11 May Explain the due process rights of parolees who are facing parole revocation. Make sure you discuss which Supreme Court decisions established those
QUESTION 1
Explain the due process rights of parolees who are facing parole revocation. Make sure you discuss which Supreme Court decisions established those due process protections.
Q2 Your job is to refer to information that you have read in the links (the link in this question AND the link in #2 above) in your answer. Give me an answer that has been informed by the research!!! Minimum 1 page.
Q3
In your OWN words (paraphrase the information provided in your words, no quotes), explain how parole release decisions in Texas are based on both an offender’s score on a risk assessment instrument and offense severity. Summarizing this process in your own words (without copying the online description) may be challenging! Check out the Parole Guidelines link to answer this question. 3 paragraphs minimum.
Q4
Explain what is different about the Texas Parole Review Process, found under the link for Parole/Mandatory Supervision.
MODULE 10: PAROLE AND PROBATION
LISTEN TO: COMMENTARY ON MODULE 10
READ:
1. Chapter 10 in the textbook
1. “Felon Voting Rights,” National Conference of State Legislatures, 1/8/2021: https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx
1. The website for the Texas Board of Pardons and Parole: https://www.tdcj.texas.gov/bpp/
Module 10 Assignment (due 5/11, no later than 11:59 pm)
Worth a maximum of 22.5 points toward the final grade
QUESTION 1
Explain the due process rights of parolees who are facing parole revocation. Make sure you discuss which Supreme Court decisions established those due process protections. 1 page minimum.
QUESTION 2
After reviewing the “Felony Voting Rights” site, give your opinion about the current trend toward expanding the voting rights of convicted felons. Check out this site about felon voting rights in Texas: https://versustexas.com/felony-voting-rights/. (I am not familiar with the law firm that sponsors this information.) In your answer, let me know that you consulted the links I have posted in this Module for you about felony voting rights. I am looking for an answer that is more than, “I think this … or I think that…” Your job is to refer to information that you have read in the links (the link in this question AND the link in #2 above) in your answer. Give me an answer that has been informed by the research!!! Minimum 1 page.
QUESTION 3
In your OWN words (paraphrase the information provided in your words, no quotes), explain how parole release decisions in Texas are based on both an offender’s score on a risk assessment instrument and offense severity. Summarizing this process in your own words (without copying the online description) may be challenging! Check out the Parole Guidelines link to answer this question. 3 paragraphs minimum.
QUESTION 4
Many states conduct parole hearings where the offender appears in-person before a panel of parole board members or the entire parole board. Sometimes you see television shows or documentaries where the offender actually sits in front of the board. Explain what is different about the Texas Parole Review Process, found under the link for Parole/Mandatory Supervision.
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Probation & Parole
Conditional Release
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Probation & Parole
Be sure to use the terms properly!!!
Significant variation in state laws about probation & parole.
Fewer court decisions about the rights of probationers & parolees than about incarcerated offenders
Parole laws are especially complex and have gone thru major changes in the last 20 years
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3 major issues
Rights of offenders being considered for parole release
Other constitutional rights of probationers and parolees
Rights of probationers & parolees in revocation process
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Conditions of parole & probation
For parole – conditions on parolees are imposed by parole board. For probationers – depends on the state
Parole board has lots of discretion with imposing conditions
Conditions must be constitutional, reasonable, unambiguous, related to rehabilitation
Conditions of parole & probation
Nonassociation conditions (1st Amendment) not usually successful
Arciniega v. Freeman (1971): prohibition did not include incidental contact
Restrictions on travel usually upheld
Requirements to be in a place at a specific time usually upheld
Conditions on parole & probation
1st Amendment freedom of religion issues – generally cannot restrict church attendance or require it
Can require education & vocational training
Can require therapy/counseling
Can mandate restitution but Bearden v. Georgia (1985)
https://www.tdcj.texas.gov/bpp/policies_directives/policies_directives.html
Parole Release Procedure – what due process rights do offenders have?
Parole is a privilege and not a right – it’s a discretionary decision based on an evaluation of an offender’s future conduct
Greenholtz v. Inmates of Nebraska Penal and Correctional Complex:
The 14th Amendment’s due process clause does not apply to a decision to release an inmate conditionally before the end of a prison term.
