Parole case example*
*NOTE: THIS CASE EXAMPLE is a fictitious person. IT does not depict any actual person or event. FOR THE PURPOSE Of this EXAMPLE, THE INDIVIDUAL HAS BEEN NAMED JOHN OFFENDER.
A crime is committed. The suspect is over 18. There is sufficient evidence for an arrest. The suspect is arrested. The suspect is charged with the crime and prosecuted. At the conclusion of the trial, the accused is found guilty. The convicted offender serves his state sentence at a state correctional institution or county jail.
The Arrest and Conviction of John Offender
John was 21 when he was arrested for entering an apartment without consent and punching his victim in the head and face with a pan. John is convicted of burglary and aggravated assault. He is sentenced to 4 years and 6 months to 10 years. His minimum sentence date (MIN) is November 28, 2013 and his maximum sentence date (MAX) is May 28, 2019.
John arrives at state prison
John is admitted to the Diagnostic and Classification Center. For male offenders, this is the State Correctional Institution at Camp Hill. For females, it is the State Correctional Institution at Muncy. The Pennsylvania Department of Corrections (DOC) conducts a battery of assessments:
• Risk Screen Tool (RST) - risk of reoffending and program indicator
• Criminal Sentiments Scale-Modified (CSS-M) –measures criminal attitudes
• Texas Christian University Drug Screen (TCU) – substance abuse treatment
• Personality Assessment Inventory – guides future clinical interviews and programming, including violence indicator
• Psychological Assessment Interview – screen for clinical pathology and risk and mental health issues
• Test of Adult Basic Education (TABE)
The DOC delivers cognitive behavioral programming to address treatment needs that have been proven to reduce recidivism.
• Thinking for Change – addresses criminal thinking
• Violence prevention – low, moderate and high intensity
• Batter’s intervention – addresses domestic violence
• Sexual offender programming – low and moderate/high
• Drug and alcohol treatment – based on TCU score (outpatient or therapeutic community)
The results of John’s assessment are:
• No mental health needs
• Low CSSM – criminal attitudes
• High RST- risk ; Low TCU - drug screen
• High LSI-R – risk and needs
• Did not attain 12th grade education
• Prior parole failure
The DOC and the Pennsylvania Board of Probation and Parole (Board) create a joint correctional plan that will best meet John’s rehabilitative needs:
• Violence Prevention Moderate Intensity (includes Thinking for a Change)
• Employed as barber in prison
• Obtain GED
Things for John to remember as his parole interview approaches…
He was convicted in a court of law. The DOC and the Board cannot change his conviction. Both agencies are required to make decisions based on his conviction. John needs to start planning for his reentry back to the community, complete his programming and avoid any misconducts.
There is no right to parole in Pennsylvania. It’s the Board’s job to determine whether John deserves to be on parole for any part of his sentence between his MIN and MAX dates. The Board’s main consideration is whether or not his risk to reoffend is reduced and that he has demonstrated his future ability to function as a law-abiding citizen.
The MIN date represents the minimum amount of time he must be incarcerated. He becomes eligible for parole release when he has served his MIN sentence. When he is released on parole, the date might be the same date as the MIN date, or soon after it. The Board Decision that grants parole will state “granted parole ON OR AFTER [date].”
8 months prior to John’s MIN Date…
The DOC and the Board work together to gather information for the parole interview. To do so, they gather the following information to consider:
• The nature/circumstances of the crime you were convicted
• The entire criminal history including any juvenile arrests or adjudications
• Information regarding a person's general character and personal background
• Sentencing hearing testimony notes
• Physical, mental, and behavioral condition and history
• History of family violence (if any)
• Judge and district attorney letters sent for input on their recommendation
• Office of Victim Advocate notifies victim for input from the victim and the victim’s family (if any)
• The recommendation from the warden or superintendent of the facility where the offender was incarceratedFacts of crime and sentencing hearing notes
• • Misconduct record
• DOC/warden recommendation
4 months prior to John’s MIN date, the parole interview is held…
John is interviewed in prison in August 2013. Board members have prepared for the interview by reviewing his file. John is interviewed by two board members – one in person at the correctional facility and one via video conference. John’s case was a violent case requiring two decision makers to interview him. If the vote was a split decision, the case would go to a third board member. Certain violent cases require a vote by a majority of the board.
