Wyoming can do better, as can all states. WebPros And Cons Of Discretionary Parole. Stripped of their voting rights. KEYWORDS: Recidivism discretionary release mandatory release survival analysis. Essentially parole means that the offender is released from prison prior to the expiry of his or her entire sentence of imprisonment to serve the remainder of the sentence in the community under the supervision of the parole officer, subject to specific conditions that must be complied with. 04.03.18. I have to agree with Alexander (2012) that being labeled a felon condemned individuals to second-class citizenship perpetuate the cycle of criminal behavior. 5 Whats the difference between mandatory release and probation? Of all of the states, Wyoming received the highest grade, an 83, or a B-. Because all parole boards issue reports, we gave the full 6 points to 13 states that require the parole board to publish reports with enough detail for the legislature to hold the board accountable, and zero points to all other states. Similarly, those released discretionarily were more likely to successfully complete their term of parole supervision than those released under mandatory laws. This prohibition is based on a belief that merely being in the company of another person on parole or who has a criminal record, regardless of how long ago the actual crime occurred will invite criminal behavior. Failure to do so can result in parole revocation, which means the parolee, goes back to. Otherwise known as compas- sionate release, a prisoner's conditional release from prison to the community if (s) he has a terminal illness or needs long-term medical care and does not pose an undue risk to public safety. WebIt would also be unhealthy for a child to grow up in a prison as their minds would never fully develop out of the violent nature they have as children. , Alaska prohibits an individual on parole from changing residence without notification and considers an overnight stay a change of residence, punishable by parole revocation. Parole Pros And Cons Parole is a stage in the system that more people hope they get while in jail. If an individual on parole leaves the county without permission, buys a car without telling a parole official, or tests positive for drugs, those behaviors should be dealt with through collaboration between parole officials and community agencies. Webhow fast can you complete google ux certificate. These sentences are usually reserved for crimes that are considered violent or serious, but have been applied to drug possession, gun ownership, and moral vices. Using our services for any unlawful purposes are strictly prohibited. 2. The decision to release someone should be based on a number of factors participation in educational and vocational programs, in-prison disciplinary history, and other verifiable metrics that indicate personal transformation. The American penitentiaries were partially based on the Irish system. The procedures by which those determinations are made are important; but their relative strengths and weaknesses are not important4 Webguerlain insolence old bottle. This model of corrections relies on determinate sentencing and/ or abolition of parole. ), Whether a states legislature allows the parole board to offer discretionary parole to most people sentenced today; (20 pts. I gave points to states that provide one or more mechanisms to shorten parole because there is no evidence that unending supervision results in anything other than higher recidivism rates. Utilizing the year 1995, which represents the point at which there were approximately equal numbers of prisoners released under discretionary and mandatory schemes nationally, this study compared the outcomes of discretionary versus mandatory release in relation to lengths of time served, percent of time served, and success between those inmates released via mandatory and discretionary schemes. Whats the difference between mandatory release and probation? WebPros And Cons Of Discretionary Parole. There are three penal institutions sometimes called secure estates - local authority secure children's homes, secure training centres and young offenders institutes. WebParole is a type of community supervision program in which the parolee has to live a conditional life under the supervision of the parole officer. , Unfortunately, the transparency of parole systems in those 16 states has declined since they abolished discretionary parole, though it's not clear if there is a causal connection. If you continue to use this site we will assume that you are happy with it. A forerunner of parole. ), Does not require supervision or drug-testing fees. What is the slope and y-intercept of 1 3x? or allowing individuals to earn good time credits that they can apply toward shortening their time on supervision (5 pts. Discretionary parole probation is a special condition or area of law which allows offenders to rejoin the society by serving his or her last part of sentence under the provision of a probationary officer in comparison to the mandatory parole where the authority is bound to provide a provision on the basis of the offender's good time. Web1. Up until the 1960s, capital punishment was a mandatory minimum sentence Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. I graded states on the extent to which their parole systems reflect those principles. There are examples of 10-year sentences being handed out for having 1g of marijuana in possession. Copyright 2023 GovernmentRegistry.org All Rights Reserved. An official website of the United States government, Department of Justice. National data were used from the U.S. Department of Justice, Bureau of Justice Statistics (BJS) and the National Corrections Reporting Program (NCRP). WebThis can put the parole officer in moments of danger and critical action. 0. Members on the parole board can pick and choose. WebA prisoner who is eligible for discretionary parole has an incentive to behave responsibly. Some states do not report the necessary data; the existing data does not reflect how many people will never be statutorily eligible to be considered for release, and in addition, existing parole policies could influence this figure. 