Explain the process of discretionary release.

Question

What will be an ideal response?

Answer 1

Answers will vary. States with indeterminate sentencing are said to have systems of discretionary release. Under indeterminate sentencing, parole is not a right but a privilege. This is a crucial point, as it establishes the terms of the relationship between the inmate and the corrections authorities during the parole process. In most states that have retained indeterminate sentencing, a prisoner is eligible to be considered for parole release after serving a legislatively determined percentage of the minimum sentence-usually one-half or two-thirds-less any good time or other credits. Not all convicts are eligible for parole. Offenders who have committed the most serious crimes often receive life sentences without the possibility of early release. In general, life without parole is reserved for those who have been found guilty of first degree murder or are defined by statute as habitual offenders.A convict does not apply for parole. In many states, the offender is eligible for discretionary release at the end of his or her minimum sentence minus good-time credits. In other states, parole eligibility is measured at either one-third or one-half of the maximum sentence, or it is a matter of discretion for the parole authorities. In most, but not all, states, the responsibility for making the parole decision falls to the parole board, whose members are generally appointed by the governor.In a system that uses discretionary parole, the actual release decision is made at a parole grant hearing. During this hearing, the entire board or a subcommittee reviews relevant information on the convict. Sometimes, but not always, the offender is interviewed. Because the board members have only limited knowledge of each offender, key players in the case are often notified in advance of the parole hearing and asked to provide comments and recommendations. These participants include the sentencing judge, the attorneys at the trial, the victims, and any law enforcement officers who may be involved. After these preparations, the typical parole hearing itself is very short-usually lasting just a few minutes.When parole is denied, the reasons usually involve poor prison behavior by the offender and/or the severity of the underlying crime. After a parole denial, the entire process will generally be replayed at the next "action date," which depends on the nature of the offender's crimes and all relevant laws.On rare occasions, a state governor will veto the decision of a parole board to grant supervised release.