NCJ Number
60276
Journal
Federal Probation Volume: 43 Issue: 1 Dated: (MARCH 1979) Pages: 52-59
Date Published
1979
Length
8 pages
Annotation
PAROLE DECISIONMAKING REFORMS UNDER AN OREGON LAW MANDATING A JUST DESERTS APPROACH TO CORRECTIONS ARE DESCRIBED.
Abstract
A BRIEF HISTORY OF THE OREGON PAROLE BOARD IS PRESENTED, AND THE CONCERNS AND EVENTS THAT LED TO A MANDATED RESTRUCTURING OF THE BOARD'S DECISIONMAKING PRACTICES ARE OUTLINED. THE PROVISIONS OF HB 2013, WHICH REQUIRED THE BOARD TO STRUCTURE AND LIMIT ITS DISCRETIONARY POWERS THROUGH PROMULGATION OF PUBLISHED RULES, ARE DISCUSSED. UNDER THE LAW, THE BOARD'S PROCEDURES ARE DESIGNED TO ACHIEVE THE OBJECTIVE OF PUNISHMENT COMMENSURATE WITH THE PERCEIVED SERIOUSNESS OF THE PRISONER'S CRIMINAL CONDUCT, WITH SECONDARY CONSIDERATION TO THE OBJECTIVES OF DETERRENCE AND PROTECTION OF THE PUBLIC. A MATRIX OF RANGES FOR TERMS OF IMPRISONMENT TO BE SERVED FOR FELONY OFFENSES PRIOR TO RELEASE ON PAROLE HAS BEEN ESTABLISHED, TOGETHER WITH CRITERIA FOR RATING THE SERIOUSNESS OF A PRISONER'S CRIMINAL BEHAVIOR, CRIMINAL HISTORY, AND RISK TO THE COMMUNITY. THE BOARD CONDUCTS A HEARING TO DETERMINE DURATION OF IMPRISONMENT WITHIN THE FIRST 6 MONTHS OF A PRISONER'S INCARCERATION. A PAROLE RELEASE DATE MAY BE POSTPONED BEYOND THE SCHEDULED DATE ONLY UNDER SPECIFIED CIRCUMSTANCES. THE BOARD HAS ALSO ESTABLISHED RULES REGULATING VARIATIONS FROM THE MATRIX RANGES UNDER AGGRAVATING AND MITIGATING CIRCUMSTANCES AND HAS EXTENDED DUE PROCESS PROTECTIONS (WRITTEN NOTICE OF HEARINGS, ACCESS TO INFORMATION USED BY THE BOARD IN ITS DECISIONMAKING, WRITTEN REASONS FOR DECISIONS) TO PAROLE APPLICANTS. HB 2013 ALSO ESTABLISHED AN INTERAGENCY ADVISORY COMMISSION ON PRISON TERMS AND PAROLE STANDARDS. THE BOARD'S IMPLEMENTATION OF THE MANDATE IS OUTLINED, AND COPIES OF THE MATRIX, OFFENSE SEVERITY SCALE, AND OTHER DECISIONMAKING AIDS ARE PRESENTED. THE ADVANTAGES OF OREGON'S MODIFIED JUST DESERTS APPROACH OVER A 'COERCIVE REHABILITATION' MODEL ARE MENTIONED. (LKM)