NCJ Number
89811
Date Published
1982
Length
40 pages
Annotation
The New York State Board of Parole's decisions about minimum terms of imprisonment (MPI) during 1980 were within the parole guidelines 71 percent of the time, and its MPI's had a higher rate of release than those imposed by the courts for 1979-81.
Abstract
Under the New York guidelines, total time to be served before release is determined by two factors: (1) offense severity as determined by the crime of conviction and modified by weapons involvement and victims contact and (2) prior criminal history based on previous jail, prison, or probation terms and whether the offender was on probation or parole at the time of the present offense. There was a slight decrease in all Board interviews from 1979 to 1980 and a significant decrease in MPI's set because of legislation requiring courts to set terms in certain cases. Violent crimes accounted for 36 percent of the 2,063 MPI cases; property crimes 34 percent; miscellaneous cases 24 percent; and drug convictions 6 percent. The average maximum sentence for these cases was 4 years and 2 months, while the average minimum term was 26 months. The offense severity dimension in the 1980 cases was generally less severe than in 1979, and about 75 percent of the MPI's set had no or minimal prior criminal histories. Comparisons with 1979 showed that the Board was very consistent in applying the guidelines. The Board's overall paroling rate of 52 percent for 1980 was similar to that for 1979. Board decisionmaking patterns suggest that it weighed prior criminal history more in offenses involving physical violence than those with no or little injury to a victim. Of the 1,172 1979 MPI determinations who were within the guidelines, approximately 70 percent were released after serving the Board-imposed minimum terms. Tables and nine footnotes are included.