AA HandbookHandbook forfor NewNew PParolearole BoardBoard MembersMembers Part of a Resource Kit for New Parole Board Members Peggy B. Burke Editor April 2003 SPONSORED BY THE ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL AND THE NATIONAL INSTITUTE OF CORRECTIONS Acknowledgements Authors are fond of pointing out the fact that producing a document is rarely the work of one person. In the case of this Resource Kit for New Parole Board Members, nothing could be more accurate. This Handbook, the Resource Kit of which it is a part, and the two editions that preceded it, were made possible through the generous financial and professional support of the National Institute of Corrections (NIC). The author would like to thank Cranston Mitchell of NIC, who shepherded this grant to completion, and Kermit Humphries, whose support for parole practitioners over the years has generated many of the resources included in this Kit. The tasks of reviewing lengthy drafts and video footage were professionally executed by members of the parole community all over the country: Patricia Cushwa, Chair of the Maryland Parole Commission; Gerald Garrett, Chair, and Lynn Ruzicka, Member of the Texas Board of Pardons and Paroles; Lisa Holley, Chair of the Rhode Island Parole Board; Linda Krutz, Chair of the Nebraska Board of Parole; Deirdre Morgan, Chair of the Wisconsin Parole Commission; Marilyn Scafe, Chair of the Kansas Parole Board; Brion Travis, Chair of the New York Board of Parole and Special Assistant Anthony Companion; and John Prevost, Director of the Office of Criminal Justice Research, Georgia Board of Pardons and Paroles. Their comments and suggestions were invaluable. In addition, a number of very knowledgeable and talented individuals agreed to draft chapters of the Handbook on specialized topics contained in the Kit. I would like to thank Jim Austin for his overview chapter on criminal justice and corrections; Robert McGrath for bringing the research regarding motivational interviewing to the realm of the parole interview; Anne Seymour for her thorough and persuasive discussion of victims' concerns; and Richard Stroker for helping readers to navigate complicated legal issues. I would also like to thank Mark Gornik of NIC who provided the core materials for the glossary included in the Handbook. Thanks for provision of video materials are due to Chairman Michael Mullen of the Connecticut Board of Parole, Chairman Buddy Nix of the Georgia Board of Pardons and Paroles, and Lisa Holley, Chair of the Rhode Island Parole Board; to the National Institute of Corrections Academy; and to the Office for Victims of Crime, U.S. Department of Justice. It is also important to note that this Handbook, now part of a Resource Kit for New Parole Board Members, owes a great debt to two earlier editions. The first was written by Kathleen Hanrahan in 1982. The second was authored in 1989 by Peggy McGarry, my colleague at the Center for Effective Public Policy, and my good friend. Thanks are due, too, to the Association of Paroling Authorities International (APAI), its officers and members, who are true leaders in the parole field, for sponsoring the development of this work. Lastly, this Kit is dedicated to Gail Hughes, APAI's Executive Secretary. Gail's vision of professionalism in the field of parole has made this project–and many others–a reality. Peggy Burke Center for Effective Public Policy Silver Spring, MD April 2003 Table of Contents INTRODUCTION ................................................................................................ vii Key Themes What's In This Resource Kit? Handbook for New Parole Board Members Videotapes Resource Materials Video Supplement To The Introduction Video Segment #1: Paroling Authorities Introduce Themselves To The Public And To Victims Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For CHAPTER 1: PAROLE IN CONTEXT ...................................................................1 At Century's Beginning Looking Ahead Parole: A Definition Determinate Vs. Indeterminate Sentences The Origin Of Parole The Push For Parole Abolition Parole Revisited And “What Works” Parole Boards Have A Range Of Responsibilities Video Supplement To Chapter 1 Video Segment #2: What Works and What Doesn't in Correctional Practice Video Segment #3: Parole Response to the Abolish Parole Movement–Abolishing Parole: Why the Emperor Has No Clothes Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources CHAPTER 2: AN OVERVIEW OF CORRECTIONS AND CRIMINAL JUSTICE–RESHAPING PAROLE ...................................................................... 