MODEL PENAL CODE
ARTICLE 305. RELEASE ON PAROLE
Section 305.1. Reduction of Prison Term for Good Behavior.
For good behavior and faithful performance of duties, the term of a prisoner sentenced to imprisonment for an indefinite term with a maximum in excess of one year, shall be reduced by [six] days for each month of such term. In addition, for especially meritorious behavior or exceptional performance of his duties, a prisoner may receive a further reduction, not to exceed [six] days, for any month of imprisonment. The total of all such reductions shall be deducted:
(1) from his minimum term of imprisonment, to determine the date of his eligibility for release on parole; and
(2) from his maximum term of imprisonment, to determine the date
when his release on parole becomes mandatory.
Section 305.2. Reduction of Parole Term for Good Behavior.
For good conduct in conformity with the conditions of parole, a parolee's parole term shall be reduced by [six] days for each month of such parole term. The total of such reductions shall be deducted:
(1) from his minimum parole term to determine the date of his eligibility for discharge from parole; and
(2) from the maximum of his parole term to determine the date
when his discharge from parole becomes mandatory.
Section 305.3. Award of Reduction of Term for Good Behavior.
(1) Reductions of term of imprisonment in accordance with Section 305.1 shall be awarded by the Warden of the institution [Deputy Director for Treatment Services]. In the case of reductions for especially meritorious behavior, or exceptional performance of duties, the award shall be made only upon the recommendation of the Committee on Adjustment [or similar committee] of the institution.
(2) Reductions of parole terms in accordance with Section 305.2
shall be awarded by the Board of Parole.
Section 305.4. Forfeiture, Withholding, and Restoration of Reduction of Term for Good Behavior.
(1) Reductions of terms of imprisonment for good behavior and faithful performance of duties may be forfeited, withheld and restored by the Warden of the institution [Deputy Director for Treatment Services] after hearing by the Committee on Adjustment [or disciplinary committee] of the institution, but no reduction of a prison term shall be forfeited or withheld after a prisoner is released on parole.
(2) Reductions of parole terms for good behavior may be forfeited,
withheld and restored by the Board of Parole.
Section 305.5. Report of Reductions Granted, Forfeited and Restored.
The Warden of the institution [Deputy Director for Treatment Services]
shall regularly report all reductions of prison terms for good behavior
and faithful performance of duties, and all forfeitures and restorations
of such reductions to the Director of Correction. On the basis of
such report, the Director shall inform the Board of Parole and the Parole
Administrator of all prisoners who are expected to become eligible for
release on parole or whose release on parole will become mandatory within
the next three months.
Section 305.6. Parole Eligibility and Hearing.
Every prisoner sentenced to an indefinite term of imprisonment
shall be eligible for release on parole upon completion of his minimum
term less reductions granted in accordance with Section 305.1, or, if there
is no minimum, at any time. Within sixty days before the expiration
of such minimum less reductions, or, if there is no minimum, within ninety
days of his commitment, the prisoner shall have a hearing before the Board
of Parole or a member or members designated by the Board, or, when appropriate,
before the Young Adult Division of the Board. The hearing shall be
conducted in an informal manner, but a verbatim record of the proceedings
shall be made and preserved.
Section 305.7. Preparation for Hearing; Assistance to Prisoner.
(1) Each prisoner in advance of his parole hearing shall prepare a parole plan, setting forth the manner of life he intends to lead if released on parole, including such specific information as to where and with whom he will reside and what occupation or employment he will follow. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of his plan and in securing information for submission to the Board of Parole.
(2) A prisoner shall be permitted to advise with any persons whose
assistance he reasonably desires, including his own legal counsel, in preparing
for a hearing before the Board of Parole.
Section 305.8. Decision of Board of Parole; Reconsideration.
(1) The Board of Parole shall render its decision regarding a prisoner's release on parole within a reasonable time after hearing. The decision shall be by majority vote [of a quorum] of the Board of Parole. The decision shall be based on the entire record before the Board, which shall include the opinion of the member who presided at the hearing. In its decision the Board shall either fix the prisoner's release date, or it shall defer the case for later reconsideration.
