NCJ Number
57580
Date Published
1979
Length
208 pages
Annotation
RECOMMENDATIONS FOR MODIFYING TRADITIONAL PAROLE RELEASE AND SUPERVISION PRACTICES AND FOR RESTRUCTURING THE ROLE OF PAROLE BOARDS ARE PRESENTED.
Abstract
THE DISCUSSION OPENS WITH AN OUTLINE OF THE FEATURES OF THE TRADITIONAL PAROLE SYSTEM AND A STATEMENT OF ASSUMPTIONS REGARDING THE MORAL PRINCIPLES FUNDAMENTAL TO PENAL SYSTEMS. THE PAROLE SYSTEM'S PROCESSES FOR RELEASING OFFENDERS FROM PRISON AND SUPERVISING THEM IN THE COMMUNITY ARE EXAMINED IN LIGHT OF THESE ASSUMPTIONS, TOGETHER WITH THE QUESTION OF WHO SHOULD NOT BE CONTINUED IN ITS TRADITIONAL FORM. FOUR BASIC CHANGES ARE RECOMMENDED: (1) SPECIFIC STANDARDS GOVERNING DURATION OF CONFINEMENT, BASED PRIMARILY ON A JUST DESERTS RATIONALE, SHOULD REPLACE DISCRETIONARY RELEASE DECISIONS BASED ON CONSIDERATIONS OF REHABILITATION OR INCAPACITATION; (2) RELEASE DATA DECISIONS SHOULD BE MADE EARLY, AT SENTENCING OR SHORTLY THEREAFTER; (3) EX-PRISONERS SUSPECTED OF CRIMES SHOULD BE PROSECUTED AS ANY OTHER SUSPECT, RATHER THAN BEING SUBJECTED TO A PAROLE REVOCATION PROCEDURE WITH LOWER STANDARDS OF PROOF; AND (4) THE SUPERVISION OF EX-PRISONERS SHOULD BE ELIMINATED ENTIRELY (OR AT LEAST REDUCED IN SCOPE AND IN SEVERITY OF SANCTIONS FOR NONCOMPLIANCE, AND SCRUTINIZED CAREFULLY FOR EFFECTIVENESS AND COST). IT IS RECOGNIZED THAT, WHATEVER ITS DEFECTS, THE PAROLE BOARD DOES PERFORM THE ESSENTIAL FUNCTION OF SCALING DOWN LENGTHY SENTENCES TO MORE REALISTIC PERIODS OF ACTUAL CONFINEMENT. THEREFORE, CAUTION IN ABOLISHING THE PAROLE BOARD'S POWER TO RELEASE PRISONERS IS URGED. SUGGESTIONS FOR REDEFINING THE PAROLE BOARD'S MISSION SO THAT IT CAN BECOME A VEHICLE OF REFORM ARE OFFERED. IT IS RECOMMENDED THAT ANY EFFORT TO PHASE OUT PAROLE RELEASE BE UNDERTAKEN GRADUALLY AND WITH CAREFULLY CONSIDERED SAFEGUARDS. AN INDEX AND SUPPORTING DOCUMENTATION ARE PROVIDED.