17 By James Austin, Ph.D. Director, The Institute On Crime, Justice And Corrections, The George Washington University A System In Need Of Reform Trends and Facts Recommended Reforms In Parole Decisionmaking And Supervision Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources Table of Contents i Table of Contents, continued CHAPTER 3: PAROLE AS PART OF THE CRIMINAL JUSTICE SYSTEM AND THE COMMUNITY ............................................................. 25 The Governor The Legislature The Public Victims The Media The Courts The Department Of Corrections Community Services And Resources Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources CHAPTER 4: PAROLE DECISIONMAKING ...................................................... 33 Decisionmaking Procedures Dimensions Of Parole Decisionmaking – What Should You Consider? Information And Reviewing the Case File Basic Approaches To Parole Decisionmaking Policy-Driven, Evidence-Based Parole Decisionmaking Video Supplement To Chapter 4 Video Segment #4: Challenges of Parole Decisionmaking Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For CHAPTER 5: THE PAROLE INTERVIEW ......................................................... 47 By Robert J. McGrath McGrath Psychological Services Motivational Interviewing Video Supplement To Chapter 5 Video Segment #4: Challenges of Parole Decisionmaking (repeated) Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For CHAPTER 6: LEGAL AND ETHICAL ISSUES .................................................. 57 By Richard P. Stroker, J.D. General Counsel, South Carolina Department of Corrections Understanding “The Law” That Applies To Your Parole Board Duties Appreciating The Range Of Your Potential Liabilities Insurance Coverage And Immunities Decisions Versus Procedures: Know The Operating Rules Of Your Parole Board The Ex Post Facto Clause Parole Conditions Parole Revocation Ethical And Professional Considerations ii Table of Contents Table of Contents, continued CHAPTER 7: VICTIM ISSUES ........................................................................... 69 By Anne Seymour Principal, Justice Solutions, Washington, DC Victim Involvement In The Parole Process Organizational Parole Resources For Victims Victims' Rights Victim Participation In Parole Proceedings Victim Impact Statements Enhancing The Usefulness Of Victim Impact Statements For Parole Board Members Victim Restitution Training For Parole Board Members Video Supplement To Chapter 7 Video Segment #5: Victim Issues for Parole Boards Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources CHAPTER 8: TRANSITION, VIOLATION, AND REVOCATION ..................... 79 A Model for Transition/Reentry The Role Of Paroling Authorities: Partners In Transition Setting Release Conditions Responding To Parole Violations Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources CHAPTER 9: PAROLE AS A PROFESSION ..................................................... 87 Professional Associations Training Literature Web Sites And The Internet Secondary Trauma Dealing With The Personal Impact Of Failure Questions To Discuss With Your Chair Questions To Discuss With Your Colleagues On The Board Things To Ask For Additional Resources GLOSSARY ......................................................................................................... 93 ABOUT THE AUTHORS..................................................................................... 99 Table of Contents iii Table of Contents, continued LIST OF FIGURES 1: Does Your Parole Board Have Discretion in Parole Release? Responses of State, Federal, and Military Parole Boards, 2001. ......... 2 2: Violent Crime Victimization 1973 - 1990 ........................................ 7 3: Property Crime Victimization 1973 - 1990 ...................................... 7 4: U.S. Prison Population 1980 - 2001 ............................................... 8 5: Overview of Sentencing Trends and Parole Discretion .......................9 6: What Responsibilities Do Paroling Authorities Have Beyond Parole? .........................................................................11 7: What Is the Sequence of Events in the Criminal Justice System? ..... 26 8: Range, Median and Average Time Served .....................................34 9: Maryland Parole Commission Guidelines Matrix and Risk Assessment ....................................................... 39 10: Pennsylvania Board of