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Despite the widespread use of conditions in various phases of the criminal justice system (e.g. bail,
probation, parole), there has been little theoretical examination of their purposes or the implications
associated with their use. This paper extends the theoretical discussion of women prisoners’
Introduction
Transitions from prison to community are challenging for many women prisoners.
Correctional institutions are a unique type of space that is carefully planned,
ordered and managed. Whereas prisoners’ lives are largely over-determined in these
highly regulated environments, communities are relatively ‘free’ spaces in which
women prisoners must demonstrate their ability to be self-managed as they
reintegrate into society. Parole is one strategy for governing this transition, and the
special conditions attached to parole release facilitate re-entry by targeting the
behaviours, activities, associations and spaces connected to the gendered risk to
reoffend. This paper examines the penal technique of applying parole conditions
to female offenders and how conditions are used to produce normative, self-
governing subjects.
Scholarship on women and reintegration documents numerous barriers to re-entry,
including finding housing and employment, obtaining health care and/or social
assistance, reuniting with children and families, managing addictions and dealing with
the stigma of their criminalized status (see Shaw et al. 1991; Dodge and Pogrebin
2001; Harm and Phillips 2001; O’Brien 2001; Richie 2001; Severance 2004; Maidment
2006). This literature clarifies many impediments to re-entry, but has largely ignored
how penal techniques are used to govern women and extend the carceral gaze upon
*Sarah Turnbull, Centre of Criminology, University of Toronto, 14 Queen’s Park Crescent West, Toronto, Ontario, Canada, M5S
3K9; sarah.turnbull@utoronto.ca. Kelly Hannah-Moffat, Department of Sociology, University of Toronto Mississauga, South
Building, Room 2097, 3359 Mississauga Road North, Mississauga, Ontario, Canada, L5L 1C6; hannah.moffat@utoronto.ca.
532
© The Author 2009. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD).
All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org
UNDER THESE CONDITIONS
release. Despite the widespread use of conditions in various phases of the criminal
justice system, their purposes and the implications associated with their use remain
under-theorized. Most of the literature is written by, and for, practitioners. It tends to
focus on bettering the supervision of conditions and enforcement techniques (see Adair
1995; Gowen 2001; Kelly 2001) and on improving offender compliance with special
conditions (Taxman and Cherkos 1995). A small body of work considers the difficulties
experienced by women under conditions in their communities (Shaw et al. 1991;
Maidment 2006; Pollack 2007; 2008b) and whether conditions meet the distinct needs
of female offenders (Mullany 2002).
Our paper extends the theoretical discussion of women’s reintegration by focusing
on parole conditions as a form of ‘targeted governance’ (Valverde 2003; Valverde and
Mopas 2004). In particular, we are interested in how the female paroled subject is
1
In Canada, prisoners serving a sentence of greater than two years are under federal jurisdiction, whereas those serving under
two years are under provincial jurisdiction.
2
The Corrections and Conditional Release Act requires offenders to be considered for some type of conditional release during
their sentence of imprisonment. Eligibility for parole varies, depending upon the type of release (day or full) and length of
sentence. Typically, offenders are eligible for full parole after serving one-third of their sentence. To reach a release decision, board
members conduct an assessment of the offender’s criminal and social history, institutional behaviour and community release plan
to determine whether s/he constitutes an ‘undue risk to society’.
534
UNDER THESE CONDITIONS
managing risk. Although parole still assists with prisoner reintegration, it is primarily
oriented towards ensuring public safety through techniques of surveillance and risk
management (Hannah-Moffat 2004b). In this context, parolees’ avoidance of ‘risky’
situations, people and spaces is an important risk reduction strategy (Cullen et al. 2002).
