Conditions of Release: Surveillance or Rehabilitation?
In this section, first the findings from examining the parole case files will be presented. Initially, 87% of the sample was placed at the most intensive level (high-risk) of supervision which entailed weekly check-ins. The frequency of check-ins decreased for all participants who were still under supervision a year after release.
Table 2 presents information from the case files on (the co-occurrence of) parolees’ specific release conditions, sorted by the total number of conditions. Mandatory check-ins were part of the specific conditions in all cases (n = 23). Participants also had to comply with other controlling conditions such as home confinement with curfews (n = 13) and location bans, sometimes for multiple cities (n = 11), both enforced by electronic monitoring. Although the imposed specific conditions revealed a focus on surveillance and monitoring, importance was also given to more rehabilitative conditions. Almost two thirds of the sample were ordered to undergo psychological treatment (n = 14), which usually involved an assessment to determine if someone needed psychological help and in case they did, the provision of treatment. Various participants had to live in an assisted living facility as part of their reintegration (n = 10), take part in behavioural or vocational courses (n = 7) and a few had to undergo drug treatment (n = 4). Surveillance and rehabilitative conditions were combined in almost all cases. Only two parolees had to comply exclusively with surveillance conditions and the far majority (83%) was subjected to three or more specific conditions.
Table 2 Specific release conditions of parolees in this study (sorted by the total number of conditions), their perceptions of the parole experience at T2 and T3 and their desistance trajectories (N = 23) With regard to violations of the conditions, ten men missed at least one, but usually multiple check-ins, eight men ignored a curfew at least once and five had at least one positive drug test (mostly for cannabis) or relapse.Footnote 10 Not all violations were sanctioned. Responses to violating specific conditions mostly consisted of an official warning or a reprimand,Footnote 11 while revocations were almost exclusively requested when a new crime was committed. A total of 30 sanctions (of 14 participants) could be found in the parole files: almost half of the sanctions were official warnings, a quarter concerned revocations of conditional release and a few were reprimands. A typical reason to give an official warning was to stress the importance of following the rules and allow for second (or final) chances if the parolee was perceived to be motivated and to have good intentions (see also [4]). The following note of a PO is a good illustration of the deliberation of such a response:
Given the motivation he shows to get his life back on track, the Probation Service advices to give Mr. [name parolee] an official warning which serves as a second chance in order to successfully finish his supervision and the programme at [name reintegration organization]. (Note from parole file Nathan)
Alternative responses from POs to unsanctioned violations included having a serious talk with the parolee and denying a request for minimising curfew hours in order to gain more freedom.
It is worth mentioning that, despite supervision literature pointing out a shift towards a surveillance approach (which is also reflected in the imposed conditions), the PO’s practice in the far majority of the cases reflected a caseworker approach. Sometimes, this turned into a surveillance approach focused on monitoring and sustaining compliance when the parolee seemed reluctant to cooperate (see [47]). Yet in general, POs mediated in problematic family situations, showed understanding for the impact of imprisonment and requested to slightly adjust curfew hours or location bans if they were thought to hinder reintegration opportunities. Parole files indicated that issues such as parolees getting used to freedom and practicing with aspects of pro-social life (such as taking a date out for dinner or visiting children in the restricted area) were seen as valuable by POs and were reasons to use their discretionary power to adjust conditions. Examples of POs calling credit bureaus to manage debts and assisting with administrative matters were also found. Furthermore, POs ‘defended’ parolees when they were being subjected to criticism from external organisations, such as job agencies. Illustrations of the above can be found in the following notes from POs found in the parole files:
I agree that Mr. [name parolee] cannot always be relied upon with appointments, but I also think a lot is expected from him. He was in [prison] for a long time and right now, what he needs is an encouraging approach but the focus currently seems to be merely on keeping his appointments. (Note from parole file Martin)
[Parolee] wanted to extend his curfew hours this weekend so he can take his girlfriend out for dinner. I gave him permission so he can practice with aspects of social life.(Note from parole file Pascal)
In sum, analyses of the case files of the participants yielded evidence of both a surveillance and a rehabilitative approach. On the one hand, a multitude of requirements characterised the conditional release of the current sample. Moreover, conditions indicated high levels of supervision intensity as a result of the nature of the offences combined with individual risk scores. On the other hand, notes from POs in the parole files suggested that they are understanding of the difficulty of meeting all these conditions and the trial-and-error nature of the desistance process. Violations of conditions were common, but often did not result in immediate revocation of release. Instead, alternative options were first deployed before official warnings were sent out.
