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Parole denied
– what must a prisoner
do to earn release?
Under Michigan’s sentencing system, most prison
sentences consist of a minimum and a maximum term. The sentencing
judge sets the minimum; depending on the crime, either the legislature
or the judge sets the maximum. Once the minimum has been served,
the parole board has the discretion to release the person on parole. If
not paroled, the person must serve the maximum.
In the past, the parole board typically granted
release on the minimum unless there was poor institutional conduct or an
objective reason for finding a current
risk to the public.
Sentencing judges relied on this practice, as did prosecutors and
defense attorneys when they negotiated guilty pleas. Prisoners were encouraged
to believe they could earn their release. At parole interviews, board
members looked for positive signs of growth and change.
Today, the board effectively places the burden on the
prisoner to prove that he or she is not a risk and should not be
required to serve the maximum sentence. The board places the most
emphasis on the crime and on prior record, which the prisoner cannot
change. These are also the two factors they used to determine the
sentence in the first place. Prisoners have very few ways to prove they
are not risks.
- The board gives little weight to a good
institutional record because, it says, good conduct is expected.
- There are very few opportunities for achievement
available, as prisoner programs (like college) have been reduced or
eliminated.
- Prisoners often can’t complete required programs
because the programs aren’t available or they keep getting transferred
or are told they don’t qualify.
- Even when prisoners do complete every requirement,
the board often dismisses the significance.
The parole board also departs regularly from the MDOC's
own parole guidelines. These guidelines assign points based on the
prisoner’s offense, prior record, age, years served, in-prison conduct,
program participation, statistical risk for re-offending and mental
health history. Prisoners who score “high probability for release”
are supposed to be paroled unless the board gives substantial and
compelling reasons for departing from the guidelines recommendation.
However, nothing prohibits the board from relying on factors already
counted. For instance, the board frequently cites aspects of the
offense or the prisoner’s prior record as reasons for denying release.
It also often cites its own subjective assessment that the prisoner is
not remorseful or is minimizing his or her conduct. These
assessments sometimes run counter to those expressly made by MDOC
treatment personnel. Since prisoners have no right to appeal
parole board decisions, there is no way to enforce the parole guidelines
or hold the board accountable for its reasoning.
Not surprisingly, prisoners who do everything expected of
them but are repeatedly denied parole feel frustrated and betrayed.
In addition, when the parole board denies release based on the very same
factors the sentencing judge considered in setting the minimum term,
effectively resentencing the prisoner to the term it thinks is
appropriate, it is frustrating the fundamental purpose of our sentencing
scheme.
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