The three types of parole are Mandatory Parole, Discretionary Parole, and Expiatory Parole. These distinct categories determine the circumstances under which an individual may be released from prison before the full completion of their sentence, often with specific conditions and supervision.
Understanding the different forms of parole is crucial for anyone navigating the criminal justice system. Parole serves as a period of supervised release in the community, allowing individuals to reintegrate into society while still under correctional oversight.
Understanding Parole Types
Parole is a conditional release from prison, allowing a person to serve the remainder of their sentence outside of incarceration while remaining under supervision. The specific type of parole often depends on the nature of the crime, the sentencing structure, and the individual's conduct while incarcerated.
Here's a detailed look at each type:
| Parole Type | Key Characteristic | Typical Scenario |
|---|---|---|
| Mandatory Parole | Automatic release after serving a set portion of a sentence. | Occurs when an individual has accrued enough good conduct time credits. |
| Discretionary Parole | Granted by a parole board based on eligibility and suitability. | Applies to incarcerated individuals who demonstrate readiness for reintegration. |
| Expiatory Parole | A less common or desirable form of release, often tied to unusual circumstances. | Generally not sought after, often involving symbolic or unique legal situations. |
Mandatory Parole
Mandatory Parole is a type of parole that is often recognized by many people. It refers to the release of an incarcerated individual after they have served a specific portion of their sentence, typically as mandated by law or statute. This release is often based on the accumulation of "good time" credits, which are awarded for good behavior, participation in programs, or work assignments while in prison.
Key aspects of Mandatory Parole include:
- Automatic Release: Once the legally required portion of the sentence (minus good time credits) is served, release is typically automatic, provided there are no new charges or significant disciplinary infractions.
- Supervised Release: While the release is mandatory, the individual remains under the supervision of a parole officer and must adhere to specific conditions for a set period.
- Legal Basis: It is driven by sentencing laws and policies rather than the subjective decision of a parole board.
Discretionary Parole
Discretionary Parole is a type of parole that applies specifically when an individual is already incarcerated. This form of parole is not automatic; instead, it is granted by a parole board after a review of the individual's case. The board assesses various factors to determine if the person is suitable for release and poses a minimal risk to public safety.
Considerations for Discretionary Parole often include:
- Parole Board Decision: A parole board, composed of appointed officials, makes the final decision based on their evaluation.
- Eligibility Factors: This includes the severity of the crime, criminal history, behavior in prison, participation in rehabilitation programs, remorse, and plans for reintegration.
- Rehabilitation Focus: It emphasizes the individual's progress in rehabilitation and their potential to become a productive member of society.
For more information on the general concept of parole and its administration, you can refer to resources from the Bureau of Justice Statistics.
Expiatory Parole
Expiatory Parole is technically a type of parole, but it is generally not one that someone would want to pursue. This type of parole is less common and often involves unique or symbolic circumstances rather than a standard early release for rehabilitation. It might be related to situations where an individual has served a significant, often symbolic, period of incarceration, or where their release is tied to specific, rare legal or humanitarian considerations.
Characteristics of Expiatory Parole often involve:
- Uncommon Application: It is not a standard path to early release for most incarcerated individuals.
- Unique Circumstances: The conditions or reasons for this type of parole are often distinct and may not align with typical parole criteria.
- Symbolic or Exceptional Nature: It might be granted in cases with unusual legal precedents or humanitarian concerns, often without the individual actively seeking it in the traditional sense.
Understanding these distinctions provides clarity on the diverse mechanisms through which individuals may transition from incarceration back into the community under supervision.
