NCJ Number
87747
Journal
New England Journal on Prison Law Volume: 8 Issue: 2 Dated: (Summer 1982) Pages: 433-482
Date Published
1982
Length
50 pages
Annotation
This article discusses the liability of the United States Parole Commission for the negligent release of prisoners under the Federal Tort Claims Act, which was passed in 1976.
Abstract
The Federal Tort Claims Act was enacted to permit the recovery of individuals who had been injured by the negligent actions of Government employees. In defining the liability of the United States Parole Commission for a decision to release a prisoner on parole, the Federal Tort Claims Act must be construed in conjunction with the more narrowly drawn authority of the parole statute, which is found in 18 U.S.C. sections 4201-4218. Historically, a decision of whether to release a prisoner was considered to be an ultimate discretionary decision of the United States Parole Board, and subsequently the Board's decisions were immune from the imposition of liability. Congressional action in 1976 changed this immunity concept. The issue of the Commission's liability under the new guideline standards was presented for review in a recent fifth circuit case, Payton v. United States (1979). The Court of Appeals imposed liability for the Commission's decision to release a prisoner in willful disregard of his known propensities for repetitive brutal behavior toward women. A petition for rehearing in the case had been granted, and final disposition has not yet been made. The liability issue has not yet been confronted by Congress or by the Supreme Court. Presently, a victim of a release decision is left to bear the full burden of any resulting harm or loss. In view of the increasing pressure to release prisoners in order to alleviate prison overcrowding and fiscal constraints, it is anticipated that more release decisions will be made in disregard of the prisoner's actual rehabilitation. Until a viable alternative remedy is legislatively formulated which would equitably redress a victim, the courts are the proper forums in which to address these issues. Parole guidelines are appended, and 284 footnotes are included. (Author summary modified)