(2) If the Board fixes the release date, such date shall be not less than sixty days nor more than six months from the date of the prisoner's parole hearing, or from the date of last reconsideration of his case by the Board, unless there are special reasons for fixing an earlier or later release date.
(3) If the Board defers the case for later reconsideration, it shall review the record at least once a year until a release date is fixed. The Board may in its discretion order a reconsideration or a rehearing of the case at any time.
(4) If the Board fixes no earlier release date, a prisoner's release
on parole shall become mandatory at the expiration of his maximum term
of imprisonment, less reductions allowed in accordance with Section 305.1.
Section 305.9. Criteria for Determining Date of First Release on Parole.
(1) Whenever the Board of Parole considers the first release of a prisoner who is eligible for release on parole, it shall be the policy of the Board to order his release, unless the Board is of the opinion that his release should be deferred because:
(a) there is substantial risk that he will not conform to the conditions of parole; or
(b) his release at that time would depreciate the seriousness of his crime or promote disrespect for law; or
(c) his release would have a substantially adverse effect on institutional discipline; or
(d) his continued correctional treatment, medical care or vocational or other training in the institution will substantially enhance his capacity to lead a law-abiding life when released at a later date.
(2) In making its determination regarding a prisoner's release on parole, it shall be the policy of the Board of Parole to take into account each of the following factors:
(a) the prisoner's personality, including his maturity, stability, sense of responsibility and any apparent development in his personality which may promote or hinder his conformity to law;
(b) the adequacy of the prisoner's parole plan;
(c) the prisoner's ability and readiness to assume obligations and undertake responsibilities;
(d) the prisoner's intelligence and training;
(e) the prisoner's family status and whether he has relatives who display an interest in him, or whether he has other close and constructive associations in the community;
(f) the prisoner's employment history, his occupational skills, and the stability of his past employment;
(g) the type of residence, neighborhood or community in which the prisoner plans to live;
(h) the prisoner's past use of narcotics, or past habitual and excessive use of alcohol;
(i) the prisoner's mental or physical make-up, including any disability or handicap which may affect his conformity to law;
(j) the prisoner's prior criminal record, including the nature and circumstances, recency and frequency of previous offenses;
(k) the prisoner's attitude toward law and authority;
(l) the prisoner's conduct in the institution, including particularly whether he has taken advantage of the opportunities for self-improvement afforded by the institutional program, whether he has been punished for misconduct within six months prior to his hearing or reconsideration for parole release, whether he has forfeited any reductions of term during his period of imprisonment, and whether such reductions have been restored at the time of hearing or reconsideration;
(m) the prisoner's conduct and attitude during any previous experience
of probation or parole and the recency of such experience.
Section 305.10. Data to Be Considered in Determining Parole Release.
Before making a determination regarding a prisoner's release on parole, the Board of Parole shall cause to be brought before it all of the following records and information regarding the prisoner:
(1) a report prepared by the institutional parole staff, relating to his personality, social history and adjustment to authority, and including any recommendations which the institutional staff may make;
(2) all official reports of his prior criminal record, including reports and records of earlier probation and parole experiences;
(3) the pre-sentence investigation report of the sentencing Court;
(4) recommendations regarding his parole made at the time of sentencing by the sentencing judge or the prosecutor;
(5) the reports of any physical, mental and psychiatric examinations of the prisoner;
(6) any relevant information which may be submitted by the prisoner, his attorney, the victim of his crime, or by other persons;
(7) the prisoner's parole plan;
(8) such other relevant information concerning the prisoner as
may be reasonably available.
Section 305.11. Eligibility for Discharge from Parole.
A parolee is eligible for discharge from parole upon the satisfactory
completion of the minimum parole term less reductions for good behavior.
Section 305.12. Termination of Supervision; Discharge from Parole.
If, in the opinion of the Board of Parole, a parolee does not
require guidance and supervision, the Board may dispense with or terminate
such supervision. When a parolee is eligible for discharge from parole
in accordance with Section 305.11, the Board may discharge him from parole,
if, in its opinion, such discharge is not incompatible with the protection
of the public. A parolee's discharge from parole or from recommitment
for violation of parole becomes mandatory upon completion of the maximum
parole term less reductions for good behavior.
