C: Release
Policy Statement 18: Release Decision
The preceding policy statement, Advising the Releasing Authority, explained how a team should be charged with collecting, analyzing, and delivering information relevant to a person eligible for release. The policy statement further explained that, even when the release decision is nondiscretionary, information drawn from risk assessments, criminal records, progress on a programming plan, family member interviews, and victims should be gathered for the purpose of making release plans or establishing conditions of release. The transition team makes recommendations using this information, but it is incumbent on the releasing authority to make the final decisions regarding release and conditions of release. Ultimately, these decisions provide the foundation for the supervision strategy when the individual re-enters the community, as further described in Policy Statement 25, Development of Supervision Strategy, and Policy Statement 26, Implementation of Supervision Strategy.
Recommendations:
- 1.
- Research suggests that prerelease assessments can help determine when a prisoner is ready to be released.
- A.
- Train releasing authorities to use and analyze the information provided to them objectively and effectively.
- B.
- Ensure that, where risk assessment, criminal history information, and other factors reflect a likelihood of the person re-offending, the person is assigned to a period of community supervision after his or her release from prison.
- 2.
- About 1 in 5 individuals is released from prison without postrelease supervision; the vast majority of people released from jail is released "unconditionally."
- C.
- Ensure that proposed conditions of release are supported by research, recognize the particular strengths and needs of each individual and the resources of the community, and are consistent with the rules that the releasing authority is prepared to enf
- 3.
- Many jurisdictions do not individually tailor conditions of release to the person about to return to the community.
- 4.
- There is significant variation across states in postrelease supervision practices.
- D.
- Determine how various payments (e.g., restitution, child support, fines) expected from the prisoner upon his or her release will be incorporated into the conditions of release.
- E.
- Articulate in writing the reasons for the decision by the releasing authority whenever such decision is discretionary.
- F.
- Ensure that a procedure exists to modify and revise, as appropriate, the conditions of release, including the possibility for early discharge from the authority of the court or supervising administrative agency.