If the language of a state’s parole statute creates a liberty interest for prisoners in the parole decision, inmates may have constitutional due process protections as a result of the state law.
An informal process is all that is required.
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Fifth Amendment Rights
Probation/Parole officer does not have to give their client Miranda warnings UNLESS the client has been placed under arrest
Conversations between probationers/ parolees and their officers are not confidential
Fourth Amendment Rights
Griffin v. Wisconsin (1987):
A law allowing warrantless searches of a probationer’s residence by a probation officer and based on “reasonable grounds” is valid and does not violate the probationer’s Fourth Amendment rights.
right to search often in probation/parole contract or in terms of a consent form signed by offender
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Fourth Amendment Rights
United States v. Knights (2001): when a police officer has reasonable suspicion that a probationer subject to a search condition is engaged in criminal activity, a warrantless search is constitutional based on the probationer’s diminished expectations of privacy.
10
Fourth Amendment Rights
Samson v. California (2006):
A warrantless, suspicionless search conducted by a police officer of a parolee does not violate the Constitution
Fourth Amendment Rights
Pennsylvania Board of Probation and Parole v. Scott (1998)
The exclusionary rule, prohibiting the introduction of evidence seized in violation of the Fourth Amendment's protections against unreasonable search and seizure, does not apply to parole revocation hearings.
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Revocation
Morrissey v. Brewer (1972):
Due process requires that, at a minimum, parole revocation procedures include:
(1) written notice of the claimed parole violation; (2) disclosure to the parolee of the evidence against them
(3) opportunity for the parolee to present evidence and witnesses and be heard
(4) right to confront and examine witnesses
(5) neutral and detached hearing committee
(6) written statement by the parole board of the evidence & reasons for revoking parole.
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Morrissey v. Brewer (1972)
Supreme Court said offender is entitled to
1) preliminary hearing after arrest to determine if there is PC to revoke parole AND
2) final hearing to decide on revocation within a reasonable time (Court commented that a final hearing within 2 mos is reasonable)
Morrissey is a PAROLE revocation case
Court spoke about a revocation as a “grievous loss”
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Revocation continued
Gagnon v. Scarpelli (1973)
requirements for a probation revocation hearing are identical to the requirements for a parole revocation hearing
There is no absolute right to an atty during the probation or parole process: available when charges are contested or when there is mitigating evidence and the reasons are complex or difficult to present.
Practice in many states has become to provide attys
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Rights in the Clemency Process
Connecticut Board of Pardons v. Dumschat (1981): It does not matter that clemency has been granted frequently, it is a discretionary decision and an inmate has no due process protections in the clemency system.
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Clemency
https://statutes.capitol.texas.gov/Docs/CR/pdf/CR.48.pdf
https://www.justice.gov/pardon/pardon-information-and-instructions
Collateral consequences of a felony conviction
The right to vote:
https ://www.sentencingproject.org /
Criminal backgrounds checks:
http://www.communityalternatives.org/pdf/Reconsidered-criminal-hist-recs-in-college-admissions.pdf
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Collateral consequences
https://www.kxan.com/news/gov-abbott-embraces-ban-the-box-laws-to-help-formerly-incarcerated-texans-find-work /
Public housing
Collateral Consequences
Parental rights:
http://www.ncsl.org/documents/cyf/childrenofincarceratedparents.pdf
Pp. 5-6
Federal rights
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MODULE 10: PAROLE AND PROBATION
PLEASE ONLY USE TEXTBOOK AS REFRENCE TO COMPLETE ASSIGNMENT AND LINKS PROVIDED
LISTEN TO: COMMENTARY ON MODULE 10
READ:
1) Chapter 10 in the textbook
2) “Felon Voting Rights,” National Conference of State Legislatures, 1/8/2021: https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx
3) The website for the Texas Board of Pardons and Parole: https://www.tdcj.texas.gov/bpp/
Textbook: The Legal Rights of the Convicted
Barbara Belbot, Craig Hemmens, Michael R. Cavanaugh
Link to textbook:
https://www.perlego.com/book/2028034/the-legal-rights-of-the-convicted-pdf
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