Prawo i regulacje · 22/12/1994

Paroling, Recommitting, and Supervising Federal Prisoners: Salient Factor Scoring

The U.S. Parole Commission is clarifying its paroling policy guidelines on using a prior conviction for determining a prisoner's salient factor score, when the prisoner claims the conviction was obtained in violation of his right to counsel, and the records of the conviction are not available. This amendment of the salient factor score instructions was published as an interim rule on March 10, 1994. 59 FR 11185-86. The final version of the rule is almost identical to the interim rule. The rule provides that the prisoner must demonstrate that the allegedly invalid conviction must have occurred prior to Supreme Court decisions establishing the right to counsel for felony and misdemeanor/petty offense convictions. Otherwise, the Commission will presume that the prior conviction was validly obtained and will count the conviction even if records of the conviction are no longer available.