POLICIES OF THE PAROLE COMMISSION AND THE BUREAU OF PRISONS AS THEY AFFECT THE JUDGE'S SENTENCING OPTIONS

• NCJ Number: 60250
• Author(s): A PARTRIDGE; A J CHASET; W B ELDRIDGE
• Date Published: 1978
• Length: 49 pages
• Corporate Author: Federal Judicial Ctr
• Sale Source: Federal Judicial Ctr; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: EDUCATION AND TRAINING SERIES

Annotation

THE RELATIONSHIP BETWEEN A JUDGE'S SENTENCE OF IMPRISONMENT AND THE ACTIONS OF THOSE AGENCIES WHICH HAVE RESPONSIBILITY FOR AN OFFENDER AFTER SENTENCING IS EXAMINED.

Abstract

UNDER THE POLICIES OF THE PAROLE COMMISSION, MOST OFFENDERS HAVE THEIR INITIAL PAROLE HEARINGS WITHIN 4 MONTHS OF ARRIVAL AT A BUREAU OF PRISONS INSTITUTION. FOLLOWING THIS HEARING, AN OFFENDER IS GIVEN A PRESUMPTIVE RELEASE DATE, A DATE ON WHICH THE OFFENDER WILL BE RELEASED IF HIS CONDUCT IS GOOD AND IF HE PROPOSES AN ADEQUATE RELEASE PLAN. THE ACTUAL RELEASE DATE MAY BE EARLIER UNDER EXCEPTIONAL CIRCUMSTANCES OR LATER IF THE OFFENDER DOES NOT SET FORTH AN ADEQUATE PLAN. THE COMMISSION'S CRITERIA FOR RELEASE ARE THE SEVERITY OF THE BEHAVIOR WHICH BROUGHT THE OFFENDER TO PRISON AND THE STATISTICAL PROGNOSIS OF THE LIKELIHOOD THAT THE OFFENDER WOULD VIOLATE PAROLE. THE PREDICTION ABOUT THE SUCCESS ON PAROLE IS NOT BASED ON BEHAVIOR WHILE INCARCERATED, BUT ON INFORMATION DEVELOPED ABOUT THE OFFENDER'S EARLIER LIFE. THIS POLICY DIFFERS RADICALLY FROM COMMONLY HELD NOTIONS ABOUT THE PAROLE PROCESS AND THE IMPORTANCE OF REHABILITATIVE PROGRESS. THE POLICIES OF THE COMMISSION ARE DESIGNED TO REDUCE PAROLE DISPARITY AND SENTENCING VARIATIONS. HOWEVER, THE COMMISSION'S EFFORTS TO CONTROL SENTENCING DISPARITY ARE PARADOXICALLY DEPENDENT UPON THE JUDGES' ABILITY TO LIMIT PAROLE THROUGH SENTENCING. UNDER PROPOSED REGULATIONS, THE STANDARD FOR DETERMINING WHO RECEIVES AN EARLY INITIAL HEARING WOULD BE CHANGED AND WOULD DEPEND UPON THE OFFENDER'S PAROLE ELIGIBILITY DATE RATHER THAN THE SENTENCE LENGTH. THE ADMINISTRATIVE POLICIES AFFECTING THE DURATION OF AN OFFENDER'S INCARCERATION PERMIT CONSIDERATION FOR RELEASE OF THOSE PRISONERS SERVING SENTENCES TO IMPRISONMENT FOR MORE THAN 1 YEAR. ADDITIONAL SECTIONS OF THE U.S. CODE CONSIDER SENTENCES OF LESS THAN 1 YEAR, SPECIAL SENTENCING AUTHORITIES SUCH AS THE YOUTH CORRECTIONS ACT, THE USE OF OBSERVATION AND STUDY PROCEDURES AS AN AID TO THE SENTENCING JUDGE, AND COMMUNICATIONS FROM THE JUDGE TO THE BUREAU OF PRISONS AND THE U.S. PAROLE COMMISSION. THE PROVISIONS ARE EXPLAINED IN DETAIL. TABULAR DATA REFER TO GUIDELINES FOR DECISIONMAKING AND GOOD TIME POLICIES. APPENDED MATERIAL INCLUDES THE EXPLANATORY STATEMENT OF THE CONGRESSIONAL COMMITTEE INVESTIGATING FEDERAL PAROLE PROCEDURES. FOOTNOTES ARE PROVIDED. (TWK)