10.3 Incarceration: Intake and Release
Assessments are conducted by community corrections officers and other professionals at various stages of an individual’s involvement with the justice system. Initially administered during prison intake, they examine factors such as the offender’s risk of re-offending and their specific needs for rehabilitation and support. Similarly, prior to an inmate’s release, these evaluations help classify the level of risk the individual poses to society and inform decisions about the most effective programs to facilitate their reintegration into the community. By systematically considering these factors, risk and needs assessments play a crucial role in customizing interventions designed to reduce recidivism and enhance public safety.
Risk and Needs Assessments
Risk and needs assessments are core tools used to analyze offenders’ circumstances and determine appropriate interventions. Risk and needs assessments have undergone significant transformations over the years, reflecting advancements in research and technology that have improved accuracy and fairness. First-generation risk assessments heavily relied on the criminal history of offenders and the subjective judgments of professionals performing the assessments (Byrne & Pattavina, 2017). While these methods provided some insights into an individual’s potential for re-offending, they were susceptible to biases and human error, which could compromise the validity and integrity of the assessments.
The second generation of risk assessments introduced structured risk assessment instruments that incorporated static risk factors shown to be predictive of future criminal behavior. Research findings indicated that integrating static risk assessments improved accuracy by approximately 10% compared to relying solely on professional judgment (Gottfredson & Moriarty, 2006). These instruments represented a groundbreaking advancement in standardizing risk assessment practices and mitigating discrepancies and inconsistencies in decision-making across jurisdictions. Moreover, this transition from subjective judgment to more objective criteria substantially enhanced the reliability of risk assessments.
The third generation of risk and needs assessments signaled a major refinement by adding in dynamic risk factors, such as recent employment history and social relationships, to form what is now known as risk and needs assessments. This approach acknowledged that criminogenic needs and risk factors can evolve over time, emphasizing the importance of tailoring interventions to meet these changing dynamics. By incorporating both static risk factors and dynamic needs, this approach offers a more precise and less biased screening process for individuals entering incarceration and those returning to society. Risk and needs assessments gained prominence in the beginning of the 21st century for their ability to convey a comprehensive and nuanced understanding of an individual’s risk profile.
The fourth generation of risk and needs assessments moved beyond merely identifying risk factors by integrating data-driven methodologies that could be used to perfect rehabilitative program planning and implementation (Andrews et al., 2006). This current approach uses dynamic risk factors to customize interventions and select the most suitable programs for offenders or ex-offenders. While the third generation of risk and needs assessments also incorporated dynamic factors, the fourth generation can more closely match individuals with interventions that specifically address their unique needs, thereby reducing their likelihood of re-offending. Essentially, the fourth generation enables ongoing monitoring and empowers community corrections officers to implement efficient case management strategies over time.
Robust and accurate risk and needs assessments are key to providing the best opportunity for rehabilitation while lowering costs and protecting the public. These assessments not only assist in identifying the most effective prison programs, they play vital roles in determining the offender’s post-release needs and risks. For instance, appreciating the factors underlying an ex-offender’s challenges in securing employment—such as drug addiction, mental health issues, educational deficiencies, lack of vocational skills, or limited opportunities—equips parole and community corrections officers with crucial information necessary to support these individuals in maintaining lawful conduct and avoiding criminal behavior. As risk and needs assessments continue to advance, they are poised to play an increasingly integral role in shaping interventions that meet the complex needs of individuals as they transition from incarceration to society, thereby fostering long-term rehabilitation and assuring community safety.
Types of Release
Incarceration release is a critical phase in the criminal justice system as the individual reintegrates into society after serving time in a correctional facility. According to Hughes & Wilson (2003), 95% of all prison inmates will eventually return to society. This process involves various release mechanisms adapted to different circumstances and legal considerations. For some incarcerated individuals, release is scheduled based on a predetermined date, while others await approval from a parole board. In certain cases, incarcerated individuals may be granted early release for medical reasons or to arrange end-of-life care. Each type of release serves a distinct purpose. Regardless of the specific pathway, these important transitions are shaped by legal, procedural, and personal factors. Understanding the complexities of incarceration release is essential in helping incarcerated individuals successfully move from incarceration back into the community.