Section 305.13. Conditions of Parole.
(1) When a prisoner is released on parole, the Board of Parole shall require as a condition of his parole that he refrain from engaging in criminal conduct. The Board of Parole may also require, either at the time of his release on parole or at any time and from time to time while he remains under parole, that he conform to any of the following conditions of parole:
(a) meet his specified family responsibilities;
(b) devote himself to an approved employment or occupation;
(c) remain within the geographic limits fixed in his Certificate of Parole, unless granted written permission to leave such limits;
(d) report, as directed, in person and within thirty-six hours of his release, to his parole officer;
(e) report in person to his parole officer at such regular intervals as may be required;
(f) reside at the place fixed in his Certificate of Parole and notify his parole officer of any change in his address or employment;
(g) have in his possession no firearm or other dangerous weapon unless granted written permission;
(h) submit himself to available medical or psychiatric treatment, if the Board shall so require;
(i) refrain from associating with persons known to him to be engaged in criminal activities or, without permission of his parole officer, with persons known to him to have been convicted of a crime;
(j) satisfy any other conditions specially related to the cause of his offense and not unduly restrictive of his liberty or incompatible with his freedom of conscience.
(2) Before release on parole, a parolee shall be provided with
a Certificate of Parole setting forth the conditions of his parole.
Section 305.14. Parole Residence Facilities.
The Board of Parole may in appropriate cases require a parolee,
as a condition of his parole, either at the time of his release on parole
or at any time and from time to time while he remains under parole supervision,
to reside in a parole hostel, boarding home, hospital, or other special
residence facility, for such a period and under such supervision or treatment
as the Board may deem appropriate.
Section 305.15. Revocation of Parole for Violation of Condition; Hearing.
(1) When a parolee has been returned to the institution, the Board of Parole shall hold a hearing within sixty days of his return to determine whether his parole should be revoked. The parolee shall have reasonable notice of the charges filed. The institutional parole staff shall render reasonable aid to the parolee in preparation for the hearing and he shall be permitted to advise with his own legal counsel. At the hearing the parolee may admit, deny, or explain the violation charged, and he may present proof, including affidavits and other evidence, in support of his contention. A verbatim record of the hearing shall be made and preserved.
(2) The Board may order revocation of parole if it is satisfied, upon substantial evidence, that:
(a) the parolee has failed, without a satisfactory excuse, to comply with a substantial requirement imposed as a condition of his parole; and
(b) the violation of condition involves:
(i) the commission of another crime; or
(ii) conduct indicating a substantial risk that the parolee will commit another crime; or
(iii) conduct indicating that the parolee is unwilling to comply with proper conditions of parole.
(3) Parole revocation shall be by majority vote of the Board.
Section 305.16. Sanctions Short of Revocation for Violation of Condition of Parole.
(1) If the Parole Administrator has reasonable cause to believe that a parolee has violated a condition of parole, he shall notify the Board of Parole, and shall cause the appropriate district parole supervisor to submit the parolee's record to the Board. After consideration of the records submitted, and after such further investigation as it may deem appropriate, the Board may order:
(a) that the parolee receive a reprimand and warning from the Board;
(b) that parole supervision and reporting be intensified;
(c) that reductions for good behavior be forfeited or withheld;
(d) that the parolee be remanded, without revocation of parole, to a residence facility specified in Section 305.14 for such a period and under such supervision or treatment as the Board may deem appropriate;
(e) that the parolee be required to conform to one or more additional conditions of parole which may be imposed in accordance with Section 305.13;
(f) that the parolee be arrested and returned to prison, there to await a hearing to determine whether his parole should be revoked.
