144
Opinion of the Court
serted by petitioners to differentiate the Program from parole under Meachum v. Fano, 427 U. S. 215, 228—that preparole had the purpose of reducing prison overcrowding, and that a preparolee continued to serve his sentence and receive earned credits, remained within the custody of the Department of Corrections, and was aware that he could have been transferred to a higher security level if the Governor denied parole—do not, in fact, appear to distinguish the two programs at all. Other differences identified by petitioners—that participation in the Program was ordered by the Board, while the Governor conferred parole; that escaped preparolees could be prosecuted as though they had escaped from prison, while escaped parolees were subject only to parole revocation, and that a preparolee could not leave Oklahoma under any circumstances, while a parolee could leave the State with his parole officer's permission—serve only to set preparole apart from the specific terms of parole as it existed in Oklahoma, but not from the more general class of parole identified in Morrissey. The Program appears to have differed from parole in name alone. Pp. 147-153. 64 F. 3d 563, affirmed.
Thomas, J., delivered the opinion for a unanimous Court.
Sandra D. Howard, Assistant Attorney General of Oklahoma, argued the cause for petitioners. With her on the briefs were W. A. Drew Edmondson, Attorney General, and Jennifer B. Miller, Assistant Attorney General.
Margaret Winter, by appointment of the Court, 518 U. S. 1015, argued the cause for respondent. With her on the brief were Marjorie Rifkin, Elizabeth Alexander, Micheal Salem, and Steven R. Shapiro.*
Justice Thomas delivered the opinion of the Court. This case presents the narrow question whether a program employed by the State of Oklahoma to reduce the overcrowd-*A brief of amici curiae urging reversal was filed for the State of Nevada et al. by Frankie Sue Del Papa, Attorney General of Nevada, and Anne Cathcart, Senior Deputy Attorney General, joined by the Attorneys General for their respective States as follows: Daniel E. Lungren of California, Gale A. Norton of Colorado, Margery S. Bronster of Hawaii, Alan G. Lance of Idaho, Joseph P. Mazurek of Montana, and Dennis C. Vacco of New York.
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