NCJ Number
55646
Date Published
1978
Length
13 pages
Annotation
THE NEW YORK STATE BOARD OF PAROLE HAS ADOPTED AND PROMULGATED REVISED DECISIONMAKING GUIDELINES FOR MINIMUM PERIODS OF IMPRISONMENT AND INITIAL PAROLE RELEASE HEARINGS.
Abstract
THE GUIDELINES FOR PAROLE BOARD DECISIONMAKING WERE ADOPTED IN 1978 AND REPRESENT THE POLICY OF THE BOARD CONCERNING THE CUSTOMARY TOTAL TIME SERVED BEFORE RELEASE FOR EACH CATEGORY OF OFFENSE AND EACH CATEGORY OF OFFENDER, BASED ON PRIOR CRIMINAL HISTORY. THERE ARE SEVEN OFFENSE SEVERITY LEVELS: DEATH AS THE DIRECT RESULT OF A DELIBERATE ACT ON THE PART OF THE OFFENDER, SERIOUS PHYSICAL INJURY AS THE DIRECT RESULT OF A DELIBERATE ACT ON THE PART OF THE OFFENDER; PHYSICAL INJURY AS THE DIRECT RESULT OF A DELIBERATE ACT ON THE PART OF THE OFFENDER; ROBBERY, HOMICIDE, BURGLARY, AND GRAND LARCENY. THE GUIDELINES ARE SUBJECT TO THREE IMPORTANT LIMITATIONS IMPOSED BY LAW: (1) ANY COURT-IMPOSED MINIMUM MUST BE SERVED BEFORE PAROLE CONSIDERATION; (2) ALL INMATES, EXCEPT THOSE SERVING LIFE SENTENCES, ARE ELIGIBLE TO HAVE THEIR MAXIMUM SENTENCE REDUCED BY ONE-THIRD FOR GOOD TIME; AND (3) A MINIMUM OF 1-YEAR IN STATE PRISON IS REQUIRED BY STATUTE EXCEPT FOR PERSONS CONVICTED WHILE SERVING AN EARLIER INDETERMINATE SENTENCE. THE GUIDELINES FOCUS ON THE ESTABLISHMENT OF MINIMUM PERIODS OF IMPRISONMENT, PAROLE, PAROLE RELEASE, PAROLE RELEASE INTERVIEWS, PAROLE RELEASE DECISIONS, REASONS FOR THE DENIAL OF PAROLE, AND APPEALS. QUANTITATIVE INFORMATION ON CHANGES MADE IN THE GUIDELINES WITH REGARD TO OFFENSE SEVERITY AND MINIMUM PERIODS OF IMPRISONMENT IS PRESENTED. A PAROLE BOARD RELEASE DECISION NOTICE, WORKSHEETS FOR RECORDING AND EVALUATING DATA ON CRIMINAL HISTORIES, AND INFORMATION ON GUIDELINES FOR PAROLE BOARD DECISIONMAKING ARE INCLUDED. CHANGES IN PRIOR GUIDELINES ARE NOTED. (DEP)