Types of Release Explained
The government sentences individuals to imprisonment with the aim of their rehabilitation. In most cases, the individuals are meant to be released back to society. The inmate usually stays in prison for the period determined during their sentencing.
Sometimes, they can be released on a different date, depending on the change in events. Good behavior and deteriorating health are some of the circumstances that can affect an inmate’s release. Inmates get their freedom once the authorities determine they have been reformed or won’t be a threat to society.
Once released, the prisoner can still be under the government’s supervision for some time or the rest of their lives. Below are several ways a government can release an individual into society.
Release By Parole
Parole is a form of early release in which a prisoner does not serve their entire sentence. During sentencing, a judge typically determines if an offender will be eligible for parole. In some cases, the court specifies the minimum time the prisoner has to serve before they can be paroled.
Once qualifying inmates have served a portion of their time in prison, they can request parole. A parole board determines if the prison should release an inmate before completing their sentence. The inmate undergoes an interview with the board to decide on their eligibility. They also have to take a psychological exam to determine the state of their mental health.
The parole authorities base their decision on a few factors. Good behavior is one way an inmate enhances their chances of parole. If an individual becomes a modest prisoner, the authorities can determine that they are reformed and grant them early release through parole.
Interviews with victims affect the parole board’s decision. The chances of release increase if the victim of the crime makes positive remarks about the inmate. If the victim is still negatively affected by your release, the parole board will not grant the prisoner an early release.
The prisoner has to prove they have a permanent residence upon release. They should also present evidence of gainful employment immediately after release or other means of supporting themselves. The government cannot give an early release to an individual who does not have a chance of a stable life outside the correctional facility.
Parolees must abide by the rules set by the parole authorities or risk being rearrested and sent back to prison. For the entire period of their parole, they must check in with their parole officers, who determine if they are breaking any parole conditions.
Compassionate Release
Compassionate release was made possible by the Sentencing Reform Act of 1984. Prisoners serving time in federal prisons can request an early release. They must be in an extraordinary and compelling situation that makes it challenging to serve the remainder of their sentence.
The authorities can grant compassionate release in the following circumstances:
- Terminal Illness
- Care for a child or partner
- Old Age
Terminal Illness
The Bureau of Prisons has stated that inmates can have early release if they suffer from a terminal and incurable disease. Usually, for a prisoner to qualify, they must have less than 18 months to live due to their illness.
A prisoner can also get a medical release if they become incapacitated. Inmates qualify if they are completely disabled, spend most of their time in bed, or use a wheelchair for all their movements. Since their movement is limited, the government sometimes sees it fit for them to spend the remainder of their lives outside the prison.
Inmates receive compassionate release so they can have better care outside the prison. The terminal prisoners get a chance to spend their last days in freedom.
Care For a Child Or Partner
If the only other guardian of a child dies or becomes incapacitated, the government can release the parent in prison to take care of the kid. The inmate has to be the only caregiver available. A prisoner serving time for a severe crime such as murder may not qualify for this release.
The government can also offer a compassionate release if the partner of a prisoner is incapacitated and cannot take care of themselves. The prisoner gets a chance to go home and take care of their spouse.
Old Age
Elderly prisoners above the age of 65 can qualify for a compassionate release. Inmates who have served 75% of their sentence can be released once they reach 65 years old. However, if the conviction was for a violent crime they committed at 60 or above, they may not be eligible.
Prisoners older than 70 who have been in prison for more than 30 years can also qualify for compassionate release.
The BOP can also offer compassionate release to some elderly prisoners suffering from chronic medical conditions resulting from old age. The inmate’s mental or physical health must be untreatable. They should also be decreasing their ability to operate in prison. Only offenders who have served more than half of their sentence are ordinarily eligible.
Temporary Release
Sometimes, the government releases prisoners back into society for a brief period. Such inmates will get a chance to leave prison, then return to serve the remainder of their sentence. Most prisoners get a temporary release to enable them to integrate into society. The release may also be due to unavoidable circumstances, such as illness.
Some states, like New York, give inmates a temporary release to attend a relative’s burial. Sometimes, the prisoner can also get a chance to visit a relative who is almost dying. Prisoners close to finishing their sentence can get a few days to spend with their families to maintain ties.
A prisoner can get a temporary release for medical reasons. Inmates suffering from a disease that the correctional facility cannot treat can temporarily leave prison to seek treatment. Once they receive the treatment, the government takes them back to their original jail or another prison to finish their sentence.
