review is required with respect to all (a)(2) prisoners who presently have served one-third or more of their sentences. See Grasso v. Norton, D.Conn.1974, 376 F. Supp. 116.
In Grasso v. Norton, D.Conn.1974, 371 F. Supp. 171 (Grasso I), the court ruled that an (a)(2) prisoner could not receive less effective parole consideration than a non-(a)(2) prisoner. In a second Grasso case, Grasso v. Norton, D.Conn.1974, 376 F. Supp. 116, the court held that Section 4208(a)(2) requires that (a)(2) prisoners be given an in-person parole hearing of the same kind given the non-(a)(2) prisoner who is receiving his initial parole consideration. This court, which agrees that an (a)(2) prisoner cannot be given less effective parole consideration than a non-(a)(2) prisoner, nevertheless does not believe that at the one-third point the (a)(2) prisoner, who has already had an initial in-person parole hearing, is entitled to another in-person hearing. The new element absent from the (a)(2) prisoner's initial hearing that needs to be taken into account at the one-third point is his institutional performance and prison conduct, and this factor can be adequately reviewed by an examiner panel on the record by utilizing a current institutional progress report and by examining the inmate's prison file. An in-person hearing with respect to this factor would be of little benefit, and such a requirement would only increase the already heavy burden of the Parole Board. Thus, the court has concluded that an (a)(2) prisoner who receives a continuance to a date past one-third of his maximum sentence at an initial hearing should receive upon completion of one-third of his sentence a review by an examiner panel on the record, which includes the inmate's prison file and a current institutional progress report.
Accordingly, a writ will issue discharging petitioner from custody unless within forty-five days the Parole Board accords petitioner a review by an examiner panel on the record consistent with this memorandum.
© 1992-2004 VersusLaw Inc.