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NCJ Number: 64218 Find in a Library
Title: A NATIONAL SURVEY OF PAROLE-RELATED LEGISLATION ENACTED DURING THE 1979 LEGISLATIVE SESSION
Author(s): M KANNENSOHN
Corporate Author: National Council on Crime and Delinquency Research Ctr
United States of America
Date Published: 1979
Page Count: 21
Sponsoring Agency: Bureau of Justice Statistics (BJS)
Washington, DC 20531
National Council on Crime and Delinquency Research Ctr
San Francisco, CA 94102
National Institute of Justice/
Rockville, MD 20849
Grant Number: 79-SS-AX-0002
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: RESULTS OF A NATIONAL SURVEY FOCUSING ON PAROLE-RELATED LEGISLATIVE ACTIVITY DURING 1979, AS PRESENTED AT THE UNIFORM PAROLE REPORTS SEMINAR, ARE DISCUSSED; GENERAL LEGISLATIVE TRENDS ARE EMPHASIZED.
Abstract: A QUESTIONNAIRE WAS FORWARDED TO THE LEGISLATIVE RESEARCH AGENCY IN EACH STATE REQUESTING INFORMATION ON LEGISLATIVE ACTION FOR 10 GENERIC CATEGORIES OF PAROLE-RELATED LEGISLATION. FORTY OF THE 50 AGENCIES RESPONDED. TWO DISTINGUISHABLE TYPES OF SENTENCING LEGISLATION REFORM APPROACHES COULD BE DISCERNED. THE FIRST TYPE AIMS AT REPLACING INDETERMINATE SENTENCES WITH SOME FORM OF DETERMINANCY. MANDATORY AND DETERMINATE SENTENCING STATUTES ARE REPRESENTATIVE OF THIS APPROACH AND ARE DESIGNED TO ABOLISH PAROLE-RELEASE DECISIONMAKING. A SECOND APPROACH HAS BEEN TO ENACT LEGISLATION TO IMPROVE EXISTING INDETERMINATE SENTENCING SYSTEMS BY REVISING CONTROVERSIAL FEATURES. IN GENERAL, LEGISLATURES HAVE FOCUSED HEAVILY ON THE FIRST APPROACH. UNDER THE DETERMINATE SENTENCING MODEL, THREE TYPES OF LEGISLATION HAVE EMERGED: PRESUMPTIVE SENTENCING, DETERMINATE DISCRETIONARY, AND SENTENCING GUIDELINES. TO DATE, SIX STATES HAVE PASSED PRESUMPTIVE SENTENCING BILLS; ONLY TWO STATES HAVE PASSED DETERMINATE DISCRETIONARY PROVISIONS; AND SENTENCING GUIDELINES LEGISLATION WAS CONSIDERED ONLY IN THE STATE OF WASHINGTON. IN EACH OF THE 1979 DETERMINATE SENTENCING ENACTMENTS, THE PAROLE RELEASE MECHANISM WAS ABOLISHED EXCEPT FOR THOSE OFFENDERS SENTENCED UNDER THE PREVIOUS INDETERMINATE SYSTEM. THE SECOND TYPE OF SENTENCING APPROACH, MANDATORY SENTENCING, ELIMINATES JUDICIAL AND PAROLE BOARD DISCRETION BY REQUIRING IMPRISONMENT FOR SELECTED CATEGORIES OF OFFENSES. IN 1979, 17 STATES PASSED ONE OR MORE MANDATORY SENTENCING BILLS. OTHER LEGISLATIVE ACTIVITY FOCUSED ON CONTRACT PAROLE, PAROLE GUIDELINES, DUE PROCESS PROTECTIONS IN PAROLE PROCEEDINGS, AND PAROLE SERVICES FUNDING. A SURVEY FORM AND A TABLE DEPICTING 1979 PAROLE-RELATED LEGISLATION ARE APPENDED.
Index Term(s): Determinate Sentencing; Indeterminate sentences; Laws and Statutes; Parole; Sentencing guidelines; Sentencing/Sanctions; Surveys; Workshops and seminars
Note: UNIFORM PAROLE REPORTS SERIES PRESENTED AT THE 1979 UNIFORM PAROLE REPORTS SEMINAR HELD ON OCTOBER 15, 16, AND 17, 1979
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64218

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