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TUESDAY, FEBRUARY 28, 1961.
OFFICE OF THE PARDON ATTORNEY
REED COZART, PARDON ATTORNEY
Mr. ROONEY. The committee will come to order, please.
The first item to which we shall direct our attention this afternoon is that for the Office of the Pardon Attorney which is a subitem under “Salaries and expenses, general administration."
The justifications with regard thereto are to be found at tab 5 of the justifications book.
We shall at this point insert in the record pages 5–1 through 5-6 of the justifications.
(The pages follow :)
OFFICE OF THE PARDON ATTORNEY
$70, 800 73, 000
2, 200 The pardon attorney performs a specialized service under the Attorney General, which deals with the receipt, investigation, and disposition of applications to the President for pardon, or other forms of executive clemency.
It is estimated that this Office will need an appropriation of $73,000 for 1962 to continue its operations on the present scale and to meet the cost of statutory changes in pay. This is $2,200 more than the amount required for 1961 and covers the following changes : Statutory changes : Within-grade promotions (Ramspeck Act)
$1,540 Savings due to 1 less workday in 1962--
$1,300 Increases in miscellaneous expenses to reflect current requirements for
such purposes. Additional funds needed because 1961 allotments are less than the actual costs for 1960__
The pardon attorney performs a specialized service under the Attorney General which deals primarily with the receipt, investigation, and disposition of applications to the President for all types of Executive clemency. In addition, related matters are reviewed, considered, and disposed of on an administrative basis in accoradnce with established procedure.
Although the workload of the Office has remained more or less constant in recent years, an estimate as to the number of cases likely to be filed during a given year cannot be easily computed. Every person convicted of a Federal offense is a prospective petitioner for some form of Executive clemency, and the increase in the rate of crime with proportionate conviction will enlarge their number. Moreover, persons whose veterans' rights or benefits have been duly forfeited in the past, even without criminal prosecution, because of their infractions of various laws relating to veterans are potential applicants. The needs and desires of the individual dictate the time when he may feel impelled to seek clemency. Then, too, there is always the prospect that groups active in behalf of certain classes of offenders, for example, selective service violators, may prevail upon a large number to file petitions in concert.
Apart from consideration of the formal applications, this Office must necessarily examine, review, and dispose of many, many informal requests for pardon or other forms of Executive clemency, or for information or advice concerning the various aspects of clemency and loss and restoration of civil rights. For fiscal year 1958, we handled 2,238 pieces of miscellaneous correspondence. This increased to 4,115 in 1959. For fiscal year 1960, there were 10,123 such items.
All positions in the Office are filled at the present time, and we anticipate no vacancies.
Figures relating to actual workload for 1958, 1959, and 1960 and estimates for 1961 and 1962 are attached.
Office of the Pardon Attorney-Workload
Mr. Rooney. The request is in the amount of $73,000, which would be an increase of $2,200 over the amount appropriated for the Office of the Pardon Attorney in the current fiscal year. This requested increase, Mr. Cozart, is for within-grade promotions?
Mr. Cozart. And a small amount of miscellaneous expenses. That would be the only increase in the last few years.
Mr. ROONEY. Those amount to $900 ?
BOARD OF PAROLE
TUESDAY, FEBRUARY 28, 1961.
R. A. CHAPPELL, CHAIRMAN
Mr. Rooney. We will proceed with the next subitem entitled “Board of Parole."
The details are to be found under tab 6 of the justification book, and we shall at this point insert in the record pages 6–1 through 6-11. (The pages follow :)
BOARD OF PAROLE Appropriation, 1961.
$434, 800 Estimate, 1962
473, 000 Increased
38, 200 The Board of Parole consists of eight members, appointed by the President, by and with the advice and consent of the Senate. It has sole authority to grant, modify, or revoke paroles of all U.S. prisoners. It is responsible for the supervision of parolees and prisoners released upon the expiration of their sentences with allowances for statutory good time. U.S. probation officers supervise parolees and conditional releasees.
The Youth Correction Division of the Board recommends specialized treatment for Federal offenders under 26 years of age. It orders their conditional release, their unconditional discharge, or their return to custody either upon a violation by the offenders or upon a finding by the Division that such return would be beneficial.
AMOUNT REQUESTED The Board of Parole estimates that $473,000 will be required to meet its needs for the fiscal year 1962. This amount exceeds the amount allotted to the Board in 1961 by $38,200. The amount requested is necessary primarily to meet the increased costs of handling parole legislation enacted in fiscal year 1959 for which no appropriation has yet been made. The changes are as follows: Cost of statutory requirements: Within-grade salary increases (Ramspeck Act).
$4, 370 Savings due to 1 less compensable day in 1962-
(-)1,330 Retirement fund contributions-
$3, 240 Net cost of reclassifications approved in fiscal year 1960
2, 160 Additional personnel :
Personnel compensation (4 additional positions. 2 GS-11 analysts, 2 GS-5 secretaries)-
$23, 800 Personnel benefits.
2, 000 Travel_
1,000 Rent (formerly budgeted by GSA)
31, 800 Other services (hearing reporters)
A Federal Indeterminate Sentencing Act for adults was signed into law during the early part of fiscal year 1959. As a result the activities of the Board began to increase significantly later during that year. The Board has not yet been authorized any additional funds for staff or general expenses to meet the responsibilities placed upon it by this law. The need for increased funds by the Board, however, continues to be more and more acute. When the courts use this new law they specify that the Board is to set the parole eligibility date, thus requiring the Board to establish the minimum sentence. The Board must then conduct an initial hearing for those prisoners to determine what the eligibility date shall be. This is in addition to the regular parole hearing conducted later during the term. Thus, where the court uses this section of the law, two hearings are required for the prisoner instead of one. During fiscal year 1960, the courts committed 596 prisoners under the section which requires the Board to set the parole eligibility date. This is compared to 127 prisoners committed under the same section during the previous year. Because of this accelerated trend, it is estimated that the Board will hold 1,300 initial hearings for this class of prisoners alone in 1962. This is compared to an estimated 1,000 in 1961 and an actual number of 391 during 1960.