Discretionary Release
Discretionary release, commonly referred to as parole or parole release, is a mechanism used in states with indeterminate sentencing. Under this system, judges establish the sentence parameters, while a parole board evaluates whether an incarcerated individual qualifies for early release. The parole board’s decision is based on a comprehensive review of multiple factors, including the nature and severity of the offense, risk and needs assessment scores, the individual’s behavior and disciplinary record during incarceration, and their participation record in rehabilitation programs. This process ensures that parole is awarded only to incarcerated individuals who demonstrate both a readiness for successful reintegration and a low risk to society. Discretionary release provides incarcerated individuals with the opportunity to reintegrate into society under the supervision of community corrections officers, thereby promoting rehabilitation and alleviating prison overcrowding.
Mandatory Release
Mandatory release is a structured approach predominantly utilized in federal jurisdictions and states with determinate sentencing frameworks. This process involves the release of incarcerated individuals after they have served their full sentence, reduced by any accrued good time or earned release time. The eligibility for mandatory release is governed by the legal statutes of the state or the federal jurisdiction where the individual was sentenced. The number of good time credits or earned release time an individual can accrue varies depending on the type of crime committed, as outlined in legal statutes, such as Wash. Rev. Code § 9.94A.729 (2009). The ability to accumulate good time credits serves as an incentive for incarcerated individuals to exhibit good behavior and participate in rehabilitation programs during incarceration. This dual purpose approach not only aids in the rehabilitation of offenders but also helps to manage and reduce prison populations. Upon release, paroled individuals are typically required to remain under the supervision of the department of corrections, either through parole or another form of community supervision, for the rest of their original sentence. This ongoing supervision is designed to facilitate the individual’s reintegration into society, support continued rehabilitation efforts, and assure compliance with conditions that promote public safety.
Expiration Release
Expiration release occurs when an incarcerated individual has served the entirety of their sentence without being granted parole, good time, or any other form of early release. Unlike discretionary or mandatory release, incarcerated individuals who reach expiration release have fulfilled their full term and are generally released without further supervision by the criminal justice system. However, they may still be subject to ongoing legal obligations or restrictions depending on the nature of their offense, such as sex offender registration or the revocation of certain licenses. Expiration release poses unique challenges for reintegration because these individuals often lack access to the structured support services given to those on parole, probation, and other forms of community supervision. Consequently, they may encounter serious difficulties in securing employment, housing, and other essential resources, which are crucial for successful reentry into society. The absence of ongoing supervision and support from parole or community corrections officers can complicate the reintegration process, thereby increasing the difficulty of avoiding recidivism and achieving long-term stability.
Compassionate Release
Compassionate release is a legal mechanism that permits early release to incarcerated individuals who are terminally ill, elderly, or suffering from significant medical conditions, regardless of their eligibility for other forms of release, such as parole or expiration release. This humanitarian measure allows these individuals to receive necessary medical care outside of the prison environment and make arrangements for end-of-life care when continuing incarceration serves little purpose. By releasing eligible inmates under compassionate grounds, the criminal justice system recognizes humanitarian concerns while potentially reducing the financial burden associated with providing extensive medical treatment within prisons. Securing compassionate release involves navigating stringent legal and procedural requirements. The decision is made after careful consideration of medical evidence, risk and needs assessment, and public safety concerns. This process underscores the delicate balance between compassion for incarcerated individuals in dire medical need and the responsibility to uphold justice and public safety.
