Policy Statement 2, Recommendation B
Identify what state and local policies influence and govern re-entry.
Identifying state and local policies that impact released prisoners is a critical step in developing programmatic interventions. Developers of re-entry initiatives should become familiar with local laws, regulations, and various agencies' policies and procedures, so that they may align initiatives within those parameters or determine which ones should be modified. Knowledge of these policies also enables policymakers to develop appropriate strategies for addressing service gaps, such as the lack of programming or community opportunities.
Policies surrounding preparation for release, discharge planning postrelease case management, and supervision vary tremendously across jurisdictions and even among prisons, making them difficult to identify. For example, some states still retain discretionary release, for which a parole board examines an inmate's institutional adjustment and future life plans before making the release decision, while other states rely on statutes to determine the date of release. (See "Parole Status by State" Chart, Appendix, for a state-by-state guide to the discretion allotted to each state's decision makers concerning release from incarceration.) And, as mentioned under the previous recommendation, policies in some states mandate the supervision of high-risk prisoners upon release. By contrast, policies in other states require that prisoners who pose the highest risk serve all of their time behind bars, and thus face no supervision once released.
Policymakers and program planners should look closely at local and state policies that relate to or affect each of the following:
- Sentencing statutes
Sentencing statutes, including mandatory minimum and truth-in-sentencing (TIS) statutes, often result in changes in the composition of the released prisoner population over time. In Illinois, for example, TIS laws enacted in 1998 mean that, over time, released prisoners will have served longer sentences. Because released prisoners will have been removed from the workforce and their families for longer periods, the re-entry challenges of obtaining employment and family reunification will be greater.
- Statutes governing the decision-making process for release from jail and prison, postrelease supervision, and probation.
Supervision policies can have an impact on whether or not people released from prison or jail are subject to revocation based on technical violations, which can be important when developing a re-entry initiative aimed at reducing the number of released prisoners who are returned to prison.
- Regulations governing the objectives and conditions of probation and postprison supervision.
Supervision philosophies and accompanying policies change over time and with different administrations. Some supervision policies focus primarily on surveillance, while others focus more on the provision of services; both approaches have implications for a released prisoner's re-entry experiences in the community.
In addition to criminal justice policies, many other state and local policies can affect a returning prisoner's reintegration into the local community. For example, because of variation by state in the implementation of federal benefits programs, people released from prison or jail may be ineligible in some states for food stamps, veterans' benefits, financial assistance for education, public housing, and/or benefits through the Temporary Assistance for Needy Families program (TANF). These exclusions can have a profound effect on the outcomes of returning prisoners. (See Policy Statement 24, Identification and Benefits, for a discussion of these policies.)
Acquiring information on policies affecting prisoner re-entry begins with an examination of existing resources, such as state statutes, administrative codes, annual reports published both by corrections agencies and by social service and treatment agencies. Some corrections agencies have dedicated research staff who are able to provide descriptive information.
Example: Planning and Research Section, Washington State Department of Corrections
The Washington Department of Corrections' Planning and Research Section provides information on offender populations, program performance, and policy impact. This data is used for strategic planning, evaluating and directing the operations of the Department of Corrections. The Planning and Research Section collects and distributes this information to the 15 state prisons, 16 work release facilities, and numerous community corrections offices throughout the state. [1]

