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PAROLE DECISION-MAKING - STRUCTURING DISCRETION

NCJ Number
19232
Journal
Federal Probation Volume: 38 Issue: 4 Dated: (DECEMBER 1974) Pages: 7-15
Author(s)
P B HOFFMAN; L K DEGOSTIN
Date Published
1974
Length
9 pages
Annotation
DESCRIPTION OF EXPLICIT DECISION GUIDELINES FOR PAROLE SELECTION ESTABLISHED BY THE UNITED STATES BOARD OF PAROLE AND THEIR IMPLEMENTATION.
Abstract
THE GUIDELINES ARE IN THE FORM OF A TWO AXIS CHART WITH SIX CATEGORIES OF OFFENSE SEVERITY (LOW, LOW MODERATE, MODERATE, HIGH, VERY HIGH, GREATEST) ON ONE AXIS AND FOUR CATEGORIES OF PAROLE PROGNOSIS (VERY GOOD, GOOD, FAIR, POOR) ON THE OTHER. THE CUSTOMARY TIME TO BE SERVED BEFORE RELEASE (INCLUDING CREDIT FOR JAIL TIME) IS SHOWN AS A RANGE, WHICH IS SET FOR CASES WITH GOOD INSTITUTIONAL CONDUCT AND PROGRAM PERFORMANCE. IN ADDITION, A 'SALIENT FACTOR SCORE' IS USED IN ASSESSING PAROLE PROGNOSIS. THIS ACTUARIAL DEVICE USES NINE ELEMENTS (SUCH AS NUMBER OF PRIOR CONVICTIONS, HISTORY OF DRUG USE, LEVEL OF EDUCATION) TO ESTABLISH FOUR LEVELS OF PAROLE PROGNOSIS (VERY GOOD TO POOR). MONITORING OF GUIDELINES USAGE IN THE BOARD'S NORTHEAST REGION FROM OCTOBER 1973 THROUGH MARCH 1974 REVEALED THAT 91.7 PER CENT OF PAROLE DECISIONS AT INITIAL HEARINGS WERE MADE WITHIN THE GUIDELINES. REASONS FOR DECISIONS OUTSIDE THE GUIDELINES (EITHER ABOVE OR BELOW) TENDED TO INVOLVE EXTREMELY GOOD OR POOR INSTITUTIONAL PERFORMANCE, CREDIT FOR TIME ON STATE SENTENCES, MEDICAL PROBLEMS, NEED TO COMPLETE SPECIAL INSTITUTIONAL PROGRAMS, AND CLINICAL RISK JUDGMENTS. OF THOSE APPEARING FOR REVIEW HEARINGS, 79.3 PERCENT WERE GRANTED PAROLE. (AUTHOR ABSTRACT MODIFIED)

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