Parole and probation boards decide when and under what conditions to release prisoners and establish probation terms. Factors considered include behavior in prison, risk of recidivism, and input from law enforcement, victims, and their families. Penalties for probation violations may include returning to prison or additional restrictions.
While they may vary from country to country in common law nations and from state to state in the United States, the functions of a parole board are generally the same. Probation boards decide when and under what conditions of probation to release a prisoner from custody. A parole board uses information from the correctional departments regarding the inmate and attempts to balance rehabilitation interests with the possibility of further criminal activity and societal safety.
The legislature determines the precise powers and functions of a parole board, and its administrative rules have the force of law. In some jurisdictions, the parole board may decide to release a prisoner at any time within the statutory minimum and maximum sentence range for a particular crime. However, many jurisdictions impose mandatory minimum sentences for some crimes or require the prisoner to serve a specific percentage of his sentence. The law may also require a parole board or other administrative body to give an inmate “good” credit against his sentence for every day without a infraction of prison rules. A parole board must also take into account the time the remand prisoner spent in determining a release date.
In deciding whether to grant parole, council members may consider factors such as the inmate’s behavior in prison, any classes or counseling the inmate may have attended, or job skills acquired. Risk assessment is also an important part of the probation decision. Board members must assess an inmate’s likelihood of recidivism, particularly in cases involving violent crimes and offenses against children. In making its decision, a parole board must consider not only the crime and the prisoner’s conduct in prison, but also the views of law enforcement, prosecutors, victims and their families.
Establishing the conditions of probation for an inmate is another of the tasks assigned to probation boards. Probation boards often develop probation terms with the assistance of corrections officers, an inmate’s assigned parole officer, and community groups. Some standard terms of probation stipulate that the parolee may not possess firearms, consume alcohol or illegal substances, or leave the jurisdiction without permission from a probation officer. Other conditions might include that the person on probation lives in a specific location, such as a nursing home, at the time of release, or continues in a specific course of treatment, such as sex offender counseling, or gets a job.
Many probation boards determine the penalties for probation violations. Penalties can include ordering the probationer to return to prison and serve the remainder of his sentence. Another type of penalty available is the addition of further restrictions to probation conditions, such as wearing an ankle monitor, undergoing random drug tests, or home confinement except for work purposes. Some jurisdictions set the length of probation at a fixed number of years. In others, the probation board monitors the probation until it is successfully completed and may extend the term of the probation.
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