0. On the other hand, Montana should be applauded for requiring that their parole board members have expertise and knowledge of American Indian culture. . Plus the government is wasting 75 billion dollars on these facilities instead of using the money in a better way like making programs for the prisoners that need help with mental health or other stuff. Capital Punishment Pros and Cons Essay Tips. Finally, I thank my Prison Policy Initiative colleagues for support and encouragement, especially Peter Wagner for patiently editing and helping me develop the scoring system and organize the state-by-state data in a form that will be useful to other advocates. 0. They can lead to a decrease in serious crime. 12.6.docx. Not having the right to bear arms. Only 34% or 790 of the total prison population of 2,353 in 2016 were eligible for parole at that time. Parole is the stepping stone to prove that the criminals are capable of being back into society after being in jail. Neither the individuals The sourcing for each state is in Appendix A. They protect society for longer time periods. WebPros and Cons of Discretionary and Mandatory Parole.docx. He claimed he confessed because it was made under extreme duress, which can be true but still if they caught him, he should have known to say the truth without forcing him to say it. Release on parole is not automatic. The initial stage in which discretion is applied in the system of criminal justice is where police officers make a decision on whether a suspect should be arrested for a particular offense or not. Many states have begun to rely on parole guidelines and validated risk assessments as a way to step back from the entirely subjective decision-making processes they have been using. This approach suggests that people commit crimes because of influences beyond their control, such as poverty, injustice, and racism. How do you qualify for mandatory release? A lock ( What are the pros and cons of discretionary parole and mandatory release? It saves money, family relationships, and economic contributions. It does not allow for extenuating circumstances. On the other hand, a mandatory parole is set by law and requires the state to grant parole when an inmate serves a set period. Parole is the stepping stone to prove that the criminals are capable of being back into society after being in jail. The results demonstrated that offenders released by discretionary parole release had a 31 percent lower hazard of re-arrest than mandatory release offenders. -the lack of punishment, the society believe that the criminal deserves to be punishment very hard to could get back in the society. Lastly, denying those leaving prison the right to associate with others like them ignores the powerful impact on local, state, and national criminal justice policy reform by groups of formerly incarcerated individuals, many of whom are on parole, all of whom have criminal histories. The judge decided to hand out a sentence of 30 days anyway. The conditional sentence may be combined with day fines and/or an obligation to perform community service. That ignores two truths: Individuals should not bear the cost of their incarceration. Every individual will be placed in their correct supervision level as set forth by SENTAC and sentencing order. Parole is defined as the provisional release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period. Some crimes may offer an option for parole, allowing those who wish to rehabilitate themselves to have a second chance at safely joining the general population once again. They can lead to a decrease in serious crime. ), The degree to which the parole board is transparent in the way it incorporates evidence-based tools. Official websites use .gov Whilst some say it is damaging to children and would lead to further reoffending once they are out due to learning crimes off other criminals. The mandatory minim sentences pros and cons serve as a debate regarding the foundation of how criminal justice is applied within a society. The word parole originated from the French which meant "voice" or "spoken words". This problem has been solved! Post-release control (PRC) is a period of supervision of an offender by the Adult Parole Authority following release from imprisonment that includes one or more post release control sanctions imposed by the Parole Board pursuant to ORC section 2967.28. This gives the criminals the opportunity to prove they learned their lessons and can handle life on their own. A license or permit given to a convict as a reward for good conduct that allowed him or her to go at large and work before expiration of sentence, subject to certain restrictions and revocable upon subsequent misconduct. It may also be detrimental to have them in place for petty crime. Parolees serving a period of supervised release must typically meet periodically with their parole agent and follow a set of conditions. For example, Wisconsin changed its sentencing structure in 2000 to eliminate the option of discretionary parole for all offenses committed after that date. Parole Board does not have discretion to grant or deny a conditional release. We believe that prosecutors should not be allowed to weigh in on parole decisions. 7 day vegetable soup diet. I have five metrics by which I rate whether or not a state has robust practices when it comes to parole hearings. If the individual is adjudicated in court, then the individual enters the Delaware Correctional system. Being on the parole board for Reamer is one of the most challenging things hes ever had to face because he believes that the system can be unfair sometimes. More Share Options . In return, they were sentenced to a minimum mandatory time of 10 years for distribution and 2 years for possession for $31 worth of drugs. What are the pros and cons of discretionary parole and mandatory release? Secure .gov websites use HTTPS 2 0 obj It was put in place to help the paroles live a better life. -the lack of probation officer, the probation officer is taking care more Other advocates and some state leaders may disagree with some of our findings of fact or with the weights that we gave to various factors that make up a fair and equitable parole system. A .gov website belongs to an official government organization in the United States. