Robert Richard Thornton - Voice For The Defense Online

serving one-third of his sentence, or less,or even immediately after commencementof his sentence. However, because initialparole hearings need to be conducted only"within 120 days of a prisoner's arrival ata federal institution or as soon thereafteras practicable," in practice no prisoner isreleased immediately. The standard applicationof the parole guidelines discussedbelow also operates to foreclose the possibilityof immediate release.Life terms of sentences of 30 years orlonger must become eligible after serviceof 10 years, but not before.Of course, not all inmates are releasedat this eligibility date. Indeed, a good numberof inmates are never released on parolebut instead serve their entire sentence lessgoudtimt. 'l'l~c relcxr: daisicul dcp~~ds on:I vxrictv ot t;~ctur> ol'which eliaihilitv - - i\a necessary, but not the only consideration.Parole GuidelirresThe Parole Commission and ReorganizationAct of 1976 provides a frameworkfor the release determination. The paroledate is figured by calculating, first, thedefendant's offender characteristicslparoleprognosis1 salient factor score and, second,the severity of the offense. Once these twoitems are determined, the Parole Commissionguideline chart will show a range ofmonths which will generally be servcd priorto release on parole. These "guidelines"indicate the customary range of time to beserved before release for various combinationsof offense (severity) and offender(parole prognosis) characteristics. Thetime range as specified by the guidelinesis established specifically for cases withgood institutional adjustment and programprogress. However, where aggravating ormitigating circumstances warrant, decisionsoutside of the guidelines, eitherabove or below, may be rendered. Thegn~delines appear on a chart which measurestwo factors: (1) offense severity leveland (2) salient factor score.'There are eight offense severity levelsranging from category one or lowestseverity, through category eight or highest.The "offense severity" levels subjectivelymeasure the relative seriousness of thecrime for which the defendant was cnnvicted.All offenses are indexed according toone of the eight offense severity categories.The second component of the guidelinessystem is called the "salient factor score,"which is intended to be clinically predictiveindicating the likelihood of the inmate'sfavorable parole prognosis. The salientfactor score primarily measures the defendant'scriminal history, and other statisticallyrelevant factors. It is based on a10-point evaluation system which, converselyto the offense severity categories,rewards "very good parole prognosis witha score of 8 to 10, with poorer parole prognosisafforded a lower point total.The Initial Parole HearingTiming of the initial parole hearing canbe a key factor in the outcome of any decisionand should be considered by the inmateand his attorney as part of theirstrategy. However, an inmate is entitled toan initial parole hearing within 120 daysof his arrival at a federal institution, or assoon thereafter as is practical. There arethree exceptions to this rule: (1) a prisonerwho is not eligible for parole for ten yearsor longer does not have a right to an initialhearing until at least 90 days prior tothe completion of such minimum term, oras soon thereafter as is practical; (2) a federalprisoner serving concurrent state andfederal sentences in a state institution isgiven ;m ill-pcrsun hearing as soon as feasihlcaitcr his nrrivdl at a fcderal instilulion;and (3) a prisoner who is serving a federalsentence exclusively, but is being boardedin a state or local institution, may receivea federal parole hearing at the state or localinstitution, or may be transferred to a federalinstitution for a hearing.Application for this initial hearing ismade when the inmate completes the appropriateapplication form and an InmateBackground Statement. He may also waiveparole consideration as part of an overallstrategy and apply later. At least 60 daysprior to the hearing, the prisoner must beprovided with written notice of time andplace of the hearing and of his right toreview documents considered by the Commission.These documents include the presentenceinvestigation report (PSI), theUSA 792 form, and the AO-235 form.These last two forms are sent by the U.S.Attorney's office and the sentencing judge,respectively, and they reflect, among otherthings, the prosecutor and judge's recommendationsas to when parole should begranted. Documents from the RegionalParole File will he disclosed to him within40 working days of his request. Documentsin an Inmate's Institutional File will be disclosedto him within 15 calendar days ofhis request. Diagnostic opinions, confidentialmaterial, and material which, if disclosed,might result in harm to another areexempt for disclosure. In such cases, theCommission and the Bureau of Prisons arerequired to identify what material is beingwithheld and summarize its contents.The prisoner's parole representative isthen permitted to review the disclosableportions of his client's file within 30 daysof the initial parole hearing.Several hearing examiner($ visit eachfederal prison every two months to conductparole hearings. The purpose of thehearing is for the examiner($ to discussan inmate's background with him, determineguidelines, and recommend a paroledate to the Regional Commissioner. Hearingsare conducted in small rooms at theinstitution and are tape recorded. Presentare two hearing examiners from the Commission:the inmate, his case manager,and, if he wishes, a representative to speakon his behalf. This representative may bea relative or friend, a fellow inmate, amember of the institution staff, an attorney,or parole specialist. Representativesare not permitted to act in an adversarialcapacity by participating in the questioningor advising the inmate during thecourse of the hearing, but may simplymake a short statement at the end of thehearing. Representatives, of course, canaid an inmate in preparing for the hearing.An attomeylrepresentative can, also, oftenidentify problem areas that might arise duringthe hearing and recommend legal actionto he taken to prevent this.The hearing usually starts when the ex-aminer(~) introduce themselves and explainboth the hearing and appeal procedures tothe inmate. One, or occasionally both, ofthe examiner($ questions the inmate abouthis crime, background, institution recordand activities, and release plans with an eyetoward guidelines calculations. At this timethe examin@) usually, but not necessardy,advise the inmate of their tentativeguideline evaluation.The Parole Commission has recently implementeda pre-hearing assessment procedureunder which the inmate's case file isanalyzed several weeks before the actualhearing. This is not, however, a requiredFebruary 1987 1 VOICE for the Defense 13