Probationary Release
Probationary release is a judicial practice primarily used in jails rather than prisons and is often linked with shock incarceration or shock probation. Probationary release serves two purposes. Firstly, it provides offenders with a direct experience of incarceration to impress upon them the realities of jail life and the potential consequences of noncompliance with probation conditions. Secondly, probation release may be implemented when a judge issues a split sentence, where offenders serve an initial incarceration period, typically in jail, followed by supervised probation. This sentencing approach balances punitive measures with opportunities for rehabilitation and community reintegration. By enabling offenders to transition from incarceration to probation, the justice system strives to foster accountability, facilitate behavioral change, and diminish the prospects of recidivism and subsequent incarceration. This structured release mechanism not only underscores the repercussions of criminal conduct but also establishes a framework for individuals to reconstruct their lives under supervised conditions designed to encourage lawful behavior and promote successful community integration.
Reinstatement Release
A Reinstatement release occurs when a previously incarcerated individual is returned to prison for violating the terms of their parole or, in states without parole systems, for breaching the conditions of their community corrections agreement. This period of re-incarceration is an opportunity for reevaluation and corrective action that enforce consequences for these violations. After a brief term of incarceration, the individual is released back into the community under the supervision of a parole or community corrections officer. This supervision ensures compliance with release conditions and facilitates successful reintegration into society.
During reinstatement release, the individual undergoes reassessment of their risk factors, participation in rehabilitative programs, and adherence to conditions that promote lawful behavior and successful community integration. The mandated length of supervision may be extended to give prolonged support and oversight. The goal of reinstatement release is twofold: to uphold accountability for parole or community corrections violations, and to encourage positive behavioral changes conducive to lawful living. This approach is structured to address public safety concerns and create opportunities for rehabilitation, thus reducing the likelihood of future criminal behavior.
Attributions
- Figure 10.13: Prison inmate walking with guard by Jobs For Felons Hub is released under CC BY 2.0
- Figure 10.14: Harry Sommers Parole Work Pass, 1918 by Mennonite Church USA Archives in the public domain; “No known copyright restrictions.”
Criminal justice professionals responsible for supervising individuals who have been convicted of crimes but are serving a portion or all of their sentence within the community rather than in a traditional correctional facility. This includes probationers, parolees, and other individuals completing sentences of intermediate sanction based in the community. Community correction officers often work in conjunction with various stakeholders, including law enforcement agencies, social service providers, and the judicial system, to address the needs of offenders while promoting accountability and rehabilitation. Their multifaceted role aims to balance the needs of offenders with the safety and well-being of the community.
Structured processes used to evaluate offenders' likelihood of re-offending and identify factors that contribute to their criminal behavior. These assessments typically involve standardized tools and interviews conducted by trained professionals. Risk assessments aim to predict the probability of future criminal behavior based on factors such as criminal history, substance abuse, and employment stability. Needs assessments, on the other hand, identify criminogenic needs—such as lack of education, substance abuse issues, or mental health problems—that, if addressed, can reduce the likelihood of re-offending. Together, these assessments inform decision-making regarding supervision, treatment, and programming to enhance public safety and facilitate offender rehabilitation.
A term used to describe factors, conditions, or environments that are likely to cause or contribute to criminal behavior. Criminogenic elements may include certain individual traits, such as impulsivity or antisocial attitudes, as well as social conditions, like poverty, peer influence, or family dysfunction. Understanding criminogenic factors is essential in the field of criminal justice for developing effective prevention and intervention strategies.
A governing body within the criminal justice system responsible for determining whether an incarcerated individual is eligible for release from prison before the completion of their full sentence under certain conditions. The board evaluates various factors, including the offender's behavior while incarcerated, the nature of the offense, risk assessment, rehabilitation, and the potential for successful reintegration into society, to make informed decisions about whether to grant parole and under what conditions. Parole boards typically establish conditions of release and supervise parolees, and they may revoke parole if conditions are violated. Parole boards play a crucial role in the criminal justice system by facilitating the reintegration of offenders into society while ensuring public safety.
A decision-making process within the criminal justice system where an inmate becomes eligible for parole or early release from incarceration based on the discretion of parole boards or other authorized authorities. This release is contingent upon the evaluation of factors such as the inmate's behavior, rehabilitation progress, and perceived risk to society, aiming to balance public safety with the potential for successful reintegration into the community.
