Sourcebook of Criminal Justice Statistics, 1983 - Bureau of Justice ...

.~---------- - ~APPENDIX 5APPENDIX 6Privacy and Securit)' of Criminal History Information-­Ddlnitions of termsParole guidelinesReport of the U.S. Parole Conmission-­Parole guidelines and definitions of termsI'OTE: The following information was eXcerpted from U.S. Department of JUstice, U.S. ParoleCommission, United States Parole Commission Rules (28 C.F.R. 2.1-2.60i and GuidelineApplication Manual (Washington, D.C.: U.S. Deportment of Justice, 1982), pp. RIO, R17, R18;Title 28 of the U.S. Code of Federal Regulations, sections 2.12, 2.14, and 2.34; and informationprovided by the Source. N:!n-substantive editorial adaptations have been made.Initial parole consideration--The U.S. Parole Commission hasadopted guidelines for parole release considerations. These gUidelinesindicate the customary range of time to be served before release forvarious combinations of offense (severity) and offender (paroleprognosis) characteristics. The time ranges specified by the guidelinesare established specifically for cases with good institutional odjustmentond program progress. These time ranges are merely gUidelines, wherethe circumstances warrant, decisions outside of the guidelines (eitherobove or below) may be rendered.The gUidelines designate offense behaviors as falling Into one ofseveral severity levels. Severity levels include low, low moderote,moderate, high, very high, greatest I, and greatest II. Mitigating oraggravoting circumstonces in a particular cose may justify a decision oro severity roting different from that listed.An evoluotion of offender characteristics, resulting in thecalculation of a salient factor score, serves as an oid in determiningthe offender's parole prognosis. Parole prognosis refers to the patentlalrisk ?f a parole violation. A salient factor score is calculated bysummtng the offender'S scores on each of the follOWing items: number ofprior convictions and adjudications, number of prior corrmitments ofmore than 30 days duration, age at current offense, commitment of 30days durotion within the past 3 years,probation/parole/confinement /escape status at time of current offense,and heroin/opiate dependence.R,eparoie consideration--In most States, an offender whoseparole is revoked is eligible to be considered for reparole.If revocation Is based upon an administrative violation only, i.e.,a violation not involving new criminal conduct, the following guidelinesapply.Positive supervision history:a. No serious alcohol/durg abuse and noposse.5sion of weopon(s} (and)b. At least 8 months from date of release todate of violation behavior (and)c. Present violation represents first instance offailure to comply with parole regulations of thisterm.Negative supervision history:a. Serious alcohol/drug abuse (e.g., readdictianto opiates) or possession of weapon(s} (or)b. Less than 8 months from date of relese todate of violation behavior (or)c. Repetitious or persistent violationsCustomary timeto be servedbefore releaseLess than6 months6 to 9 monthsIf a finding is made that the prisoner has engaged in behaviorconstituting new criminal conduct, the appropriate severity rating forthe new criminal behavior is calculated. New criminal conduct may bedetermined either by a new Federal, State, or local conviction or by anindependent finding by the U.S. Parole Commission at a revocationhearing. If the criminal conduct is in violation of State or local lawthe appropriate severity level is determined by analogy with the listedFederal offense severity ratings. The guidelines for pilroleconsideration specified at the initial parole hearing are applied.Time served on a new State or Federal sentence is counted astime in custody for reparole guideline purposes. This does not affectthe computation of the expiration date of the violation term.Definitions of termsInitial hearing--The initial parolt· determination hearing for aneligible prisoner.One-third hearing--Covered undel' 28 C.F.R. 2.14(e} (1976)unti I it was phased out. The section provided that a prisonersentenced to a maximum term of more than 18 months under 18 U.S.C.4205(b)(2), 18 U.S.C. 294, or 26 U.S.C. 5811, could not be continuedpast one-third of the maximum sentence. Tile one-third hearing wasphased out after implementation of presurr.,\>tive date procedures inSeptember 1977.Pre-heairing record reviews--A review of the prisoner's casefile by on exominer during the month preceding a regularly scheduledinstitutional review hearing. If the recomml\ndation was to grantparole, and the regional commissioner concurred, ,10 in-person hearingwas conducted. Pre-hearing record reviews (28 ::.F.R. 2.14(b)(1976)were replaced by presumptive date record reviews. A presumptive daterefers to the set time at which a prisoner can expl~ct to be released(either by parole or mandatory release) if he malntl1ins a record ofgood institutional conduct and 0 suitable release plan.Statutory review hearings--Replaced by stc·tutory interimhearings. The purpose of the "interim hearing" Is "0 consider anysignificant developments or changes that may have occun'ed subsequentto the initial hearing. At the interim hearing the presumptive releasedate that had been set moy be advanced, retarded, or rllscinded fordiSCiplinary infractions, or remain unchanged.Review hearing--Subsequent parole hearlngs Intended to focuson developments or changes in the prisoner's status.Recission heoring--28 C.F.R. 2.34 provides thot if a prisonerhas been granted