Experiences of Parole Supervision
The parole experience as reported by participants was not in all cases consistent with the impression from the parole files. Three months (T2) and a year after release (T3), the parole experience of (more than) half of the sample (n = 14 at T2 / n = 11 at T3) could be characterised as being primarily focused on surveillance, while for others (n = 9 at T2/n = 8 at T3), the supervision by the PO was perceived as engaged and supportive, resembling a caseworker approach. Most participants were consistent at both follow-up interviews in how they experienced their supervision (see Table 2). Only one participant shifted from experiencing his supervision as controlling in the first months after release to more focused on his desistance process at the 1 year after release follow-up. Furthermore, perceptions of parole supervision did not necessarily seem to be related to the co-occurrence of conditions, nor to desistance. Table 2 shows for example that the four men who had to comply with two conditions were equally likely to characterise their supervision as surveillance-oriented (or caseworker-oriented) as the seven men who had to fulfil six or more conditions.
A distinction was often made by the parolees between the requirements officially imposed by ‘the system’ (surveillance) and the human element of the supervision—the interaction with the PO (caseworker).
However, the human element in supervision did not automatically reflect a caseworker approach. In fact, only men who reported they felt their PO was supporting their journey in any way were assigned to the ‘caseworker-group’. When supervision according to the parolees predominantly entailed the monitoring of their compliance to the strict conditions and the PO was just doing his or her job, with no perceived extra effort in their view, the reported supervision style was classified as surveillance. In this sense, the PO was seen more or less as a pawn of the system, for example: ‘I thought they would be able to help you more instead of you just attending check-ins and explain what you have been doing’ (Sam, T3). Participants who experienced a surveillance approach were less positive about the parole experience although they usually described their PO as a nice person. They just did not find the supervision helpful in any way. For example, at the in-prison interview, Tony (CCC) who was involved in crime from a young age showed some insight into his deficits and his strengths when thinking of the future: ‘My dream is to open my own garage. I can fix any vehicle that needs to be fixed. I don’t have any papers, but I am creative. I know how to solve things and make money’ (T1). Then, 3 months after release, he said he had expected more from his parole supervision towards his goal, yet he thought his PO officer was a nice person:
JD: How is your parole officer?Tony: A flex chick, very relaxed and also honest.
JD: What is the role of parole supervision?Tony: they do not really help. She [PO] also says I have to wait with jobs, because I have to finish this aggression regulation course. She says, this is court ordered so we have to do it. […] I think it would be really good if there was some help with finding ways to get through the day. Even a project [unpaid] to have ex-prisoners sweeping the streets after a night out. Just to keep busy, you know. Parole supervision is more of an information desk: you come in with a question and they give you information, but help… No (T2).
At the final interview, Tony expressed frustration after a string of unsuccessful job interviews, including at garages:
Tony: They want people with diplomas. Yeah well, I don’t have one, but I am ten times more experienced than someone with papers. If I only got the chance to prove that…
JD: And the role of your PO?
Tony: She [PO] does arrange some things for me, if I can’t come to a check-in for example. But I feel the things she does are not helping me. [...] If you really want the best for me, please help me to gain some work experience. At least then I can put something new on my resume, something that’s real. (T3)
Tony’s expectations about parole supervision entailed strengths-focused building of capital, particularly in the area of employment. He was aware of skills he had, but at the same time lacked the opportunity to employ them and expected help from his PO, especially considering his own efforts to find a job. His disappointment with the experience of parole supervision (and thus the qualification of ‘surveillance-focused’ approach) may partly be explained by unrealistic expectations about what a PO can achieve and is within the remit of supervision.
