gravity) of infractions committed by a convict while incarcerated (in most jurisdictions the released inmate is placed under the supervision of a parole officer for a certain amount of time after being so released). In some cases "good time" can reduce the original sentence by as much as one-third. It is usually not made available to inmates serving life sentences, as there is no release date that can be moved up.
Some states in the United States have what is known as "mandatory supervision", whereby an inmate is released before the completion of their sentence due to legal technicalities which oblige the offender justice system to free them. In the federal prison system,and in some states such as Texas, inmates are compensated with "good time", which is counted towards time served. For example, if an inmate served five years of a ten-year prison term, and also had five years of "good time", they will have completed their sentence "on paper", obliging the state to release them unless deemed a threat to society in writing by the parole board. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for it or does not. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released.
In US immigration law, the term parole has two meanings related to allowing persons to enter or leave the United States without the normally required documentation.
Parole is "the agreement of persons who have been taken prisoner by an enemy that they will not again take up arms against those who captured them, either for a limited time or during the continuance of the war."The US Department of Defense defines parole more broadly: "Parole agreements are promises given the captor by a POW to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint."
The practice of paroling enemy troops began thousands of years ago, at least as early as the time of Carthage.Parole allowed the prisoners' captors to avoid the burdens of having to feed and care for them while still avoiding having the prisoners rejoin their old ranks once released; it could also allow the captors to recover their own men in a prisoner exchange. Hugo Grotius, an early international lawyer, favorably discussed prisoner of war parole. During the American Civil War, both the Dix–Hill Cartel and the Lieber Code set out rules regarding prisoner of war parole. Francis Lieber's thoughts on parole later reappeared in the Declaration of Brussels of 1874, the Hague Convention, and the Geneva Convention Relative to the Treatment of Prisoners of War.
In the United States, current policy prohibits US military personnel who are prisoners of war from accepting parole. The Code of the United States Fighting Force states: "I will accept neither parole nor special favors from the enemy."The position is reiterated by the Department of Defense. "The United States does not authorize any Military Service member to sign or enter into any such parole agreement."
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Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.
A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom, the United States, and New Zealand. A related concept is the board of pardons and paroles, which may deal with pardons and commutations as well as paroles.
Probation and Parole Officers play a role in the criminal justice systems by supervising offenders released from prison or sentenced to non-custodial sanctions such as community service. In some jurisdictions probation and parole officers are involved in presenting reports on offenders and making sentencing recommendation to courts of law.
The U.S. Probation and Pretrial Services System, also called the Office of Probation and Pretrial Services, part of the Administrative Office of the United States Courts, is the office of the federal judiciary of the United States. It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law.
Elmira Correctional Facility, also known as "The Hill", is a maximum security state prison located in Chemung County, New York, in the City of Elmira. It is operated by the New York State Department of Corrections and Community Supervision. The supermax prison, Southport Correctional Facility, is located two miles away from Elmira.
The Tennessee Department of Correction (TDOC) is a Cabinet-level agency within the Tennessee state government responsible for the oversight of more than 20,000 convicted offenders in Tennessee's fourteen prisons, three of which are privately managed by the Corrections Corporation of America. The department is headed by the Tennessee Commissioner of Correction, who is currently Tony Parker. TDOC facilities' medical and mental health services are provided by Corizon. Juvenile offenders not sentenced as adults are supervised by the independent Tennessee Department of Children's Services, while inmates granted parole or sentenced to probation are overseen by the Department of Correction (TDOC)/Department of Parole. The agency is fully accredited by the American Correctional Association. The department has its headquarters on the sixth floor of the Rachel Jackson Building in Nashville.
The United States Penitentiary, Atwater is a high-security United States federal prison for male inmates in California. The institution also includes a minimum-security satellite camp. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
Central California Women's Facility (CCWF) is a female-only California Department of Corrections and Rehabilitation state prison located in Chowchilla, California. It is across the road from Valley State Prison. CCWF prison is the largest female correctional facility in the United States, and houses the only State of California death row for women.
The New Hampshire Department of Corrections is an executive agency of the U.S. state of New Hampshire; charged with overseeing the state correctional facilities, supervising probation and parolees, and serving in an advisory capacity in the prevention of crime and delinquency. As of June 30, 2013, the Department had an inmate population of 2,791, 15,267 on probation or parole, and 893 total employees, 470 as corrections officers and 64 as probation/parole officers. The agency has its headquarters in Concord.