(2) If a parole officer or district parole supervisor has reasonable
cause to believe that a parolee has violated or is about to violate a condition
of his parole and that an emergency situation exists, so that awaiting
action by the Board of Parole under Subsection (1) of this Section would
create an undue risk to the public or to the parolee, such parole officer
or district parole supervisor may arrest such parolee without a warrant,
and may call on any peace officer to assist him in so doing. The
parolee, whether arrested hereunder with or without a warrant, shall be
detained in the local jail, lockup, or other detention facility, pending
action by the Board of Parole. Immediately after such arrest and
detention, the parole officer or district parole supervisor concerned shall
notify the Board and submit a written report of the reason for such arrest.
After consideration of such written report, the Board [or a member of the
Board] shall, with all practicable speed, make a preliminary determination,
and shall either order the parolee's release from detention or order his
return to the institution from which he was paroled, there to await a hearing
to determine whether or not his parole shall be revoked. The Board's
preliminary determination to order the parolee's release from detention
shall not, however, be deemed to bar further proceedings under Subsection
(1) of this Section.
Section 305.17. Duration of Re-imprisonment and Re-parole after Revocation.
(1) A parolee whose parole is revoked for violation of the conditions of parole shall be recommitted for the remainder of his maximum parole term, after credit thereon for the period served on parole prior to the violation and for reductions for good behavior earned while on parole.
(2) A parolee whose parole has been revoked may be considered by the Board of Parole for re-parole at any time. He shall be entitled to a hearing and consideration for re-parole after serving a further period of imprisonment equal to one third of the remainder of his maximum parole term, or after serving a period of six months, whichever is longer.
(3) Except in the case of a parolee who has absconded from the
jurisdiction or from his place of residence, action revoking a parolee's
parole and recommitting him for violation of the conditions of parole must
be taken before the expiration of his maximum parole term less reductions
for good behavior. A parolee who has absconded from the jurisdiction,
or from his place of residence, shall be treated as a parole violator and
whenever he is apprehended shall be subject to recommitment or to supervision
for the balance of his parole term remaining on the date when he absconded.
Section 305.18. Parole to Detainers.
(1) If a warrant or detainer is placed against a prisoner by a court, parole agency or other authority of this or any other jurisdiction, the Parole Administrator shall inquire, and seek to determine, before such prisoner becomes eligible for parole, whether the authority concerned intends to execute or withdraw the writ when the prisoner is released.
(2) If the authority notifies the Parole Administrator that it intends to execute such writ when the prisoner is released, the Parole Administrator shall advise the authority concerned of the sentence under which the prisoner is held, the time of parole eligibility, any decision of the Board of Parole relating to the prisoner, and of the nature of his adjustment during imprisonment, and shall give reasonable notice to such authority of the prisoner's release date.
(3) The Board of Parole may parole a prisoner who is eligible for release to a warrant or detainer. If a prisoner is paroled to such a warrant or detainer the Board of Parole may provide, as a condition of his release, that if the charges on which the warrant or detainer is based are dismissed, or are satisfied after conviction and sentence, prior to the expiration of his maximum parole term, the authority to whose warrant or detainer he is released shall return him to serve the remainder of his maximum parole term or such part thereof as the Board may determine.
(4) If a person paroled to a warrant or detainer is thereafter
sentenced and placed on probation, or released on parole in another jurisdiction
prior to the expiration of his maximum parole term less reduction for good
behavior in this State, the Board of Parole may permit him to serve the
remainder of his parole term, or such part thereof as the Board may determine,
concurrently with his new probation or parole term. Such concurrent
terms may be served in either of the two jurisdictions, and supervision
shall be administered in accordance with the provisions of the Interstate
Compact for the Supervision of Parolees and Probationers.
Section 305.19. Finality of Determinations with Respect to Reduction
of Terms for Good Behavior
No court shall have jurisdiction to review or set aside, except for the denial of a hearing when a right to be heard is conferred by law:
(1) the action of an authorized official of the Department of Correction or of the Board of Parole withholding, forfeiting or refusing to restore a reduction of a prison or parole term for good behavior; or
(2) the orders or decisions of the Board of Parole regarding,
but not limited to, the release or deferment of release on parole of a
prisoner whose maximum prison term has not expired, the imposition or modification
of conditions of parole, the revocation of parole, the termination or restoration
of parole supervision or the discharge from parole or from re-imprisonment
before the end of the parole term.