The perception of supervision as a caseworker approach was characterised by the following: (a) the use of discretion, for example to adjust conditions in order to accommodate personal situation and tolerating missteps. This aspect of the PO resembles Lipsky’s [43] notion of the street-level bureaucrat, who is a mediator of official requirements; (b) a PO being perceived as going above and beyond official duties to help a parolee. Here, the PO is viewed as a social worker and advocate, assisting in rehabilitation efforts; and (c) a PO as being very supportive, listening, offering guidance and confronting bad behaviour. Here, the PO is experienced as a mentor. Reactions illustrating the caseworker style included ‘He supports me in every choice I make’ (Xavier, T2), ‘She already put in more hours than she officially was allowed to arrange everything asap’ (Casper, T3) and ‘He supports me, he helps me, he watches me’ (Oscar, T2).
The Parole Experience and Dimensions of Desistance
In this section, it will be explored how supervisees navigated the release requirements and how this interacted with different dimensions of desistance. These dimensions of desistance are not mutually exclusive and are not necessarily ordered in a specific way. Thus, a person can report evidence of act-desistance and relational desistance; only identity desistance; or any other combination of dimensions (including, of course, no form of desistance at all). More than half of the sample (n = 14) were act-desisting up to a year after release and the majority (n = 16) mentioned some attempts at identity desistance in their interviews (even some men who were not act-desisting), for example as an employee, a parent, a loyal partner or a ‘good’ son. Half of the sample (n = 11) reported some form of recognition and/or support coming from either significant others, their PO or both. Finally, three men did not report on any of the dimensions at all. To clarify the ways in which the parole experience may help or hinder the desistance process as perceived by parolees, we analysed the reported experiences from pre-release up to a year after release in relation to the three dimensions of desistance.
Act-Desistance
Two thirds of the men who reported a supervision experience resembling a caseworker approach were refraining from crime up to a year after release, while this was the case for half of the men who experienced supervision as surveillance-oriented (see Table 2 for offending across the three waves). The men who experienced a caseworker approach were generally positive about the (practical) help they received in their efforts to desist. The men who reported a supervision style that was classified as surveillance-oriented were less positive about their supervision experience, but nonetheless, for some of them, act-desistance seemed to be facilitated through constrained or instrumental compliance [9]. This compliance, then, was considered the best choice given rational calculations about the consequences of not adhering to the conditions (recall to prison). For example, Milo (CNN) made up his mind after release that he did not want to go back to prison and dealt with parole in the following way: ‘Whatever they say, I just say “ok”. I am not going to argue with them, they are my key to the outside world.’ (T3).
The use of electronic devices to monitor curfews and location bans created an externally imposed structure emphasising routine and self-control, placing physical restrictions on parolees’ conduct. The ankle bracelet was experienced as helpful in initial stages after release when it helped resistance of temptations, but became a hindrance when people were spending more months in society and were moving beyond this to establish new routines and relationships. For example, in prison, Sam (NNN) had mixed feelings about the upcoming tag (‘I get an ankle bracelet like a dog’ T1), but admitted to the positive effect it had on him 3 months after release when he was still unemployed:
It provides some structure. I don’t know what would have happened if I did not have the ankle bracelet. Maybe it would be the same, maybe not. (T2)
A year after release, Sam was full-time employed and reflected back on the past year of electronic monitoring:
I think I needed it back then. Especially then, when I did not have a job, yeah. You don’t do much all day. And inside your head, it’s chaotic, you are just out, your social welfare has not been arranged, you have to get used to outside. Then it’s a good thing you have a curfew and you have to be inside and all that. (T3)
However, he was still bound to the ankle bracelet a year after release and now felt it had lost its purpose and was nothing more than, literally, ‘a burden to his leg.’
