Alternatives To Incarceration

Alternatives to Incarceration

By Joseph Parish

Release programs fluctuate with their purpose, however the majority of them are fashioned to assist the offenders with re-entering the community from their incarceration allowing them to successfully establishing a self-sustaining and law-abiding lifestyle. These programs are atypical according to the state where the inmate is housed. What may be an option in New Mexico may not be available in Rhode Island? With that understood, we will cover several of the general opportunities made available to inmates and offenders. Release programs frequently allow prisoners to be discharged from their prison environment before they have completed their full sentence. Not all prison facilities support these release programs, nor do all facilities offer every type of program discussed.

These alternates range from the more traditional parole. We frequently see these releases classified as discretionary or mandatory releases. The discretionary release program is fully supervised. To qualify for one of these types of releases the records of the inmate are carefully screened and a determination is made as to their eligibility. The major difference between the two is that the discretionary release is just that, it is at the discretion of the parole board, whereas the mandatory release is instituted after the inmate has served his required sentence. We encounter several other types of releases as well, such as furlough, home supervision, the halfway house and emergency releases.

Incorporated into these release programs are the usual probation processes which are frequently applied to the offenders with non-serious, short duration sentences. The Expiration Release which relieves the inmate of any further dealings with the authorities and grants the offender a clean slate makes him once again a free man. We also have the familiar parole offering where the inmate is released under the supervision of the state.

We are all familiar with many of the above listed releases, but many types of releases leave some unanswered questions in our mind. Let's cover some of the New York criminal release programs and see what they have to offer in our discussion. There are short-term release programs as well as continuous temporary release programs. The short-term programs permit prisoners to depart from the facility for an explicit period of time, which is usually seven days or less. This temporary freedom from prison is reserved for certain purposes only. The continuous temporary release programs will allow the prisoners to depart the facility for up to fourteen hours daily. Generally, it is difficult to gain access to these programs and they usually will depend upon your history and the specific program of interest.

Several short-term release programs are in effect which involve a leave of absence, community service programs and the above-mentioned furloughs. The leave of absence program is different from most release programs as the inmate does not need to be within certain years of release to qualify. The leave of absence is a privilege granted to temporarily leave the facility for a certain period of time for specific purposes such as if death is imminent the offender is afforded the opportunity to leave and visit their family. They may be permitted to leave and attend a funeral or to undergo an extensive medical treatment program. In these situations, the inmate would be granted only the minimum length of time needed to accomplish their purpose. Furlough programs also aid the inmate towards resolving family problems, attending short educational courses, looking for a job or in order to seek post-release housing. In essence, the educational leave program permits the prisoner to actually leave the prison to attend a school or vocational institution.

The community services programs offer the eligible prisoners the privilege of leaving the correctional facility for as many as fourteen hours per day to perform volunteer work at a nonprofit organization. This work could entail various religious services, scheduled athletic events, perform volunteer agency work or to attend a specific cultural event.

Another popular program is the work release program which permits a prisoner to leave the prison facility for as much as fourteen hours for one day to work, to obtain on-the-job training or to accomplish any activity which will aid in their future employment which would include shopping for work clothes. The purpose of this release program is to help the criminal to accumulate a savings account prior to being released on parole. Several other temporary release programs have been established for prison inmates as well and include industrial training leave and the family reunion program.

Most prison release programs are created around a point system. The incarcerated individual must not earn points in order to be eligible for a release program. It is important to keep in mind that just because the offender has managed to not accumulate the greatest number of points does not guarantee he will receive the release he has requested.

Consideration must naturally take place on the risk of the inmate as well. Is he at large to create a dangerous situation for the public? What was his conviction for? I have been told that the age of the inmate now plays a significant role in the selection process. The younger the offender the more points they are awarded, meaning he is at risk for failing the qualifications. As much as 24 points can be awarded to those inmates under the age of 24. The prisoners' education also comes into play when these decisions are considered. Many states have now enacted a ruling that completion of a high school diploma or a GED is a "recommended" condition for release. The offender will receive points for the lack of education.

Other factors to consider include the security level necessary for the offender, the severity of their current offense, their proposed release date, any history of violence or attempted escapes and any special public safety factors involved.

Automatic losers to the program include those convicted of serious thefts, homicides, sexual offenses, threatening government officials, the deportable aliens, persons with sentences longer than 10 years, escapes, and individuals with violent behavior and prison disturbances.

There are many factors which enter the equation before an inmate can be released from prison and anything can occur to prevent this release from taking place. It is generally up to the governing authorities as to whether or not the release is approved.

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