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Costa
Rica:
Bill
Would
Eliminate
Parole
For
Organized
Crime
The
judges
of
Costa
Rica's
Supreme
Court
gave
its
support,
by a
majority,
to
bill
number
17.490
amending
the
Criminal
Code
preventing
organized
and
serial
criminals
from
obtaining
parole.
Currently,
any
inmate,
convicted
for
the
first
time
to
prison
term
exceeding
six
months
is
eligible
for
parole
after
completing
one
half
of
his
or
her
sentence.
The
bill,
if
approved
by
the
Legislature,
would
deny
parole
to
those
sentenced
for
kidnapping
for
ransom,
sexual
exploitation,
corruption
of
minors
and
offenses
"primarily
or
any
activity
related
to
organized
crime".
Parole
would
also
be
denied
to
inmates
sentenced
for
homicide
and
acts
against
police
forces.
The
Comisión
de
Seguridad
y
Narcotráfico
del
Congreso
(Legislative
Drug
Safety
Commission)
submitted
the
bill
to
the
Supreme
Court
for
consultation,
receiving
an
affirmative
opinion
by
the
magistrates
as
the
initiative
"seeks
to
prevent
recidivism
and
early
release".
Under
the
legislative
proposal,
inmates
who
do
qualify
for
probation,
would
have
opportunity
to
do
so
after
serving
three
quarters
of
their
sentence
and
based
on a
report
by
the
Instituto
Nacional
de
Criminología
on
the
prisoner's
good
behaviour
and
a
favourable
opinion.
The
Supreme
Court
justices
asked
legislators
to
specify
the
offences
so
as
to
avoid
possible
unconstitutionality
debates.
Justice
Minister,
Hernando
Paris,
acknowledged
that
approval
of
the
project
would
impact
the
prison
system
as
it
involves
"an
increase
in
the
effective
enforcement
of
penalties".
The
minister
said
that
new
prisons
would
have
to
be
built
to
meet
the
demand
for
space.
Libertarian
legislator
Danilo
Cubero,
a
member
of
the
Security
Commission,
said
the
endorsement
of
the
Court
"is
a
positive
message
to
citizens".
"We
are
concerned
about
recurrence,
sometimes
you
have
to
give
freedom
a
flexible
approach",
he
said.
In
Costa
Rica,
although
a
trial
court
can
hand
down
a
sentence
of
90,
100
or
more
years,
the
maximum
to
be
served
by
an
individual
is
always
50
years.
Criminal
experts
consider
that
the
granting
of
parole
should
take
into
account
the
sentence
imposed
and
not
the
50
year
maximum.
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