parole and has subsequently been charged withinstitutional misconduct sufficient to become a matter of recllrd, theparole grant may be retarded and the case scheduled for a recission~earing. At a recission hearing, cancellation of the parole grar!t is G1Issue.Retroactive record review--A special type of considerationresulting from a revision of the parole decision guidelines in June 19n;for more information, see 28 C.F.R. 2.20, 2.21. For information on thelocal revocation hearing and institutianai revcx.:uTion lleufi,jg, 5ec 2gC.F.R. 2.48-2.52 (1976).Local or institutional revocation hearing--28 C.F.R.2.49(a)(c)( 1981) provides that the parolee may request that he begiven a revocation hearing reasonably near the place of the allege'Clviolation or arrest if the following conditions are met: (I) the parole'!has not been convicted of a crime committed while under supervision;and (2) the parolee denies that he has violated any condition of hisrelease. A parolee will be given a revocation hearing upon his returnto a Federal institution if he voluntarily waives his right to a localrevocation hearing, if he admits any violation of the conditions ofparole, or if he Is retaken following conviction for a new crime.Region--The five regions of the United States are defined in thefollowing manner: Northeast--Connectlcut, Delaware, District ofColumbia, Maine, MarYland, Massachusetts, New /-bmpshire, New Jersey,New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia;Southeast--Alabama, Florida, Georgia, Kentucky, Mississippi, N:!rthCarolina, South Carolina, Tennessee; N:!rth Central--lliinols, Indiona,Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin;South Central--Arkansas, Louisiana, New MeXico, Oklahoma, Texas;West--Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,Nevada, North Dakota, Oregon, South Dakota, Utah, Washington,Wyoming.iII,J:1qIIiI1Ii:I!l!I'tl'1I';/IiI;l\!l,i!I!IrII,IUrjj'I:~;l ,Definitions of termsI'OTE: The following Information has been e,'xcerpted from the U.S. Deportment of Justice, Bureau ofJustice Statistics, Privacy and Security of Criminal History Information: Compendium ofState Legislation, 1981 Supplement (Wotion}--Provisions for public access to government records formwhich criminal justice records are specifically excluded.Freedom of Information (including criminal justiceInformation}--Provislons for public access to government records thatapply to criminal justice records.JUdicial review of challenged information--The right of onindividual to appeal an adverse agency decision concerning challengedinformation to a State court.Listing of information systems--A mondatory disclosure of theexistence of all criminal justice information systems describing theinformation contained in .such systems.Privacy ond security counci I--A State bOIJrd, committee,commission, or council whose primary statutory function is monitoring,evaluating, or supervising the confidentiality and ser;urlty of criminaljustice information"Public records--Requirements that official records maintained bypublic officials be open to the pub II c.Purging: conviction information--The destruction or return toan Individual of criminal history information indicating a conviction.Purging: non-.convictlon Informotion--The destruction orreturn to the individual of criminal justice information where noconviction has resulted from the event triggering the collection of theinformation.Regulation of dissemination--Restrictions on dissemination ofcriminal history information.Regulatiim of intelligence collection--Restrictions on the kind·~f intelligence Information which may be collected and retained and/orprohibition on .ts storage in computerized systems.Removol of disqualifications--The restoration of rights andprivileges such as public employment to persons who have had criminalhistory records purged or seoled.Research access--The provision for and regulation of access tocriminal justice Information by outside researchers.Right to challenge--The right to on administrative proceedingin which individuals moy contest the accuracy or completeness of theircriminai hi~tary record.Right fo inspect--The right of on individual to exomine hiscriminal history records.Right to state non-existence of a record--The right toindicate In respOi'se to public or private inquiries the absence ofcr iminal history In cases of arrest not leading to conviction or wherean arrest or conviction record has been purged.Sealiny' conviction informotion--The removal from active fliesof individual criminal history Information indicating a conviction.Sealing: non-conviction informotion--The removal of criminalhistory Information from active files where no conviction has resultedfrom the event triggering the collection of information.Security--Requirements ti~at criminal justice agencies Instituteprocedures to protect their information systems from unauthorizeddisclosure, sabotage, and accidents.Separation of fi les--Requirements that criminal historyinformation be stored separate from investigative and intelligenceInformation.State regulatory autharjly--A grant of power to a Stateagency to promulgate statewide security and privacy regUlations forcriminal justice information systems.Tra i n i ng of e~, ployees--Security and privacy instruction whichmust be provided to employees handling criminal justice information.Transaction logs--Records which must be maintained bycriminal justice agencies indicating when and to whom criminal justiceinformation Is disseminated.647Ii.