Although half of the parolees who said their parole experience was surveillance-oriented refrained from offending up to a year after release, the other half continued to offend. For them, surveillance-oriented conditions did not facilitate constrained nor instrumental compliance. The conditions were also easily ‘cheated’ and could even mask the disengagement from the supervision for some individuals continuing crime. A few parolees who continued crime described in the interviews how they were able to fool their PO and the criminal justice system in thinking they were doing well and refraining from offending, when they were actually back committing crime instead (but no official offending on criminal records). One of them got caught by the end of the research period which then revealed his criminal activities to the criminal justice system and the PO, while the others managed to hide it from the officials throughout the follow-up period. Frequent check-ins as part of intensive supervision may then offer the illusion of control and surveillance, but may in fact fail to uncover a form of deceit (Irwin 1970) or ‘gameplaying’ [11], which refers to having little respect for regulation and seeking ways to fool the system. For example, three months after release Martin (ACC) said:
You have to give them that idea, or they are not going to leave you alone, you know what I mean? See, you have to step in here like you’re a whole other person otherwise you are not going to make it, man.JD: Otherwise they are going to pay a lot of attention to you?
Martin: Yes, a lot of attention. And you can tell them you want to work, but you also have to show it, you understand? So I go to a job interview and I really go, because they can verify it with GPS. And I take the business card along with me. I just give them the idea that I’m changed. (T2)
Martin’s quote suggests that his parolee performance (Irwin 1970) resembled the role of a reformed offender in the interactions with his PO; part of this role was a commitment to find a job.
Identity Desistance
Many participants reported a real commitment to a worker identity, but also indicated that supervision requirements (mostly surveillance, but also rehabilitative) impeded identity desistance in several ways. First, on a practical level, it stood in the way of exercising new roles, particularly in the area of employment, but also the building of relationships, which became more of a concern (and frustration, due to the constraining conditions) after participants had been released for a few months. Dave (NNN) had to visit his PO weekly during working hours and expressed frustration and fear with regard to his newly acquired role of worker:
Every week, I have to take half a day off work to travel to [location of parole office] and report myself. Then it’s a 10 minute talk about how you are doing and what you are doing at the moment. I say ‘I work and everything is fine’ and I am dismissed. (T2)
Every week is the same. One time, I told her: no, I am not fine [...] I’m trying to get my life back in order, but you prevent me from doing so. You want me to come here [parole office], I have to leave my work for you. If I will be fired, don’t be surprised if I end up on the wrong path again. (T3)
Dave’s initial feelings with regard to supervision as being ‘processed’ [41] evolved into feelings of pessimism and fatalism when he was interviewed a year after release. The check-ins, psychological assessments and coursesFootnote 12 all took place during working hours, which in his perception continuously limited chances of full-time employment. In addition, location bans could block opportunities to re-establish social ties. Pascal’s location ban, for example, successfully removed him from his old criminal network but also made it difficult for him to invest in the relationship with his ill mother who lived in the restricted area. Although feeling hindered in ‘moving on’, both Dave and Pascal and many other men did not resort to crime.
Secondly, the use of electronic monitoring to enforce conditions such as curfews and location bans could be a constant reminder of the offender identity, instigating feelings of stigma. For example, Oscar (NNN) who was being subjected to the ankle bracelet for over a year after release talked about his constant awareness of ‘the system’ at the final interview:
Oscar: I know exactly what time I have to be inside and exactly when it has to be recharged, because they will call you within the next five minutes. The system is completely in my head.JD: Is it normal now?
Oscar: No, certainly not! I got used to it, but I don’t think it’s normal. Because of the ankle bracelet, I am not free. (T3)
Also, feelings of constantly having to prove oneself attacked the non-offender identity some men worked hard to maintain. Xavier (NNN) felt the mandatory drug tests he had to take became humiliating and lost their monitoring purpose a while after release:
After a while you think, is it really necessary? When in my case [after release], I didn’t smoke, I didn’t drink, in prison I didn’t smoke, I didn’t drink and now for over ten months you have seen I’m clean and it remains a constant. It is just a humiliation you know, constantly. (T3)
Although surveillance and rehabilitative parole conditions could be experienced as restrictive, sometimes the PO offered (practical) support further along the way and illustrated that a casework approach could be helpful in creating the necessary ‘space’ for clients to, aside from refraining from crime, also build their non-offender identity. For example, Pascal (CNN), who, in the pre-release interview, actually expected he would be involved in less serious crime after release, tried to adhere to the parole conditions and made attempts to live crime-free at the second and third interview. This was indeed a bumpy road as he had two major drug relapses after the first follow-up interview, but he confessed this immediately to his PO. Although it came as a surprise to his PO, she advised not to revoke his conditional release, because he had continuously showed motivation since release to set things straight.
