C: Release

Policy Statement 17: Advising the Releasing Authority

Inform the releasing authority about the extent to which the prisoner is prepared to return to the community (and the community is prepared to receive the individual).

As indicated in Policy Statement 9, Development of Programming Plan, each individual should have a programming plan that evolves throughout his or her period of incarceration. Programming planners and service providers, including doctors, counselors, and employment experts, should document the person's compliance (or lack thereof) with the programming plan and, where applicable, reassess his or her needs and assets on an ongoing basis. Several months before the moment of potential or certain release, a transition planning team should be formed to assess the inmate's status. Specifically, the transition planning team, with input from appropriate stakeholders, should gather information concerning the person's progress in his or her programming plan, any risk that he or she would pose to the community, and any strengths he or she could draw on or needs he or she would face if released to the community at that time. The collected information can provide the basis not only for the decisions of the releasing authority (Policy Statement 18, Release Decision) but also for the formulation of the steps that should be taken in the days or months before the individual's release (Chapter D, Managing the Key Transition Period). Indeed, such information may also be valuable in creating a supervision strategy that will implement any conditions set by the releasing authority and protect the safety of both the community and the individual (Policy Statement 25, Development of Supervision Strategy).

Recommendations:

1.
For the majority of prisoners, the timing of release is constrained by a pre-determined mechanism such as mandatory release, and not by a discretionary authority, such as a parole board.
A.
Convene a transition planning team to review the inmate's progress in the implementation of the programming plan and collect other information to advise the releasing authority and initiate the transition planning process.
2.
The absence of the discretion of a releasing authority reduces a person's incentive for good behavior, program participation, and postrelease planning during his or her incarceration.
B.
Use a validated risk-assessment instrument and a comprehensive analysis of a person's criminal history and behavior in the institution to predict the risk he or she would present to the community if and when released.
C.
Consider information related to the individual's strengths and service needs insofar as these issues affect public safety and/or the establishment of terms and conditions of release.
3.
Opportunities for victims, family members and the community to influence the release decision (and subsequently conditions of supervision) have declined with the decreased use of discretionary release.
D.
Notify victims when the releasing authority is considering release of an offender and invite victims to provide input into the release decision and the terms and conditions of release.
4.
Validated assessments indicate the specific needs and services required for an individual to increase the odds of a successful return to the community from prison or jail.
E.
Gauge the willingness and capacity of family members to receive the person upon his or her release and ensure that they receive an opportunity to provide input into the terms of release.
F.
Capitalize on the familiarity of local leaders, including law enforcement, with the needs of their community to develop conditions of release that will enable the releasee to make meaningful contributions to the community.
G.
Gauge willingness and capacity of community-based service providers to receive the person upon his or her release from prison or jail.
H.
Present to the releasing authority a clear and concise analysis of all information deemed important to determining whether the inmate presents a risk to community safety.
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