Such guidelines, which utilize an analysis of the prisoner's offense as a critical factor in determining how long he will be incarcerated, violate the purpose of the Youth Corrections Act. The Board of Parole has a duty to consider prisoners sentenced under its provisions for parole at any time. The history of the Act shows that the prisoner's response to so-called treatment and his supposed rehabilitation are the primary considerations to be used in determining when a Youth Offender should be released on parole. 1950 U.S. Code Congressional Service, page 3985.
In a recent discussion of the Youth Corrections Act, the United States Supreme Court in Dorszynski v. United States, 418 U.S. 424, 434, 94 S. Ct. 3042, 3048, 41 L. Ed. 2d 855 (1974), stated, "An important element of the program was that once a person was committed for treatment under the Act, the execution of the sentence was to fit the person, not the crime for which he was convicted." (Emphasis added). Although the holding in Dorszynski was limited to a pronouncement that District Judges must find that youth offenders will not benefit from treatment under the Youth Corrections Act before they may be given regular adult sentences, the quoted language nevertheless supports the historical analysis of the Act which places great stress on treatment and rehabilitation. Thus, the guidelines, which take offense severity into account as a critical factor in determining how long a Youth Offender will be incarcerated, violate the purposes of the act and are illegal.
The Government has cited LoCicero v. Day, et al., Civil No. 1144 (E.D.Kentucky, February 15, 1974) as authority that the Board's use of the guidelines in question is not arbitrary or capricious. The Court is not persuaded to follow the reasoning in LoCicero.
Consequently, because the parole release guidelines contravene the purposes of the Youth Corrections Act, their use to deny Mayet parole was invalid. A new parole consideration for Mayet will be ordered.
Now, therefore, an appropriate order shall issue granting Mayet relief.
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