Gonzalez & Waddington – Attorneys at Law

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Prisoners who are not granted parole prior to their MRD (minimum release date) can be ordered on a supervised release

  1. Policy of the DoD to use supervised release in all cases except where it is determined by the Service Clemency and Parole Boards to be in appropriate.
  2. Terms and conditions are identified in the release plan. The prisoner acknowledges the receipt of the terms and conditions.
  3. The Service Clemency and Parole Boards may modify or release any terms or conditions of supervision or may terminate supervision entirely.
  4. A violation of the supervised release will be considered equivalent to a violation of the terms and conditions of parole and processed in the same manner.
  5. United States v. Pena , 64 MJ 259 (2007) – The Air Force Clemency and Parole Board ordered Pena to participate in the Mandatory Supervised Release Program for seventy-two days –terminating on his maximum release date. The Board set forth twenty-five conditions to include participating in a community based sex offender treatment program and consent to periodic examinations of his computer. Prior to his release he submitted a declaration that noted a number of hardships his participation in the program created. The declaration did not describe his living circumstances, sources of support or overall financial condition. CAAF looked to see if his participation in the program constituted cruel or unusual punishment or otherwise violated an express prohibition in the UCMJ; unlawfully increased his punishment; or rendered his guilty plea improvident. CAAF held that the program did not constitute cruel or unusual punishment, that Pena did not demonstrate that the collateral consequences actually imposed increased his punishment; and that the plea agreement was provident. CAAF did leave open the possibility that in some cases the Mandatory Supervised Release program could be imposed in a manner that increases the punishment of the prisoner. The burden is on party challenging the conditions to demonstrate the increased punishment.

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