Home But Not Free: Rule-Breaking and Withdrawal in Reentry

Home But Not Free: Rule-Breaking and Withdrawal in Reentry

Previous works paint three broad challenges with the parole system: material hardship, negative social networks, and carceral governance. Gillian Slee, Gerhard Casper Postdoctoral Fellow in Rule of Law at CDDRL, proposes a crucial fourth explanation for why re-entry fails: socioemotional dynamics.
Gillian Slee presented her research in a CDDRL seminar on November 7, 2024. Gillian Slee presented her research in a CDDRL seminar on November 7, 2024. Marco Widodo

Parole failure in the United States is a growing problem. Prison admissions for parole violations in 2000 were equal to all prison admissions in 1980. By 2021, conditional release violations accounted for 29 percent of all prison admissions. This carceral churn — where people move from prison to parole, then violate parole restrictions and wind up back in prison — is a sign of a flawed system. But why does this happen? In a recent CDDRL Research Seminar talk, Gillian Slee — Gerhard Casper Postdoctoral Fellow in Rule of Law at CDDRL — explored the parole system’s struggles, highlighting the importance of examining the “personal sides” of institutions.

Previous works paint three broad challenges with the parole system: material hardship, where structural adversity complicates life after prison; negative social networks, where disadvantaged social ties can constrain compliance; and carceral governance, where criminal-legal oversight reconstitutes the experience of citizenship. Slee, however, proposes a crucial fourth explanation for why re-entry fails: socioemotional dynamics.

Drawing on two years of extensive ethnographic fieldwork with people on parole in Pennsylvania, Slee’s research reveals how the parole system often overlooks values like dignity and agency, inadvertently prompting parolees to withdraw from or subvert parole guidelines. This structural inattention to how parolees actually interact with institutions leads to rule-breaking, pushing parolees away from supportive resources and toward reincarceration.

How does the parole system affect socioemotional dynamics? Slee identifies three mechanisms:

First, parole rules often fail to align with the needs of parolees, overlooking unrecognized vulnerabilities. Many of the parolees, Slee observed, had been referred to resources they were, practically speaking, ineligible for, forcing them into difficult situations. Parolees see re-entry as “being born grown,” often needing to take on extra jobs, strike borderline deals with landlords, or find shared living arrangements — all of which compromise their sense of dignity and autonomy.

Second, discretion has both benefits and drawbacks. The uneven application of discretion among parole officers incentivizes parolees to live life “in the red,” socializing rule-breaking through direct and indirect experiences. This socializing force creates winners and losers, where those who comply face isolation while those who bend the rules risk reincarceration.

Third, the parole system imposes risk-escalating rules. Many states prohibit parolees from associating with other prior offenders, rendering an important source of support illicit. These rules sideline concerns of parolees’ need for belonging and companionship, prompting them to rule-break to satisfy said needs.

Slee reminds us of the importance of the personal dimensions of policy research. Intimate ethnography allows us to unpack the subtle nuances of how humans interact with institutions. Her findings also highlight a much-needed policy recommendation: parole systems need to recognize the dignity and agency of parolees re-entering society. Whether by simplifying bureaucratic processes, reforming the nature and scope of supervision, or instituting more flexible compliance measures, policymakers must address the socioemotional needs of parolees to support reintegration rather than perpetuate cycles of incarceration. 

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