A bill to establish an independent Board of Parole, to provide for fair and equitable Federal parole procedures, to study the parole procedures provided for released prisoners, and for other purposes.
Parole Reorganization and Reform Act - Establishes the Board of Parole as an independent agency consisting of a nine member "National Board" and four "Regional Boards" of three members each. Provides that the Board, whose members are appointed by the President for six-year terms, must be broadly representative of persons who have had extensive experience in corrections, such as former parolees, correctional officers, and behavioral scientists.
Provides that the National Board shall have such powers and shall perform such functions and duties as may be provided for the Board of Parole or the National Board under this Act or under any other provision of law.
States that, except as otherwise specifically provided by law, when so authorized by the National Board, any member or agent of the Board of Parole may take any action which the National Board is authorized to take.
Authorizes the Regional Boards to conduct parole determination hearings and parole revocation hearings and to perform such other functions and duties as may be provided under this Act.
Sets forth the administrative powers of the Board. Provides that the Board may request probation officers and other individuals, organizations and public or private agencies to perform such duties with respect to any person released on parole as the National Board deems necessary for maintaining proper supervision of, and assistance to, such persons, provided that in no case shall a probation officer or other individual caseworker maintain an average caseload in excess of 50 individuals.
Provides that when a prisoner is serving a definite term of more than 180 days, he shall be eligible for parole after serving one-third of his sentence, or 15 years of a life sentence or of a sentence of over 45 years.
Sets forth terms of eligibility for parole, in cases where the court has set the eligibility date as being, at such time as the Regional Board may determine, no less than 90 days after the date of imprisonment, or on such earlier date as the Board may determine.
Provides that any prisoner not covered by the above subsections, including any reparolee, shall be eligible for parole within 90 days of his imprisonment.
Requires the Regional Board to release a prisoner on parole unless it determines that there is substantial reason to believe that the prisoner will engage in further criminal conduct, or that the prisoner will not conform to such conditions of parole as may be established.
Provides that no prisoner who is eligible for parole under any other provision of law shall be rendered eligible by the operation of this Act.
Sets forth factors which the Regional Board shall take into account in determining whether to release a prisoner, including the prisoner's family status, his vocational and educational training, his conduct during his term of imprisonment, and the availability of community resources to assist him.
Lists the sources of information which the Regional Board shall consider in making the parole determination.
Requires the Regional Board to hold parole determination hearings with at least one Regional Board member present.. States that such hearing is to be held no later than 60 days prior to the date on which the prisoners becomes eligible for parole. Provides that if parole is denied at the initial hearing, a second hearing must be held within two years.
Provides that the Regional Board must set a release date within one year following the parole release determination.
Sets forth the procedural requirements of a parole determination hearing as follows: (1) written notice of time and place of hearing; (2) availability of any file or report or other document to be used by the Regional Board; (3) consultation by the prisoner with any person prior to the hearing; (4) representation by an attorney, or other qualified person; (5) personal appearance and testimony by the prisoner; (6) maintenance of full and complete record; (7) inform the prisoner within 30 days of the determination; and (8) if he is denied a parole the Regional Board to formally notify him of the particular grounds for the determination.
Provides that the Regional Board shall impose such conditions of parole as it deems reasonably necessary to insure that the parolee will lead a law-abiding life or to assist him in doing so. States that the Regional Board may require that the parolee be assigned to a residential community treatment center.
Sets forth considerations the Regional Board shall make in imposing conditions of parole, such as making the conditions sufficiently specific to serve as a guide to supervision and conduct.
Authorizes a reduction in parole for each parolee who observes all conditions of his parole and specifies a schedule for such reduction. Provides that the Board may terminate the parole of any parolee or may release him from any condition of parole at any time after the expiration of one year of parole, if warranted by the conduct of the parolee and the ends of justice.
Provides that the Regional Board may revoke parole under this Act at any time prior to the expiration of the parole period unless a request for postponement is approved.
Provides for preliminary hearing, and authorizes imprisonment only after a Regional Board determination of substantial reason to believe that the parolee will not appear for his parole revocation hearing.
Sets forth hearing procedures, such as representation by an attorney, discovery, subpena power for the parolee, and maintenance of a full hearing.
Enumerates the sanctions which the Regional Board may impose on a parolee when it finds substantial reason to believe he has violated a condition of his parole. Requires the Regional Board to inform the parolee of the reasons for their finding.
Provides that when a parolee is charged with a criminal offense no hearing need be held. Provides that a conviction shall constitute prima facie evidence of the violation of the conditions of parole.
Provides a written appeal procedure for those whose parole is revoked and who are subject to an order for loss of good time or for assignment to a community treatment center. States that such an appeal is to be considered by no less than five members of the National Board.
States that in the case of a defendant who has attained his twenty-second birthday but has not attained his twenty-sixth birthday at the time of conviction, if, after taking into consideration the previous record of the defendant as to delinquency or criminal experience, his social background, capabilities, mental and physical health, and such other factors as may be considered pertinent, the court finds that there are reasonable grounds to believe that the defendant will benefit from the treatment provided under the Federal Youth Corrections Act, sentence may be imposed pursuant to the provisions of such Act.
Requires the Board of Parole to investigate the services provided to paroled prisoners and submit to Congress an annual report which shall include recommendations for reforming the services currently provided.
Introduced in Senate
Referred to Senate Committee on the Judiciary.
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