An inmate can request a temporary release to meet with a potential employer. A prisoner can also use the temporary release to look for a house to live in after their release. The government grants this to ensure the offender will have a job and house waiting upon release. It wants the offenders to integrate with society easily.
Prisoners can get temporary releases to participate in educational or training programs in the community. It helps them to be productive members of society and to maintain social ties. At times, inmates can enroll in paying jobs within the community while still serving their sentence.
Probation Release
The court can sometimes offer some individuals a probation release. You get a chance to return to society under supervision in place of serving a prison sentence. You must report to a probation officer during the entire probationary period.
The sentencing court determines the conditions of the probation you must abide by. You cannot commit any new crimes or risk immediate imprisonment. The government also prohibits possessing controlled substances and subjects you to frequent drug testing.
The judge may provide an installment plan if you are facing a fine. You will have to pay the installments promptly or risk going to prison. You must give the probation officer any information on your finances they request from you.
You must report to the court if your financial condition changes significantly and affects your ability to pay the fines. The judge can enroll you in a new payment plan if applicable. Failure to report could land you in more trouble.
Probation officers can assist you in getting a job. They will also supervise and audit your spending patterns. The supervision ensures a stable financial condition, allowing you to pay your fines without strain.
Completion of Sentence Release
Once an offender is found guilty of a crime, a judge or jury declares the fines or the sentence they should serve in prison.
When an individual gets a prison sentence, they typically serve it to completion to warrant a release. Once an inmate has served their sentence, the government has to release them. The offender should not commit additional crimes in prison that may lead to extra time.
Types of Release For Unsentenced Individuals
When you get arrested for a crime, you are usually in the custody of the arresting authorities. The court can decide for the offenders to remain in jail until their sentencing or release them under some guidelines and conditions.
A judge can release an offender back to society under one of the following conditions;
- Release on Bond
- Own recognizance
- Release to a third party
- Pretrial Services Release
Release On Bond
A release by the bond will require you to pay a certain amount of money set by a judge. The amount is usually an incentive to make sure you appear for your hearing. If you fail to appear in court, a judge will hold a bond forfeiture hearing to determine if the arresting body should keep your bond money.
If you and your family cannot raise the entire bond amount, you can use a bail bond agent. A friend or family member will have to give the bondsman a percentage of the bail, typically 10 percent. The bail bondsman will then pay the entire amount of your bond to the court.
The bail bondsman becomes responsible for your bond. Once you appear for your hearing, the court will pay the entire amount back to them. You usually don’t get back the amount you paid them; that is their operating fee. If you fail to appear for your hearing, the bondsman will send a bounty hunter after you to ensure they don’t lose their money.
Own Recognizance
If the crime you have been arrested for is not severe, a court can release you back to society on your own recognizance. The judge usually makes a ruling based on their trust that you will show up for your hearing.
Release on your own recognizance will only happen if the court does not consider you a flight risk. You can qualify for this release if you have significant community ties and have never failed to appear for a hearing.
Typically, individuals released on their own recognizance have no prior criminal charges.
Release To a Third Party
Sometimes, a judge can release you to a third party. In most cases, it is usually the spouse or a parent. The judge holds the person accountable for your court appearance.
The third-party will answer the sentencing judge if you fail to appear at court dates. They may receive a fine or any other punishment the court sees fit. If the court releases you to a third party, you should ensure you attend all the court dates to avoid getting them into trouble.
Pretrial Services Release
If you are facing felony charges, a government agency can monitor you to ensure you are not breaking any laws. They will also make sure you attend all your court dates.
Similar to probation, the government assigns you an agent who can come to your premises anytime. They ensure you are not breaking any of the guidelines of your release. Drinking alcohol or engaging in illicit behaviors can make the judge revoke your freedom.
In most cases, offenders must wear ankle monitors, so the authorities can easily track their movements. Movement past the areas the court has designated can lead to an arrest. Once the government arrests you for a violation, you must remain in prison during your trial.
Take Away
If you, a family member, or a friend are serving time in a state or federal prison, there are several ways in which you can gain back your freedom. Maintaining a good lawyer can assist you in getting an early release. They will help you to request parole or compassionate release.
The government is ready to release any individuals that can prove their freedom is a positive addition to society. If you get any release without serving your entire sentence, you should abide by the guidelines to ensure you don’t end up behind bars before you can enjoy your freedom.