Parole conditions play an essential role in this strategy by specifying what parolees’ need
to avoid and by requiring some to participate in correctional programming within their
communities or through residency requirements (i.e. living at halfway houses). Common
conditions that can be applied to a prisoner’s parole release include avoiding certain
people and places, residing at a particular place, abstaining from drugs, alcohol or all
intoxicants, and attending treatment programmes or counselling. The NPB, often
under advisement from the Correctional Service of Canada, determines which conditions
will be attached to a prisoner’s parole release, and is also responsible for removing,
non-assertive, lacking self-esteem and easily influenced by others (e.g. male co-accused
and other criminal associates) and various licit and illicit substances. Her ‘choice’ of
associates must be strictly controlled via conditions until she can demonstrate to the
board that she will no longer be ‘unduly influenced by negative associates’ (7260) or
until she ceases to be ‘an influenced person’ (7935). Similarly, she must show that she
has overcome her ‘need to be liked by others’ and past experience of being ‘easily led’
(1340) through her conduct in her community. One paroled woman’s attraction to
‘easy gain’ and her ‘lax value system’ (1720) made her overly pliable in the hands of her
‘criminal peers’. Here, susceptibility to crime is due to facets of paroled women’s
character that have made them unassertive and dependent on others. However, the
paroled subject is not simply cast as a passive victim—her susceptibility to crime is
constituted as a character flaw (and thus a risk factor), as is her tendency to be
3
This, of course, does not negate the fact that women also create for themselves particular narratives that make them ‘paroleable’
in the minds of parole board members in the first place. We thank an anonymous reviewer for this insight.
537
TURNBULL AND HANNAH-MOFFAT
capable of exercising reason—that is, assessing her options and rationally selecting the
best among them (Bosworth 2006)—and taking responsibility for ‘her life as if it were
an outcome of acts of choice’ (Rose 2003: 430). Thus, if a paroled woman uses drugs,
resulting in a positive urine test, or engages in prostitution, resulting in a new criminal
offence, these ‘choices’ are indicative of her failure at responsible self-governance and
suggest to the board that she may be a poor candidate for parole.
As techniques of targeted regulation, parole conditions apply the idea that patterns
of behaviour can be broken and the ‘root causes’ of offending can be addressed while
on conditional release. The special conditions applied to women’s release purportedly
target the ‘causes of [their] criminality’ (0370) in an attempt to make them aware of
their deficiencies and appeal to their (presumed) motivation to change. The parole
decision narratives suggest that it is in women’s own self-interest to know the ‘root
causes’ of their criminal behaviour and ‘triggers’, which will ostensibly help them make
the necessary changes to be law-abiding and obedient parolees (Bosworth 2006). As one
decision rationale notes:
Your lack of insight into your co-dependency issues and relationship choices are directly linked to your criminal
behaviour. A condition for psychological counseling is reasonable and necessary to manage your risk
This woman’s lack of awareness is named as responsible for her criminal offending, and
the requirement for counselling is targeted to address this issue. The paroled subject’s
awareness of her problems is a necessary step in the cultivation of an independent,
rational self. The board’s assumptions about women’s law-breaking are used to rationalize
the application of special conditions designed to target these deficits. Thus, conditions
attempt to govern through awareness by showing paroled women what they need to do
to become normative, law-abiding citizens.
Despite viewing paroled women as susceptible to crime, parole boards also attribute
considerable agency to them, placing on them the responsibility to change and adopt
new lifestyles. Paroled women are not fully bound to their pasts or ascribed a victim
status; nor are they viewed as traumatized by their histories to the point of apathy or
inaction. Evidence of change, or the capacity to change, is critical to the decision to
grant parole and to the application of conditions, which are meant to solidify change
and to ensure that women continue to make progress in their communities. Consequently,
parole conditions also function to ensure continued participation (and anticipated
improvement) in the paroled subject’s rehabilitation as a way to ‘break the cycle’:
Given your negative associates and your need at 20 years of age to follow the crowd and be overly influ-
enced …, a special condition to reside at a CBRF [community-based residential facility] for four
months on full parole is viewed as reasonable and necessary. This residency will permit your participation
in interventions to deal with various personal/emotional issues and to help you distance yourself from a
criminal subculture. (0465, emphasis added)
This narrative and the residency and association conditions given to this woman are
linked to the board’s perception of her as ‘at risk’ and an immature follower who needs
to sever negative relationships and make better choices in order to remain crime-free.
In this way, parole conditions allow for therapeutic interventions that target the causes
of women’s crime as identified by the parole board.
Paroled women must also prove to the board, through their parole release, that they
are capable of exercising their (limited) freedom in a responsible, self-sufficient manner.