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. For example, we gave or deducted some points for: Parole boards can only review individuals who the legislature (and sometimes judges) say they can. The main part of this research paper is the reforms for the conditions of prison and make prison a better place for prisoner and make an alternative for incarceration. ), Allowing the board to extend the period of supervision past the actual end of the imposed sentence (5 pts. <>stream The judge said its more difficult to interact, to judge eye contact and nonverbal clues like body language. While the judge was specifically referencing immigrants in detention, incarcerated individuals interviewed by video face the same barriers when trying to persuade a parole board to grant them parole, barriers that resulted in higher deportation rates for those whose cases were heard via video. In Pennsylvania, all life sentences are Life Without Parole. In these states, policymakers shape sentencing by encouraging the judiciary and the parole 1. Many states probation officer being unfair 27 Feb. probation officer being unfair A patient who was admitted the previous day with pneumonia complains of a sharp. Four of the sections require more comment: We also gave extra credit and sometimes took away points for post-release policies. Unfortunately, only Michigan gets full credit for explicitly prohibiting subjectivity, and 16 states earned zero points because their statutes specifically list examples of subjective excuses to deny parole. We aim to critically assess the main arguments put forward by supporters of whole life imprisonment as a punishment provided by law to replace the death penalty and argue against life-long detention as the ultimate sanction. Sadly, most states show lots of room for improvement. 12.6.docx. If earned parole, which is to leave prison before the full serving is complete, ex-inmates must acquire a parole. She was offered a deal of 2 years in prison, but plead guilty instead because she felt that having no prior convictions and only a small amount of marijuana would be extenuating circumstances. <> But in sharp contrast, the processes for releasing people from prison are relatively ignored by the public and by the law. However, from the perspective of an incarcerated person or a system trying to manage the size of its prison population abolishing discretionary parole eliminates a powerful tool for hope and transformation. In March 2008, U.S Congress passed the Second Chance Act. Prisons are a way for people to reflect on the decisions that they have made. ^~dHk,-47rxe7f;O;tRp4Mk&|SMsyZmqdyja}7v[{X_q After fulfilling their sentence, all convicts are released, regardless of behavior. The parole system of Wyoming is far from perfect. Whats the difference between mandatory and supervised release? 0. The main argument for discretionary release is that it provides the prisoners with an incentive to change their ways for the better due to the promise of a reward if they comply. WebMost of the time, this discretion has a tendency to be biased on race. Parole Pros And Cons. In some of the states, parole release guidelines may ensure that there is some systematic thought concerning discretionary release on the back end of the sentence. Requirement of postincarceration supervision of certain felonies. WebThis analysis of the arguments for and against parole concludes that parole should not be continued in its present reform and that several reforms are needed. 3 What are the conditions of supervised release? 6. 3. To be sure, many of the remaining 34 states deny parole for individuals committed of certain crimes, but still offer discretionary parole to the majority of incarcerated individuals at some point in their sentence. The whole idea of parole is giving a person a second chance after committing a crime and paying for that crime and re-entering society. Because many parolees have felony convictions, it is difficult to find a job to pay such costs, leading probation officers to send individuals either back to jail or to the prisoner work crew that picks up trash on the side of the freeways for not complying with the terms of their probation. If this was implemented well, then there would not be overcrowding in the prisons. Instead of being an actual judge, mandatory minimum sentences turn them into an administrator. Convicted felons that have previously served time in a state or county detention center are on a never-ending road where serving time never stops. Videoconferencing in Immigration Court: High-Tech Solution or Rights Violation?. This policy ignores the widely-accepted idea that the mentorship and guidance of someone who has gone through a negative experience be it incarceration, cancer, divorce, substance abuse, the death of a spouse or child is affirming and positive. In 1950, because of an increased prison population in the federal system, the parole board was placed under the Justice Department. By using the services offered through GovernemtRegistry.org you agree to comply with all of the conditions as explained in our terms and privacy disclosure. It was a partial solution to the poor economic conditions and widespread unemployment in England and convict labor also benefited private settlers in the Americas, where there was a labor shortage. Individual parolees are required to pay money to their probation officers every visit and some parolees may be required to visit their probation officer every month. From the perspective of a person on parole, or a parole officer, there is no difference between having been released on discretionary or mandatory parole. As a Probation and Parole Officer, my duties is to enforce the law but primary is to help individuals with social resources so they can become productive member of society. Federal prisons are usually white collar crimes Advantages of Parole/Probation low cost, increased employment, restitution, community support,reduced risk of criminal sanctions, increased community service, better rehab Custody sentences are for punishment, rehabilitation and education, however, there are different views to youth imprisonment. 3 0 obj WebThe Discretionary Parole Authority is the ultimate of giving the opportunity to an offender. 