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Army's Clemency and Parole Problem in the Correctional Environment: A Procedural Guide and Analysis

NCJ Number
106741
Journal
Army Lawyer Dated: special issue (July 1986) Pages: 18-30
Author(s)
D L Phillips
Date Published
1986
Length
13 pages
Annotation
Prepared for judge advocates in military courts, this article outlines procedures that govern the Army's clemency and parole programs, with attention to disposition of actions pertaining to medium-term military prisoners currently incarcerated in the U.S. Army Correctional Activity (USACA), Fort Reilly, Kansas.
Abstract
Statutes, Army regulations, and local correctional facility policies that provide the authority for clemency and parole programs are reviewed. The article describes the three-tier process that automatically considers all prisoners incarcerated at USACA or the U.S. Disciplinary Barracks for clemency. Other clemency issues considered include conduct of the review, prisoner briefings, return to duty, preparing for clemency actions, and USACA Clemency Board proceedings. Unlike clemency, parole consideration is not automatic. The review of parole addresses eligibility, timing, procedures, and the parole plan which outlines a prisoner's plans for residency and employment. The article concludes that judge advocates traditionally have remained uninformed about the intricacies inherent in parole and clemency proceedings. It also suggests that defense counsels discuss opportunities for clemency and parole with their clients before trial. Charts and 87 footnotes.