The decision rationales contain gendered narratives about crime, choice and
responsibility that paroled women are expected to understand and internalize as
essential to their processes of reform. Conditions are thus used to help paroled women
develop prosocial lifestyles. For instance, women’s ‘personal/emotional problems
stemming from childhood abuse issues’ (1355), ‘lack of boundaries’ and ‘self-esteem’
539
TURNBULL AND HANNAH-MOFFAT
issues (8275) are targeted with psychological counselling and abstinence from drugs
and alcohol. Parole conditions also help women avoid the risks of the sex trade or drug
and gang ‘cultures’ through prohibitions on social interactions with ‘criminal peers’.
Conditions govern women through their awareness of their deficiencies—whether
they are ‘personal/emotional problems’, ‘co-dependency issues’, bad ‘relationship
choices’ or ‘lack of boundaries’—and structure a set of actions that must be undertaken
to create improved, crime-free selves. In pursuit of personal transformation, the paroled
subject is expected to choose to obey her conditions. Our data therefore suggest that
parole conditions embody a form of productive power that aims to govern individuals
through their freedoms and aspirations, rather than in spite of them (Rose 1999). Power
is productive because it appeals to paroled women’s self-interests and mobilizes the
common goal to remain out of prison.
Alcohol abuse has been a contributor to your current and previous criminal behavior and has led also
to medical difficulties and emotional instability. For these reasons, the special condition is seen as
reasonable and necessary to assist in the management of risk and to promote your rehabilitation.
(3000)
Within these excerpts, the substances themselves are ascribed influential powers. It is as
if the substance takes on a ‘life of its own’ (Reith 2004: 268). The use (and abuse) of
intoxicants increases paroled women’s susceptibility to crime and reoffending as it
‘impair[s] the ability to make oneself and one’s risks calculable’ (Moore and Valverde
2000: 517). In other words, the paroled subject cannot effectively self-govern and make
rational choices if she is using drugs, alcohol or other substances.
540
UNDER THESE CONDITIONS
The prohibition of both licit and illicit substance use for certain women is framed as
central to ‘recovery and rehabilitation’ (0860). This condition can also be effectively
monitored and policed through drug testing. Yet, parole conditions that ban substance
use, regulate consumption and require compliance with random testing reach beyond
the prohibition or supervision of addictions. Similar to requiring monitoring of a
parolee’s prescribed psychotropic medications, these conditions are intrusive and
comprehensive because they facilitate incursions into, and subjection of, the paroled
subject’s body (cf. Hyde 1997). Regulating consumption prohibits the paroled subject
from choosing to consume certain substances, but can also require her to submit to
searches for ‘threatening’ substances that, if ingested, are equated with an increased
risk of recidivism. In this sense, the paroled subject and her body are made ‘public’ and
justifiably searchable. These conditions limit the expectation of privacy and enhance
During your release, you are also forbidden from having any contacts with persons with a criminal
record or involved with the drug milieu. Such relations have led you to commit the crimes for which you are
incarcerated. (1590, emphasis added)
From these excerpts, it appears that mere association with criminalized others is believed
to lead back to crime and, as with other conditions discussed above, the wrong choices
(in this case of whom to associate with) and paroled women’s lack of autonomy are
viewed as root causes of their criminal offending.
In addition to the generic non-association condition, the parole board can impose a
special condition requiring paroled women to advise their parole officers of their
intimate relationships. As one decision rationale states:
Clearly your involvement with negative associates is also directly related to the index offence. … You
recognize that the stability of your relationships represents a key to avoiding a return to substance
abuse. As a result, the board is imposing a condition that you disclose all intimate relationships. (7945, empha-
sis added)
This quote reflects the extent of the board’s governance and surveillance of women’s
relationships and associations. Although this condition was rarely imposed in our
sample, it speaks to the extension of the carceral gaze over every aspect of paroled
women’s lives. We know from Pollack’s (2007) research that women’s intimate
relationships are under a microscope while they are supervised on parole. As Pollack
notes, this condition is typically applied to women who have histories of being abused
by men, but it is still considered a way to manage the women’s risk. Through this condition,
women’s previous experiences of victimization within relationships are reframed as
individual risk factors that increase the possibility of future violence and therefore
recidivism. As a result, paroled women’s intimate relationships ‘become a gendered site
of surveillance and regulation’ (Pollack 2007: 166). Not only is there concern about
whom a woman associates with, but the quality and substance of those relationships are
scrutinized and assessed.
