Parole (also known as provisional release or supervised release) 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.

Originating from the French word parole ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word.

Parole

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.

Parole

Modern development

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.

Parole

In an instance of multiple discovery, in 1846, Arnould Bonneville de Marsangy proposed the idea of parole (which he termed "preparatory liberations") to the Civil Tribunal at Reims.

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 has 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 so-called "Deri Law"). The law was originally intended to help ease overcrowding in prisons.