A supervised release of a prisoner before the completion of their full sentence. It involves the conditional release of an inmate into the community under the supervision of a parole officer, subject to compliance with specific terms and conditions. These conditions typically include regular reporting to the parole officer, maintaining steady employment or pursuing education, and refraining from criminal behavior. Parole aims to facilitate the offender's successful reintegration into society while also serving as a mechanism for monitoring and managing their behavior to minimize the risk of recidivism.
A sentencing model in criminal justice where the length of incarceration is not fixed but rather falls within a range determined by specified legal statutes or guidelines. The actual time served is determined by a parole board or similar authority based on the offender's behavior, rehabilitation progress, and other factors. This system allows for flexibility in tailoring the punishment to the individual circumstances of the case and the offender's potential for reintegration.
In the criminal justice context, mandatory release refers to the statutory requirement for the release of incarcerated individuals after they have served their full sentence, minus any accrued good time or earned release time. This release is mandated by law and typically occurs without discretionary intervention from parole boards or other authorities. Mandatory release aims to balance punitive measures with considerations of public safety and rehabilitation, often under specific conditions such as supervision or community-based programs.
Please look for related terms in the Glossary
A sentencing approach in criminal justice where the length of imprisonment for an offender is fixed by statute or sentencing guidelines, typically based on the severity of the offense and the offender's criminal history. This contrasts with indeterminate sentencing, where the release date is determined by a parole board and may vary based on the offender's behavior and rehabilitation efforts. Determinate sentencing aims to promote transparency, consistency, and predictability in punishment and facilitate objectives of punishment, such as deterrence, retribution, and incapacitation.
A policy or practice whereby inmates can earn reductions in their sentence through demonstrated compliance with institutional rules and participation in rehabilitative programs. These reductions typically take the form of credits that allow for an earlier release from incarceration. Good time serves as a mechanism to incentivize positive behavior and active engagement in correctional programs, promoting both institutional order and prisoner rehabilitation.
Community supervision refers to the system of monitoring and managing individuals who have been issued an intermediate sanction or placed on probation or parole within the community instead of being incarcerated. It involves oversight by a community corrections officer, probation officers, or parole officers to ensure compliance with court-ordered conditions and to facilitate the offender's rehabilitation and reintegration into society.
A term used in the context of criminal justice, referring to the automatic termination of an individual's sentence or period of supervision upon reaching a specified date or completion of the maximum allowable sentence, without the need for parole or further administrative action. This form of release typically applies to individuals who have served their full sentence as determined by law, and they are no longer under the jurisdiction of correctional authorities.
A legal mechanism allowing for the early release of incarcerated individuals on grounds of extraordinary or compelling circumstances, typically related to severe medical conditions, advanced age, or terminal illness. This release is granted by judicial or administrative authorities, often in response to petitions filed by the prisoner or their representatives, and aims to provide humane and dignified end-of-life care or relief from extreme suffering outside of correctional facilities.
A short-term, intensive correctional program designed to provide a jarring experience for offenders, emphasizing discipline, physical fitness, and regimented schedules. It aims to deter future criminal behavior through a rigorous and structured environment, often including military-style discipline and physical training. Shock incarceration programs typically last several weeks to a few months and are used as an alternative to traditional incarceration for eligible offenders. The goal is to promote accountability and rehabilitative change in participants.
A sentencing strategy where an offender is initially incarcerated for a brief period, typically in a correctional facility, and then resentenced by a judge and released into probation. The primary goal is to "shock" the offender into recognizing the gravity of their offense and the consequences of their behavior by exposing them to a short period of imprisonment. This approach aims to promote rehabilitation by allowing the offender to experience the harsh realities of confinement while facilitating their reintegration into society under community supervision thereafter. Shock probation is commonly applied to first-time offenders or individuals convicted of nonviolent crimes, serving both rehabilitative purposes and addressing issues of prison overcrowding in the criminal justice system.
A form of conditional release granted to an offender who has been temporarily removed from community supervision and reincarcerated due to a violation but is subsequently returned to supervision after demonstrating compliance with specified conditions.
