Early Release Essay ⋆ Criminal Justice Essay Examples ⋆ EssayEmpire

Inmates commonly serve much less time behind bars than the periods of incarceration to which they are originally sentenced. There are three main explanations for why inmates may be released early: (1) inmates have earned “good time credit,” (2) states or counties use emergency release procedures to alleviate overcrowding and/ or budget deficits, and (3) elderly inmates may be granted geriatric release if they suffer from terminal illnesses or Alzheimer’s. Various ethical issues related to each of these sources of early release make the topic a highly debated issue in the field of criminal justice.

One reason that inmates may be released early is a result of what is referred to as “good time.” If an inmate has a minimal number of prison misconducts or rule violations, participates in rehabilitative programming, and generally shows that he or she can function well in the institution, the inmate may receive good time credit. Good time credit is essentially a reduction in sentence length. While a judge may sentence an inmate to a term of five years in prison, it is possible that the inmate may be eligible for release before the five years have been served as a result of good time. Inmates serving time in federal prison are generally granted 54 days of good time credit for every year served behind bars. For inmates in state prisons, the eligibility for good time credit varies substantially from state to state.

Some critics of good time credit claim that this policy is unethical because it represents dishonesty in sentencing. Victims as well as society at large may expect an offender to serve the full length of the prison term imposed at the sentencing stage. Other critics suggest that it poses a risk to public safety because the length of incarceration determined at sentencing is believed to be the length of time sufficient for effective incapacitation of the offender. If an offender is released before the full sentence has been served, it is possible that the offender will threaten community safety following release. Some believe that good time credit may minimize any deterrent effect of punishment. According to this perspective, if offenders know that they are not likely to serve the long periods of incarceration to which they are sentenced, they are less likely to be discouraged from offending in the future.

In an effort to minimize the use of good time credit as a form of early release, many states have instituted truth-in-sentencing laws. Such laws require inmates to serve behind bars at least 85 percent of the period of incarceration given at sentencing. For example, if a convicted individual is sentenced to 10 years in prison, he or she is not eligible for parole release until 8.5 years have been served behind bars regardless of the amount of good time credit he or she may have earned.

Emergency release is another type of early release. As a result of the explosion in the size of the prison population since the 1980s, many prisons and jails are overcrowded. This means that the facilities are housing more inmates than they were designed to hold or are physically capable of holding. For example, many prison or jail cells that were originally designed to house two inmates may now house three inmates. Additionally, spaces within a prison or jail such as a gymnasium or a school may now serve a dormitory function. Overcrowding is viewed as unethical because it can pose a danger to the safety of correctional staff, threaten inmate health and safety, and result in limited inmate access to rehabilitative programs, such as education, job training, and substance abuse treatment or counseling.

Courts have found some overcrowded prisons and jails to be unconstitutional because the conditions are considered cruel and unusual punishment. Emergency release is a mechanism used to ameliorate overcrowded or unconstitutional prisons and jails. In order to identify which inmates should be released under an emergency release initiative, the state may use several different strategies. One approach is to reduce the date in which all inmates are eligible for parole by a certain number of days or months. This means that a greater number of inmates would be eligible for parole sooner and would subsequently be released sooner. States may also determine which inmates should be eligible for emergency release, depending on their types of offenses. Inmates serving time for property or drug offenses may be eligible for emergency release, but violent offenders may not be eligible.

Emergency release from jails or prisons may also be used to ameliorate budget deficits in counties or states. If a jurisdiction needs to cut funding from the corrections budget, releasing inmates under emergency release initiatives may help balance the budget.

The ethical issues described above in relation to early release on good time credit (dishonesty in sentencing, threats to public safety, and weakened deterrent effects) are also applicable to the policy of emergency release. However, emergency release also creates another major ethical issue related to the extent to which inmates are sufficiently prepared for a return to the community. Inmates who complete their entire sentences behind bars, those who calculate their own good time credit, and those eligible for parole have at minimum a general idea about when their release date will be scheduled. When inmates know their release date, it is much easier for them to plan for their release in terms of setting up stable housing, employment, health care, family reunification, and other important steps in the reintegration process.

In contrast, inmates who are released under emergency release procedures are not typically aware of their release dates. It is thus much less likely for them to have an approved home plan in place and less likely that they will have the time necessary to sufficiently prepare for their reintegration in the community. As a result, some research suggests that individuals released under emergency release procedures may be more likely to recidivate and more likely to overdose on an illegal substance. Some critics maintain that it is immoral or unethical to release inmates without proper time for and assistance in planning for reintegration.

The third reason some inmates may be released early is related to their age. As a result of mandatory minimum sentencing, tightened parole restrictions, and the increased use of life sentences, the prison population now includes a greater proportion of elderly inmates than in past decades. In addition to the regular costs associated with housing healthy inmates, elderly inmates can create additional costs for the prison system because their health care costs are generally much higher and they may need to be housed in less restrictive environments that can accommodate their physical limitations. With many jurisdictions feeling the pressure to cut correctional budgets without posing a risk to public safety, geriatric release, or the release of elderly inmates with terminal illnesses, Alzheimer’s, or dementia, has been proposed.

While 15 states and the District of Columbia had formal geriatric release policies in place as of 2009, geriatric release is rarely granted. Political pressures and public opinion are key explanations for the infrequent use of geriatric release. Some claim that the correctional goal of retribution is not sufficiently served by allowing elderly inmates to be released from prison before their entire sentence has been served. In contrast, others claim that the correctional goals of rehabilitation and incapacitation are not threatened by releasing elderly and/or terminally ill inmates because these individuals are no longer likely to benefit from rehabilitative programming and they do not pose a risk to public safety. Additionally, some suggest that it may be unethical to incarcerate individuals who suffer from Alzheimer’s or dementia if they do not remember the crimes they committed.

Early release as a result of good time credit, emergency release procedures, and geriatric release continues to be a controversial issue in the criminal justice system. Society’s views on whether or not these practices constitute ethical criminal justice policy largely determine the extent of their use.

Bibliography:

Austin, James. “Using Early Release to Relieve Prison Crowding: A Dilemma in Public Policy.” Crime & Delinquency, v.32 (1986).
Chiu, Tina. “It’s About Time: Aging Prisoners, Increasing Costs, and Geriatric Release.” New York: Vera Institute of Justice, 2010.
Merrall, Elizabeth, et al. “Meta-Analysis of Drug-Related Deaths Soon After Release From Prison.” Addiction, v.105 (2010).
Wright, Kevin A. and Jeffrey W. Rosky. “Too Early Is Too Soon: Lessons From the Montana Department of Corrections Early Release Program.” Criminology & Public Policy, v.10 (2011).

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