Clearly, the paroled subject’s choice of associates is conceptualized as particularly
problematic, given her past history of choosing the ‘wrong’ friends and intimate partners.
In this context, paroled women are portrayed as immature followers who need guidance
542
UNDER THESE CONDITIONS
Techniques of avoidance
The aim of the first spatial condition is to limit opportunities for reoffending based on
women’s criminal histories:
In view of the nature of your index offence, the board is imposing an abstain alcohol condition. We are
also imposing a condition that prohibits you from entering bars, taverns, etcetera, due to the fact that
some of your drinking on the day of the offence occurred at a drinking establishment. (1460, emphasis added)
Given your past lifestyle it is appropriate that you avoid both negative associations and places where
you are likely to encounter individuals using alcohol and drugs. (0880)
543
TURNBULL AND HANNAH-MOFFAT
1999).4 Although these spaces are not inherently criminogenic and non-criminalized
people can, and do, successfully negotiate them, they are characterized as risky for
paroled women; so-called criminogenic ‘spaces are reduced to their propensities for
criminal activity, and some spaces are produced as always already criminal’ (Herbert and
Brown 2006: 773).
As a number of critical geographers have argued, it is important to interrogate how
spaces are constituted and to examine the material and symbolic effects of these
processes (e.g. Gieryn 2000; Merry 2001; Gallagher and Fusco 2006; Beckett and Herbert
2008). Blomley and Sommers (1999: 265) argue that ‘the ability to constitute space …
is a crucial factor in the exercise of governmental power, for it makes possible the
regularity which is necessary for the motivation of self-rule’. Although parole decision
narratives do not go so far as to demarcate specific neighbourhoods or establishments
4
The relationships between crime and the environment have been studied since the nineteenth century, eventually leading to the
establishment of ‘environmental criminology’. Various theories about the ‘geography’ of crime argue that crime is more prevalent
in certain spaces because of their social composition in terms of social class, age and ethnicity (see Bottoms 1994 for a review).
545
TURNBULL AND HANNAH-MOFFAT
You are a high risk to re-offend non-violently and will require the structure and control of a halfway house for
an extended period in order to establish credibility to live independently. (3065, emphasis added)
are willing and able to make responsible choices. Moreover, the halfway house allows for
the targeting of necessary interventions that ensure ‘proper’ independent living:
Given you are viewed by the Board as a high risk to reoffend in a non-violent fashion, your living
arrangements are not conducive to prosocial living, and interventions are required in a vary of domains, a
special condition to reside at a CBRF for four months on full parole is viewed as reasonable and neces-
sary. This residency will permit your participation in interventions to help deal with various personal/
emotional issues and to help you distance yourself from a criminal subculture. (0465, emphasis added)
This excerpt highlights the normative framing of many women prisoners’ home
environments as inherently ‘criminogenic’ and the imperative to ‘distance’ them from
risky spaces, activities and ‘criminal subcultures’—particularly domestic ones. It also
ensures that they will participate in the necessary rehabilitative programming (typically
productive and repressive forms of penal power. From our analysis, the discourse of
‘choice’ pervades the parole decision narratives and, we suggest, informs the parole
boards’ expectations of women on parole. Within this framework, paroled women’s
choices are structured and regulated through conditions under the assumption that
they are not yet prepared for responsible self-governance; yet, they are simultaneously
held responsible if they exercise their autonomy to make ‘bad’ choices. The discourse of
choice hides the material conditions and histories—poverty, racism, physical and sexual
abuse—that frame ‘choice’ (Razack 1998) and structure how and why some women end
up in prison and on parole in the first place. It also assumes that all paroled women are
able (and willing) to minimize their risk by avoiding various dubious activities, risky
friends and no-go spaces upon release from prison. The assumption that paroled women
are able to successfully reintegrate into their communities as a function of ‘choice’
Funding
Social Sciences and Humanities Research Council of Canada.
Acknowledgements
We wish to thank Linn Clark, Michael Mopas and Mariana Valverde for their comments
on earlier drafts of this paper.
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