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Asked by: wendy samora 111 views help, please Criminal
Aaron Hall, Minnesota Lawyer on Feb 08, 2012 Log in to Reply
The short answer: the Parole Board must approve it.
The long answer:
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.
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), attend drug or alcohol counseling, have no contact with their victim. The inmate gives an address which is verified by parole officers as valid before inmate is released on to parole supervision.
Upon release, the parolee goes to a parole office and is assigned a parole officer. Parole officers go to parolees’ houses or apartments to check on them as unannounced visits. During these home visits officers look for signs of drug or alcohol use, no guns or illegal weapons are in the parolees residence, and look for signs of other illegal activities. Should parolees start to use drugs or alcohol, they are told to go to drug or alcohol counseling and NA or AA meeting. Should they not comply with conditions on the parole certificate 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).
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