NCJ Number
53033
Journal
Corrections Magazine Volume: 4 Issue: 4 Dated: (DECEMBER 1978) Pages: 39-49
Date Published
1978
Length
14 pages
Annotation
THE MOVE AWAY FROM PAROLE BOARD DISCRETION IS UNDERSCORED IN THIS ARTICLE EXAMINING FEDERAL AND STATE INITIATIVES IN THE AREAS OF PAROLE RELEASE GUIDELINES, MANDATORY MINIMUM SENTENCES, AND DETERMINATE SENTENCE LEGISLATION.
Abstract
AT LEAST 15 STATES AND THE FEDERAL PRISON SYSTEM HAVE ADOPTED PAROLE RELEASE GUIDELINES OR WILL ADOPT THEM IN THE NEAR FUTURE. SIX STATES ARE ADOPTING DETERMINATE SENTENCING SYSTEMS. THUS, HALF THE NATION'S IMPRISONED ADULT OFFENDERS ARE OR SOON WILL BE SUBJECT TO RELEASE PROCEDURES THAT JUDGE THEM PRIMARILY NOT ON THE EXTENT OF THEIR REHABILITATION, BUT ACCORDING TO THE SEVERITY OF THEIR CRIMES AND PAST CRIMINAL RECORDS. THE FEDERAL PAROLE GUIDELINES, A MODEL FOR MANY OF THE STATE SYSTEMS, OPERATE WITHIN AN INDETERMINATE SENTENCING SYSTEM. THEY ARE USED TO SET A PRISONER'S TERM IN ADVANCE, AND THEY PLACE HEAVY EMPHASIS ON FACTORS (I.E., SERIOUSNESS OF OFFENSE, PAROLE PROGNOSIS) THAT ARE UNRELATED TO DETERMINING WHEN A PRISONER IS READY TO REENTER THE OUTSIDE WORLD. THERE ARE ACTUALLY TWO SETS OF GUIDELINES: ONE FOR SETTING ADULT TERMS AND ONE FOR SETTING THOSE SENTENCED UNDER EITHER THE FEDERAL YOUTHFUL OFFENDER ACT OR THE NATIONAL ADDICT REHABILITATION ACT. THE GUIDELINES WERE TRIED ON A PILOT BASIS IN THE NORTHEASTERN PRISONS IN 1972 AND 1973, AND AFTER SOME REFINEMENTS, WERE PUT INTO FULL EFFECT IN 1974 FOR EACH OF THE 20,000 CASES THE U.S. PAROLE COMMISSION HEARS ANNUALLY. THE PAROLE HEARING IS HELD WITHIN 120 DAYS OF CONFINEMENT FOR PRISONERS SERVING LESS THAN 7 YEARS. OTHER INMATES USUALLY MUST WAIT UNTIL ONE-THIRD OF THEIR SENTENCE IS OVER. IN THE HEARING, A PANEL OF TWO EXAMINERS REVIEWS THE INMATE'S RECORD AND THE DETAILS OF THE OFFENSE, AND PLACES THE INMATE IN A SERIOUSNESS CATEGORY. THEN, AFTER PRIVATE CONSIDERATION, THE EXAMINERS DISCUSS THEIR RECOMMENDATIONS WITH THE INMATE AND THEIR REASONS FOR ARRIVING AT THEIR DECISION. SINCE OREGON ADOPTED THE FIRST STATE GUIDELINES IN 1975, OTHER LOCALES HAVE FOLLOWED SUIT. ALTHOUGH THE FEDERAL GUIDELINES HAVE BEEN DEVELOPED AND REFINED IN AN EFFORT TO MAKE SENTENCES AS FAIR AND UNIFORM AS POSSIBLE AND TO SATISFY PRISONER COMPLAINTS OF ARBITRARY TREATMENT, THE U.S. PAROLE COMMISSION AND ITS COUNTERPARTS IN THE STATES WILL HAVE TO CONVINCE CRITICS THAT THEY CAN BE APPLIED FAIRLY IF THE GUIDELINE APPROACH IS TO SURVIVE. TABULAR DATA ARE PROVIDED.