18: Release Decision
Ensure that people exiting prison or jail who it is determined pose a threat to public safety are released to some form of community supervision; use the results generated by a validated risk-assessment instrument, in addition to other information, to inform the level and duration of supervision, and, for those states that have maintained some discretion in the release process, to determine when release would be most appropriate.
Overview
Though a transition planning team can make recommendations for release using information drawn from risk assessments, criminal records, progress on a programming plan, family member interviews, and victims, 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.
Research Highlights
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Research suggests that prerelease assessments can help determine when a prisoner is ready to be released.
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About 1 in 5 individuals is released from prison without postrelease supervision; the vast majority of people released from jail is released "unconditionally."
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Many jurisdictions do not individually tailor conditions of release to the person about to return to the community.
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There is significant variation across states in postrelease supervision practices.
Recommendations
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Train releasing authorities to use and analyze the information provided to them objectively and effectively.
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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.
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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
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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.
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Articulate in writing the reasons for the decision by the releasing authority whenever such decision is discretionary.
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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.
Related Policy Statements
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This publication discusses how policymakers can increase accountability among people who commit crimes, improve rates of child support collection and victim restitution, and make people’s transition from prisons and jails to the community safe and successful.