A review of discretionary parole systems

 Parole, the release mechanism which could significantly reduce the number of people behind bars, has reached a moment of reckoning. Dysfunctional in some states and banned in others, parole looks really different from state to state. But parole is a system worth having, if states can implement it fairly and broadly, reported the Prison Policy Initiative.

This two-part report builds out work we started with the MacArthur Justice Center, which resulted in a “North Star” document of Parole Principles. These principles establish a vision of what our parole systems should look like, knowing that every state’s system is different and each faces different political realities.

We set out to surface some of the overlooked aspects of discretionary parole, particularly the stages before a parole release decision is made. We wanted to know about how parole boards are composed and how they do their work, how parole applicants navigate through preparing for and having their hearing, and how policy and practice translated into the latest parole grant rates.

This report is meant to serve as an essential resource for lawmakers, advocates, journalists, incarcerated people, and others interested in starting a deep dive into their own parole system and identifying impactful reforms.

Part 1: How parole boards and hearings work

In this part, we examine parole boards in 35 states with discretionary parole — how they're formed, who is appointed to them, and how they carry out their work. We also look into how parole hearings work, such as whether they are public, or held in person. Our policy scan reveals that states take wildly different approaches to parole boards and hearings, most of which are unlikely to provide a fair, efficient process for those who are eligible or become eligible for release through reform.

Part 2: How parole decisions are made

In this second part, we dive deeper into parole grant rates and the decisionmaking guidelines and realities that lead to those rates. We filed public records requests and pored through publicly available reports and data dashboards to find the number of parole hearings and grants in 2023 and 2024. In absolute terms, every state with discretionary parole is granting release to fewer people each year, and many are holding fewer parole hearings in 2024 compared to five years ago.

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