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Custodial Orders (From Sentencing, P 35-54, 1988, Australian Law Reform Commission, ed. -- See NCJ-114633)

NCJ Number
114635
Date Published
1988
Length
20 pages
Annotation
In considering the nature of Australia's custodial order, this chapter discusses determination of the length of the prison term, with attention to parole, early release, and remission policies.
Abstract
The Law Reform Commission of Australia recommends reforms to ensure that the length and nature of a custodial sentence are clear at the time of sentencing. To achieve this end, the commission recommends the concept of a 'custodial order,' which encompasses both a period of imprisonment and a period of supervised release in the community. A discussion of related commission recommendations includes a review of commission custodial recommendations pertinent to Australian Federal offenders. Topics covered in the recommendations are entitlement to parole, other provisions which impact upon the release date, parole release, parole conditions, liability to serve the remainder of a term, and release on license. The chapter also discusses the application of the recommended reforms to inmates in general and to specific types of inmates, the impact of various discretions in custodial orders, parole conditions, and parole revocation. The implementation of the reforms is considered for the Australian Capital Territory and Federal parole. 46 footnotes.

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