NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: BCD, 2/3 x 6 months, 6 months, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), a prisoner on parole, did, (at/on board - location), on or about __________, violate the conditions of (his) (her) parole by __________.
c. ELEMENTS:
(1) That the accused had been a prisoner as the result of a court-martial conviction or other criminal proceeding;
(2) That the accused was on parole;
(3) That there were certain conditions of parole that the accused was bound to obey; and
(4) That (state the time and place alleged), the accused violated the conditions of parole by (state the act or failure to act alleged as a violation of parole).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Prisoner” refers only to those in confinement resulting from conviction at a court-martial or other criminal proceeding.
“Parole” is defined as “word of honor.” A prisoner on parole, or parolee, has agreed to adhere to a parole plan and conditions of parole. A “parole plan” is a written or an oral agreement made by the prisoner prior to parole to do or refrain from doing certain acts or activities.
“Conditions of parole” include the parole plan and other reasonable and appropriate conditions of parole. In return for giving (his) (her) “word of honor” to abide by a parole plan and conditions of parole, the prisoner is granted parole.
NOTE 2: Evidence of underlying conviction-limiting instruction. It is neither necessary nor permissible to prove the offense for which the accused was paroled. Proof of simply the conviction and the parole agreement is ordinarily sufficient. When evidence is introduced to establish the conviction which gives rise to the parole, the evidence should not disclose the offense for which the accused was convicted. The below instruction should be given.
The (court-martial promulgating order) (stipulation) (record of conviction) (testimony of __________) (__________) was admitted into evidence solely for the purpose of its tendency, if any, to show that the accused was convicted and on parole. You must disregard any evidence of possible misconduct which may have resulted in the accused’s conviction or parole and you should not speculate about the nature of that possible misconduct.
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge) may be applicable.