The above-described indeterminate sentencing law placed upon the Board the responsibility to “discharge from supervision” certain deserving parolees where continued supervision is deemed no longer necessary. Other modifications in the type of supervision also may be ordered. This study and processing, requires Board and staff time. These Board actions permit a probation officer to spend more of his time with those parolees who need more intensive supervision than other parolees.
The raising of the age limits of youth offenders from age 22 to 26 in 1958 and the continued increase in numbers being committed under the act has caused a severe workload problem in the Youth Division of the Board. The number of hearings conducted by the Youth Division in 1960 was 5,613 compared to 4,794 in 1959. This is a 15 percent increase in 1 year and occurred at the same time the other members of the Board were also experiencing an increase in hearing workload. Additional responsibilities will be placed upon the Youth Division when the District of Columbia opens its institution for youth offenders in September 1960.
The need for additional staff and for increased funds for travel, reporter fees, and other related expenses has continued to become more acute over the past several years and increased funds have been requested to meet the Board's responsibilities in each of the past 4 years.
With the exception of authority to enlarge the staff by three for the specific purpose of processing matters pertaining to the Labor-Management Act of 1959, there has been no appropriation for additional staff. The increase in demands for Board services became especially marked during 1960. The number of hearings for example increased 15 percent between 1958 and 1960 and it is estimated that the increase will be 32 percent by 1962. The requested 1962 appropriations will be sufficient to obtain a modest increase for staff and related expenditures.
The Board estimates that the amounts shown below are the necessary amounts in the various categories which represent increases over 1961, to meet its needs for the fiscal year 1962. No increases are requested in categories not listed below: 11 Personnel compensation, $376,200
This amount includes $23,800 which will provide for two case analysts (GS-11) and two secretary-stenographers (GS-5). One of the analysts is needed primarily to process the annual summary reviews of the approximately 5,000 parolees in the community and to assist in processing and summarization of additional parole cases. This latter duty is necessary because the Board is increasingly pressed to keep up with the processing of its parole decisions. The above functions are necessary because of new legislation for which no staff has yet been obtained. Because of the additional duties imposed upon the Board by the adult indeterminate sentencing law and by the Labor-Management Act, the function of making Board decisions for or against parole is now falling dangerously behind to a point where inmate morale may be seriously affected. To correct this, more professional assistance is neded for the members of the Board. It has become necessary to assign certain professional staff members on the present roll to act as examiners to assist in conducting parole hearings for the Board.
The second analyst is sorely needed in the Youth Division to process the everincreasing number of cases on parole and under the jurisdiction of the Division. Under the Youth Corrections Act every youth must be paroled at some time during his sentence. Since the peak number of commitments has not yet been reached, it is known that the peak number of parolees in the community will not be reached for another 2 years or more. An analyst is thus needed to help in processing cases of youths and all other parolees. One of the two secretary-stenographers is needed to provide secretarial services to the Youth Division executive who has not been allotted such a position and who has had to operate by using the services of a secretary assigned to a member of the Board. The other secretary-stenographer is needed to provide the Board with stenographic services for the supervision section in their processing of annual reports on parolees and other related work in that section.
This amount also includes funds for payment of salaries of certain positions reclassified in accordance with Civil Service Commission standards.
The amount asked for takes into account a saving because of 1 fewer compen. sable day during the year and the mandatory within-grade salary increases during the year.
It should be noted that the amount requested will be sufficient only if the Board experiences a personnel lapse due to vacancies of approximately 9 percent during the year. 12 Personnel benefits, $26,100
This amount includes an increase of $2,200 for the various personnel benefits (life insurance, health benefits, and retirement contributions) for the new positions and higher salary requests for 1962. 21 Travel, $26,000
This amount includes an increase of $1,000 which will permit the Board to conduct the extra hearings which must be scheduled. The greater number of hearings increases the number of days that the members must spend in the field thus increasing travel expenses. Funds are also needed for Board representa
tion at Federal judicial conferences at which the Chairman appears in order to explain Board policy especially with regard to the new indeterminate sentencing law. The Board also is represented at other national and regional professional meetings with closely related correctional agencies.
Rent, communications, and utilities, $7,900 An increase of $5,000 covering rent of office space for additional personnel requested for 1962 is included in this item. Provision for rental of office space in the District of Columbia formerly was budgeted by GSA. However, under a new policy recently promulgated such costs must now be included in individual agency budgets. 25 Other services (hearing reporters), $32,000
This amount which includes an increase of $1,000 will provide for payment of hearing reporters who provide stenographic services and furnish a transcript of the hearing member's summary of the parole hearing. The increased number of hearings results in a parallel increase in reporting fees.
Mandatory release. Meetings held at institutions.. Hearings conducted...
158 10, 974
168 11, 661
171 12, 640
182 14, 500
1 Population estimates are based on Bureau of Prisons estimates of 23,300 in 1961 and 24,000 in 1962, plus an estimated 900 Federal prisoners in Public Health institutions and an estimated 300 in a District of Columbia institution who also come under the paroling authority of the Board,
2 Juveniles and youth offenders are given periodic review hearings at which parole may or may not be ordered. Reviews resulting in orders of parole are not listed in this line.
3 Tabulations of this procedure were not included in the workload statements prior to 1959. *This figure covers only a fraction of the year 1959 since the act authorizing the Board to determine date of parole eligibility was not enacted and implemented until late in fiscal year 1959.