Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking in with their designated parole officers, or else they may be rearrested and returned to prison. Parole is not an additional sentence; rather it is a system that allows inmates to finish their original sentence outside of prison under supervision. In some jurisdictions in the United States, people may shorten their time on parole through earned compliance credits. File:A Probation and Parole Officer with the Missouri Department of Corrections interviews a drug-related offense probationer.jpg|thumb|right|230px|A parole officer with the Missouri Department of Corrections interviews a drug-related offense probationer.
Originating from the French word parole, the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. It is similar to probation, the key difference being that parole is served for the remainder of a prison sentence, while probation can be granted in place of a prison sentence.
History
The practice of paroling enemy troops began thousands of years ago, at least as early as the time of Carthage. Parole allowed the prisoners' captors to avoid the burdens of having to feed and care for them while still avoiding having the prisoners rejoin their old ranks once released; it could also allow the captors to recover their own men in a prisoner exchange. Hugo Grotius, an early international lawyer, favorably discussed prisoner of war parole. During the American Civil War, both the Dix–Hill Cartel and the Lieber Code set out rules regarding prisoner of war parole. Francis Lieber's thoughts on parole later reappeared in the Declaration of Brussels of 1874, the Hague Convention, and the Geneva Convention Relative to the Treatment of Prisoners of War.Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for eventual return to society that involved three grades. The first two consisted of promotions earned through good behaviour, labour, and study. The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and they would start all over again through the ranks of the three-grade process. He reformed its ticket of leave system, instituting what many consider to be the world's first parole system. Prisoners served indeterminate sentences from which they could be released early if they showed evidence of rehabilitation through participation in a graded classification system based on a unit of exchange called a mark. Prisoners earned marks through good behavior, lost them through bad behavior, and could spend them on passage to higher classification statuses ultimately conveying freedom. Maconochie influenced the development of modern parole systems used in the United States, which is reflected in similar ideas in the late 19th and early 20th centuries.
In an instance of multiple discovery, in 1846, Arnould Bonneville de Marsangy proposed the idea of parole to the Civil Tribunal at Reims.
By country
Canada
In general, in Canada, prisoners are eligible to apply for full parole after serving one-third of their sentences. Prisoners are also eligible to apply for day parole, and can do this before being eligible to apply for full parole.Any prisoner whose sentence is less than two years is sent to a correctional facility in the province or territory where they were convicted, whilst anyone sentenced to serve no less than two years will be sent to a federal correctional facility and will thus have to deal with the Parole Board of Canada.
Parole is an option for most prisoners. However, parole is not guaranteed, particularly for prisoners serving life or indeterminate sentences. In cases of first-degree murder, one can apply for parole after 25 years if convicted of a single murder. However, if convicted of multiple murders, either of the first or second-degree, the sentencing judge previously had the discretion to make parole ineligibility periods consecutive – thereby extending parole ineligibility beyond 25 years and, in rare cases, beyond a normal life-span. On May 27, 2022, the Supreme Court of Canada unanimously ruled that extending parole ineligibility beyond the statutorily mandated 25 years was unconstitutional for being "cruel and unusual" punishment.
China
In China, prisoners are often granted medical parole or compassionate release, which releases them on the grounds that they must receive medical treatment which cannot be provided for in prison. Occasionally, medical parole is used as a less public way of releasing a wrongly convicted prisoner.The Chinese legal code has no explicit provision for exile, but often dissidents are released on the grounds that they need to be treated for a medical condition in another country, and with the understanding that they will be reincarcerated if they return to China. Dissidents who have been released on medical parole include Ngawang Chophel, Ngawang Sangdrol, Phuntsog Nyidron, Takna Jigme Zangpo, Wang Dan, Wei Jingsheng, Gao Zhan and Fang Lizhi.
Israel
Until 2001, parole in Israel was possible only after the prisoner had served two thirds of their sentence. On 13 February 2001, the Knesset passed a bill, brought forward by Reuven Rivlin and David Libai, which allowed the early release of prisoners who had served half of their prison term. The law was originally intended to help ease overcrowding in prisons.Italy
Libertà condizionata is covered by Article 176 of the Italian Penal Code. A prisoner is eligible if he has served at least 30 months, and the time remaining on his sentence is less than half the total, a quarter of the total or five years. In 2006, 21 inmates were granted libertà condizionata.New Zealand
In New Zealand, inmates serving a short sentence are automatically released after serving half their sentence, without a parole hearing. Inmates serving sentences of more than two years are normally seen by the New Zealand Parole Board after serving one-third of the sentence, although the judge at sentencing can make an order for a minimum non-parole period of up to two-thirds of the sentence. Inmates serving life sentences usually serve a minimum of 10 years, or longer depending on the minimum non-parole period, before being eligible for parole. Parole is not an automatic right and it was declined in 71 percent of hearings in the year ending 30 June 2010. Life imprisonment without the possibility of parole has been given only once, to Brenton Tarrant for the 2019 Christchurch mosque shootings.United Kingdom
The Parole Boards in the UK are only involved in the release of prisoners with specific sentences. Indeterminate sentences are always handled by the Parole Board because they have no fixed release date. Some determinate or "fixed" sentences, such as extended determinate sentences, are also handled by the Parole Board, but for the majority of prisoners the Parole Board will not be involved in their release.The conditions of release are called a licence, and parole is called release on licence. There are seven standard licence conditions for all prisoners:
- Be of good behaviour and not behave in a way which undermines the purpose of the licence period;
- Not commit any offence;
- Keep in touch with the supervising officer in accordance with instructions given by the supervising officer;
- Receive visits from the supervising officer in accordance with instructions given by the supervising officer;
- Reside permanently at an address approved by the supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address;
- Not undertake work, or a particular type of work, unless it is approved by the supervising officer and notify the supervising officer in advance of any proposal to undertake work or a particular type of work;
- Not travel outside the United Kingdom, the Channel Islands or the Isle of Man, except with the prior permission of the supervising officer or for the purposes of immigration deportation or removal.
- In 1993, 100 paroled prisoners were recalled to prison
- In 2018, 6000 prisoners were recalled
- In the year to March 2025, 13,600 prisoners were recalled.