NCJ Number
43734
Date Published
1978
Length
61 pages
Annotation
VARIOUS ASPECTS OF PAROLE REFORM ARE EXAMINED, WITH ATTENTION TO MORAL ARGUMENTS, JUST DESERT MODELS, INSTITUTIONAL PROBLEMS, AND PAROLE DECISIONMAKING.
Abstract
THIS IS A SUMMARY OF A REPORT THAT ATTEMPTED TO GAUGE THE FOLLOWING ISSUES: (1) THE EXTENT TO WHICH THE DEFECTS OF THE PAROLE SYSTEM ARE REMEDIABLE; (2) WHETHER PAROLE CAN BE JUSTIFIED ON GROUNDS OTHER THAN REHABILITATION OR PREDICTION; (3) WHETHER ALL THE VARIOUS FUNCTIONS OF PAROLE ARE USELESS, OR WHETHER SOME SHOULD BE RETAINED; AND (4) THE AVAILABILITY OF ALTERNATIVES TO PAROLE AND THE PROBLEMS POSED BY THOSE ALTERNATIVES. PROBLEMS UNDERLYING PAROLE'S CENTRAL ROLE IN THE SENTENCING AND CORRECTIONAL SYSTEMS ARE DISCUSSED, WITH EMPHASIS ON THE MORAL ASSUMPTIONS PRIMARY TO SENTENCING AND CORRECTIONS, INCLUDING REHABILITATION, INCAPACITATION, DETERRENCE, AND THE PRINCIPLE OF COMMENSURATE DESERTS. THE SALIENT FEATURES OF THE DESERTS MODEL SANCTIONING SCHEME ARE DETAILED. THE TIMING OF PAROLE RELEASE IS DISCUSSED, INCLUDING EARLY AND LATE TIME-FIXING, TIME-FIXING UNDER THE DESERT MODEL, AND TIME-FIXING UNDER THE MODIFIED DESERT MODEL WITH PARTICULAR ATTENTION TO PREDICTION, REHABILITATION, AND GENERAL DETERRENCE. TIME-FIXING ENCOMPASSES NOTIFYING AN INMATE AT SENTENCING OR SHORTLY THEREAFTER OF THE PROBABLE DATE OF RELEASE. THAT DATE SUBSEQUENTLY CAN BE CHANGED ONLY WHEN SPECIFIED CIRCUMSTANCES INTERVENE. TIME-FIXING AND INSTITUTIONAL PROBLEMS ARE DISCUSSED, INCLUDING OVERCROWDING AND DISCIPLINE. PAROLE DECISIONMAKING IS EXAMINED IN TERMS OF THE LEGISLATURE AS THE STANDARD SETTER, THE PAROLE BOARD AS THE STANDARD SETTER, THE ROLE OF SENTENCING COMMISSIONS, AND WHETHER CERTAIN LEGISLATIVE CHANGES NECESSARILY DICTATE THE ABOLITION OF THE PAROLE BOARD. FINALLY PAROLE SUPERVISION IS CONSIDERED. PAROLE AS A SEPARATE ADJUDICATIVE SYSTEM IS DISCUSSED REGARDING LOWER STANDARDS OF PROOF, STANDARDS OF DISPOSITION, PREHEARING DETENTION, AND THE ABOLITION OF THE SEPARATE SYSTEM. CONVENTIONAL PAROLE SUPERVISION IS DISCUSSED IN TERMS OF THRESHOLD CRITERIA FOR EFFECTIVE PAROLE SUPERVISION AND DESERTS CONSTRAINT. THE QUESTION OF WHETHER THE PAROLE SUPERVISION SYSTEM CAN BE REFORMED IS EXAMINED, WITH EMPHASIS ON RATIONALITY, EFFECTIVENESS, THE CONSTRAINTS OF DESERT, THE EFFECT OF ELIMINATING THE REVOCATION SANCTION, ALTERNATIVE SANCTIONS, AND THE CONTENT AND SCOPE OF REFORMED SUPERVISION. PAROLEE SERVICES ARE DISCUSSED IN TERMS OF NEEDS FULFILLMENT AND WHETHER THERE SHOULD BE ANY COMPULSION FOR EX-OFFENDERS TO ACCEPT SUCH SERVICES. REFERENCES ARE FOOTNOTED. SEE ALSO NCJ-44641.