John is a:
• Violence Category 2 – Violent offense with no violent history
• LSI-R score of 7 - high risk
John received no misconducts. He was in compliance and participating in his programming, but his programming was not completed.
3 months prior to John’s MIN date…
John receives his Board action (formerly known as a green sheet)
. The board action is the official, written decision issued by the board to either grant or deny parole following the parole interview/hearing. John is granted parole on or after November 28, 2013, his MIN sentencing date. In the board action, the reasons listed by the board for granting parole were:
• Accepted responsibility (for his crimes)
• Recommendation of DOC
• Involved in programming
• Placement in a community corrections center
Before John is released from the state correctional institution, there are a number of “checklist items” that he must be completed before he may be released. The list of potential items to be completed before release and other parole release topics are in this parole release fact sheet.
John’s conditions of parole
• Paroled on or after 11/28/13 to community corrections center
• Maintain employment/training/schooling
• No contact with persons who sell or use drugs outside of a treatment setting
• Subject to drug testing and must pay for tests
• Cannot enter establishments that sell alcohol
• No contact with victim in any manner
• No contact with associates or co-defendants
• Wage attachment for court ordered financial obligations
John is released
John signs his release orders and conditions of parole and leaves the state correctional institution. He must report to a parole office or community corrections center within 24 hours.
The duty agent at the CCC explains John’s right to administrative review of:
- Supervision practices
- Special conditions of parole
- Extradition waiver
- Consent to search
John meets with his assigned agent within 5 days. They review his initial supervision
plan. The supervision plan addresses John’s risks for reoffending and his needs to help him be successful on parole. This supervision plan is re-assessed every year and, for special circumstances, can be examined at six months. A visit to his approved home plan
occurs within 10 days.
John violates parole
John fails to successfully complete the CCC program by committing a technical violation of parole
. John is detained.
John’s Technical Violations
John’s alleged technical violation is that while at the CCC on several occasions he signed out for work but failed to report to work. The condition violated is failure at a CCC by not abiding by the rules. On February 6, 2014, John was unsuccessfully discharged from the CCC and was placed in detention.
John is informed of his rights.
He is given a Notice of Charges against him, which includes being unsuccessfully discharged from the CCC. A preliminary hearing on John’s case will be held within 14 days. Or, John may waive his rights to a preliminary hearing. John has the right to speak, have voluntary witnesses appear on his behalf and to present documentary evidence at the preliminary hearing. John also has the right to retain a private attorney or be represented by a public defender.
John waived his right to a preliminary hearing. The Board’s hearing examiner diverted him to parole violator center
. The use of parole violator centers for non-criminal parole violators is to promote reentry and a safe community. The parole violator centers:
1. Provide more community support
2. Offenders immediately receive programming and treatment to address problem behavior
3. Centers are secure so offenders must stay
4. Fewer non-criminal violators are returned to state correctional institutions
John Doesn’t Follow the Rules at the Parole Violator Center
John is transported to the parole violator center for up to six months. Within three days of arrival John was found with K2 (synthetic marijuana) in his pocket and refused to be searched and threatens parole violator center staff. His second violation hearing
John’s Technical Violation Hearing
At the violation hearing, the parole agent provides the evidence. The CCC discharge summary is provided: John had been signing out to go to work but was not reporting to work.
The Board’s hearing examiner finds John in violation based on this evidence: John’s own admission of signing out for work but not going to work and also the CCC records that showed the dates, times and John’s signatures.
The hearing examiner recommits John to state prison because of the violation, early parole failure and his previous parole failure from a separate sentence. The hearing examiner also considered that John was an identifiable threat because of his unmanageable behavior when the board diverted him to parole violator center. John is recommitted to state prison for up to 6 months.
So what happened to John?
John follows the rules while in the contracted county jail and remains eligible for automatic reparole. John is automatically reparoled in six months. He signs his release orders and walks out of prison. John must report to the Board’s district office within 24 hours of his release. The Board’s prior conditions of parole still apply to John.