Parole is a hazy, off-in-the-future event in the life of a homicide survivor. In the immediate aftermath of murder, it might not even cross our mind. But for about a third of us, it does come in time. Unless the sentence was “life without parole” we face a tough decision. If allowed to attend, should we? Having detailed info helps.
Just so you know, federal parole boards ended in 1987. At the state level, most boards are part of a state’s Department of Corrections. Others exist in the executive department as a separate agency with decision- and rule-making power. Parole boards are appointed by the governor in most states and confirmed by the Senate for six-year terms.
So who exactly are parole board members? Their backgrounds vary. Some are former judges and police chiefs, psychiatrists, criminologists, psychologists, and community members. A few boards include a former convict, but most don’t. Many states require a four-year degree. Parole boards can pardon inmates and “expunge” (erase) their criminal records based on new evidence.
Parole vs. Probation
Just to be clear, parole and probation are different. Parole leads to probation. It happens before the inmate is released. Early parole is granted (or not) while still incarcerated. The timing does not necessarily mesh with the sentence given by the judge. Parole hearings determine if early release is warranted. Some factors that go into this decision are the behavior of the inmate while behind bars, crowding, and the notoriety of the felon. But changes in laws also influence parole decisions.
Take the example from Washington State involving the 2003 conviction of serial murderer, Gary Ridgeway. He admitted to killing 49 women in and around SeaTac Airport near Seattle. He was suspected of 30 more. His victims were normally “acquired” from bus stops. He became known as the “Green River Killer” because of the name of the nearby river where bodies were dumped. Once sentenced, no one thought Ridgeway stood a chance of seeing the light of day ever again.
But, rather quietly, the Washington State Senate passed House Bill 5036 in 2021 without a public hearing. It did away with the sentence of life without parole. And, it was retroactive. So, anyone who had served a considerable portion of their sentence could petition to have it commuted. Governor Inslee signed the change into law in July of 2023.
Gary Ridgeway qualified. The only reason this serial murderer was not released was a technicality. At the time of his original sentencing, he signed a waiver giving up his right to exoneration in the future. He did so to avoid being sent to Oregon to face more murder charges where they have the death penalty.
Despite the perception that “everyone” is released early (granted parole), only 8% are given “discretionary parole.” It’s difficult, but important, for us to remember that the parole board’s job is not to judge morality. They determine if the prisoner is at low risk to re-offend, based upon their conduct while incarcerated.
Probation occurs after release. Probation Officers enforce the conditions the prisoner agreed to at the time of release. If they violate those conditions, they face the likelihood of re-incarceration. Some conditions are fairly standard, (such as not getting convicted of another crime, not associating with other felons, keeping their address updated, and so forth). Other parolees have specific conditions (such as adding their name to the Sex Offender Registry, not living within a certain distance from a school, or finishing their GED.)
Parole is Slowly Going Away – So is Our Participation
Fourteen states have done away with parole altogether: Arizona, Delaware, Florida, Illinois Indiana, Kansas, Main, Minnesota, Mississippi, North Carolina, Ohio, Oregon, Washington, and Wisconsin.
For years homicide survivors were allowed to give input into the parole decision in front of the parole board. That is fading but not gone entirely. Parole boards increasingly speak out about their objections to our participation, along with the ACLU. They believe we are irrelevant because we have nothing to say about the prisoner’s conduct behind bars. They also question our mental health and objectivity, given the strain we’ve been under. While victim input helps the fuller understanding of the crime on people in the community, a recent New York State study found that, even when it is given, crime victim input was not a significant predictor of parole release.
Some survivors, (such as Lynette Duncan, pictured above), have been asked to sign a document stating they understood that prison staff would not be coming to their aid if they were held hostage. Then there are the expenses associated with attending, such as time off work, travel, meals, hotel, and so forth. But increasingly parole hearings are held via Zoom.
When survivors attend, they look around and find no one who initially pledged support at the time of the crime to still be around. Parole hearings often take place fifteen years after sentencing. People have gone back to their lives long before then.
Getting information about parolees and parole meetings isn’t easy. Not all prisons have online databases. If the prisoner is considered high profile, or if their name triggers heightened security concerns, their name won’t appear. We might have searched the wrong database because we were not told that the prisoner had been transferred to another facility. If the case is older than 1983, it may not be in the database. Not all websites are kept current.
As victims, we can register to be notified of a convict’s parole eligibility, transfer, release, pardon, escape, parole board decisions, name changes, subsequent convictions, and revoked paroles. The best place to begin is with the Prosecuting Attorney’s office or Victim Services Advocate.
Generally, homicide survivors who do attend these hearings find them stressful. The rules, procedures, and frequency of parole meetings are vague and variable. We fully understand that the effects of the crime are not short-term. It reawakens the pain of what happened especially when the convicted is sitting nearby us in the same room with the parole board. (Some are on CCTV.)
Despite all the rational reasons not to attend a parole hearing, many survivors feel compelled to do so anyway. They want the memory of their deceased loved one not to be lost in the mix. They feel the need to bear witness. It is a highly personal and isolating decision. There is no right or wrong decision. In the big picture, it is another tough step in the long journey of life as a homicide survivor.
For more information from the perspective of a homicide survivor who has attended numerous parole hearings, tune in to the May 8, 2024 episode of Domino Effect of Murder featuring Jeanne Dotts Brykalski.