The Probation Service thinks that sending him [Pascal] back to prison will not have the desired effect. This is because he is getting more and more insight into the motives of his drugs use and he is cooperative to be treated psychologically. (Note from parole file Pascal).
Pascal: I was really happy when I got another chance and did not have to go back to prison, it would be the same road when I would get out, so that’s not a solution. But I got an official warning and it really opened my eyes […] I’ve had some nightmares about the crime I was in for. I wanted to talk to a psychologist and she [PO] arranged that for me. (...) And fortunately, I could also enter the course [drug treatment] I had to finish in the evening. (T3)
In contrast to experiencing parole as solely surveillance-oriented the first months after release, Pascal mentioned it to resemble a caseworker approach a year after release because of his PO creating an opportunity for him to continue to build his non-offender identity and present his changed self. This was done by assisting him with the things he needed and downgrading his supervision to a less intensive level in order for him to work full-time. Thus, although strict supervision conditions could hinder attempts to fulfil new roles in the area of employment and relationships, POs could help to shape ways of achieving identity desistance when they actively assisted parolees’ efforts to change. This was more apparent in the one-year follow-up interviews than shortly after release.
Relational Desistance
Receiving some recognition for attempts to go straight was reported by 11 out of 23 men. Three of these men, however, did not mention the role of the PO in supporting their desistance journey, but only their family and/or partner as a source of recognition. For the other eight men, the contribution of supervision to their relational desistance stood out as the most positive theme in their interviews.Footnote 13 When POs affirmed parolees’ efforts to desist, they were seen as supportive and as mentors. Isaac (ANN) illustrated this view when he said he believed his supervision officer was an important factor in his attempts to stay straight when he slowly started to experience the ‘pain of goal failure’ [59]: ‘Every step I took [since release] was a red sign. No one hired me for my passion and capacities because of my past. (T3)’ Although Isaac had difficulties fulfilling the role of a good father and a worker (attempts at identity desistance), he still felt supported by his PO and managed to stay crime-free throughout the research period:
Isaac: She [PO] is the only person who believed in me. (..) She showed me she was not just a PO, but a person. And that’s what is [important] to me, you know. You have to be able to forget your job sometimes and just experience it together with this person.JD: What did she mean to you?Isaac: She gave me confidence not to do stupid things. Because I will make it on my own, but it’s hard to believe it yourself. You have a label, so relapsing is easy. Hanging in there is the hard part. And she motivated me ‘don’t blow it! Think about what you want and what you want is what you are going to do!’ […] She says that the way I think [about myself], that is how I have to present myself in life, so I can move on. (T3)
Isaac’s strong desire and movement towards desistance was recognised and appraised by his PO, which facilitated a process of pro-social labelling in line with the ‘looking-glass self’ as discussed by Marunaet al. [49]. Put differently, Isaac was able to view himself the way he believed his PO came to see him. She helped him gain confidence to maintain a crime-free life and verified the reformed pro-social identity of a non-offender at which he was working [38, 76]. The role of the PO in contributing to relational desistance seemed even more salient given the limited contact with other people after release. Some participants (Isaac, Pascal, Xavier, Simon, Casper, Oscar) were ‘knifing off’ old criminal networks, but due to strict curfews and location bans, possibilities to (re)connect with non-criminal others were scarce. Some participants (Casper, Pascal) even lacked or had limited contact with their family and in their case, the PO was the main contact with the world outside their home (see also [59]). As a result, chances for recognition and praise for their attempts at desistance were low.