In the United States, 1 in 2,000 people are imprisoned for life. This is similar to the total imprisonment rate in Japan, which is roughly 51 per 100,000 residents. There are many U.S. states in which a convict can be released on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States divide life sentences between "determinate life sentences" and "indeterminate life sentences." For example, sentences of "15 years to life," "25 years to life," or "life with mercy" may be given, which is called an "indeterminate life sentence." A sentence of "life without the possibility of parole" or "life without mercy" is called a "determinate life sentence" because a sentence of "15 years to life" means that it is a life sentence with a non-parole period of 15 years. Parole is not guaranteed but discretionary and so that is an indeterminate sentence. Even if a sentence specifically denies the possibility of parole, government officials may have the power to grant an amnesty, to reprieve, or to commute a sentence to time served.
The Patuxent Institution is located in Jessup, Maryland one mile east of US Route 1 on Maryland Route 175. It is a treatment-oriented maximum-security correctional facility. With a maximum static capacity of 987 beds, it offers the most diverse services to the most varied male and female offender population in the state, and possibly in the nation. Patuxent Institution is the only institution for sentenced criminals in Maryland that is not part of the Maryland Department of Public Safety and Correctional Services. Its foundation lies in the Maryland Public General Law, codified as Title 4 of the Correctional Services Article. The predecessor of this statute, Article 31B of the Public General Laws of Maryland, was enacted in 1951.
In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the US must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.
The Parole Board for England and Wales was established in 1968 under the Criminal Justice Act 1967. It became an independent executive non-departmental public body (NDPB) on 1 July 1996 under the Criminal Justice and Public Order Act 1994. The Parole Board is governed by the Parole Board Rules 2016 made by Parliament under the Criminal Justice Act 2003. Parole Board members are appointed by the Secretary of State for Justice, but are required to take judicial decisions independent of Government. The Parole Board's role is to make risk assessments about prisoners and to make a binding direction to Government about whether prisoners are released into the community on parole. The Parole Board must also give advice to Government when asked, most often about whether offenders are ready to be moved to open prisons from the closed prison estate.
The Department of Public Safety and Corrections (DPS&C) is a state agency of Louisiana, headquartered in Baton Rouge. The agency comprises two major areas: Public Safety Services and Corrections Services. The Secretary, who is appointed by the Governor, serves as the department's chief executive officer. The Corrections Services Deputy Secretary, Undersecretary, and Assistant Secretaries for the Office of Adult Services and the Office of Youth Development report directly to the Secretary. Headquarters Administration consists of centralized Divisions that support the management and operations of the adult and juvenile institutions, adult and juvenile probation and parole district offices, and all other services provided by the department.
The New York State Division of Parole is an agency of the government of New York within the New York State Correctional Services § 259. "1. There shall be in the executive department of state government a state division of parole. [...]" responsible for parole, the supervised release of a prisoner before the completion of his/her sentence.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life. Such a sentence is unconstitutional today, particularly in the United States.
Federal parole in the United States is a system that is implemented by the United States Parole Commission. Persons eligible for federal parole include persons convicted under civilian federal law before November 1, 1987, persons convicted under District of Columbia law, "transfer treaty" inmates, persons who violated military law who are in federal civilian prisons, and persons who are defendants in state cases and who are under the U.S. Marshals Service Witness Protection Program.
Rehabilitation policies are those that intend to reform criminal offenders rather than punish them or segregate them from the greater community.
The New Zealand Parole Board is an independent statutory body established in 2002 that considers offenders for parole. Its task "is to undertake an assessment of the risk that long-term sentenced offenders might pose to the safety of the community if they were to be released before the end of their sentence". The Board also sets conditions of release for offenders so their reintegration back in to the community can be effectively managed. Once the conditions are set it becomes the responsibility of Community Corrections to manage the offender." 'Long term' is defined as more than 24 months. Short-term prisoners are automatically released after serving half their sentence.
Historical innovations are often created independently and almost simultaneously. This seems to be the case about the origins of parole, especially in view of factors of time and means of communication. In effect, Maconochie developed his scheme in the years 1840-1844 as governor of Norfolk Island, a famous penal colony east of Australia, whereas Bonneville's ideas came out in the years 1846-1847. Our knowledge of the slowness of communications at the time, especially in such a sector of activity, leaves us with the impression that Bonneville really did not know about Maconochie's proposal.
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