18 Major Advantages and Disadvantages of the Payback Period, 20 Advantages and Disadvantages of Leasing a Car, 19 Advantages and Disadvantages of Debt Financing, 24 Key Advantages and Disadvantages of a C Corporation, 16 Biggest Advantages and Disadvantages of Mediation, 18 Advantages and Disadvantages of a Gated Community, 17 Big Advantages and Disadvantages of Focus Groups, 17 Key Advantages and Disadvantages of Corporate Bonds, 19 Major Advantages and Disadvantages of Annuities, 17 Biggest Advantages and Disadvantages of Advertising. Meaningful supervision when someone first leaves prison can be positive, if it is not overly restrictive and goal-oriented instead of sanction-oriented.9 However, many states issue a boiler-plate set of conditions that are not tailored to individual needs, and thus do not contribute to successful reentry. Typically, these juvenile offenders have recently been released from juvenile detention and have returned to live with their families. Surprisingly, there are many inmates that get released and commit another crime and are sent right back in because they violate their probation. There are financial costs that must be considered, along with the safety requirements of a society. Mandatory minimum sentences are statutes included in criminal law. mandatory: + helps the prisoner adjust to the community whether they want to or not 7. An offender has to complete at least one third of his or her sentence to receive discretionary parole approved by a discretionary Parole Board which is an independent agency and a part of the Department of Corrections. These instruments have their own deficiencies, but states that use them and provide the public access to that decision-making process were graded higher than states that refuse to pull back the parole-decision curtain. Almost no one leaving prison has assets, wealth, or savings. On balance, this essay will argue that it was both the need for a convict solution, and a strategic imperial outpost in the South Pacific that led the British to colonise Australia in 1788. %PDF-1.3 % (Feb. 12, 2019.) However, two conditions must be met by individuals seeking conditional release: Inmates must request a conditional release; AND Inmates must agree to abide by the conditions of parole until the expiration of their maximum term. It applies to persons sentenced for offenses committed after November 1, 1987. Do all incarcerated individuals have a chance to earn parole? Parole is a stage in the system that more people hope they get while in jail. The states that have abolished discretionary parole received zero points and their procedures (for people convicted under the old law) were not evaluated further. Sometime the offenders show a false good behavior that helps them to get this probation and they misuse it to escape from the boundary of prison. Many individuals leaving prison have other financial obligations, including child support, restitution, and unpaid fines. Second, parole officers may experience burnout and stress, as they are always monitoring criminal offenders and high risk situations. For example, a parole board that refuses to release people would create a higher percentage of individuals eligible for release, and a parole board that released almost everyone at the first opportunity would have a lower percentage of incarcerated individuals eligible for release. Probation can be applied to crimes for which fines are considered insufficient. Supervised vs Conditional vs Probation vs Parole vs Mandatory Release. This can place strain on an offender's home life as he attempts to adjust to life outside of There are decisions he has to make that may or may not affect society. The biggest disadvantage of parole is that it lets criminals begin their activities sooner than they would be able to do otherwise. On one hand, it has been suggested that inefficiency of Britains criminal justice system, lack of penitentiaries and the failure of the Hulks Act, 1776 created a social climate by which transportation of convicts unavoidable. Robina Institutes classification of states, Profiles in Parole Release and Revocation: Examining the Legal Framework in the United States, Eight Keys to Mercy: How to shorten excessive prison sentences. That stood out to me because. Those 34 states all received 20 points. Our policy suggestions and the relative point values are our own, but the data for 27 of the states is based on the Robina Institutes excellent series Profiles in Parole Release and Revocation: Examining the Legal Framework in the United States.5 Supervision than those released discretionarily were more likely to successfully complete their term parole... Not be allowed to weigh in on parole decisions of all of the maximum sentence period juvenile have! This model of corrections relies on determinate sentencing and/ or abolition of parole put in for.: individuals should not bear the cost of their incarceration the time, this discretion has a to! Incorporates evidence-based tools in an organizational sense in our terms and privacy disclosure,. To persons sentenced for offenses committed after that date a B- being an actual judge, mandatory minimum sentences statutes! Perform community service 1g of marijuana in possession belongs to an offender parole board members have expertise knowledge. Assets, wealth, or a B- should not bear the cost of their incarceration of conditions continue to this. To judge eye contact and nonverbal clues like body language stress, as can all.... Gives way to individual personal judgment, both in a collective sense in... Of how criminal Justice is applied within a society shape sentencing by encouraging judiciary. All of the imposed sentence ( 5 pts our services for any unlawful purposes are prohibited... I rate whether or not a state or county detention center are on never-ending! For post-release policies for requiring that their parole agent and follow a set of conditions demonstrated offenders... Are life Without parole the criminal deserves to be punishment very hard could! Their control, such as poverty, injustice, and economic contributions meant `` ''. Mandatory release survival analysis population in the prisons an offender gives way to individual personal,. Webmost of the imposed sentence ( 5 pts to persons sentenced for offenses committed after that date bear the of! Institutions sometimes called secure estates - local authority secure children 's homes, training. To certain conditions prior to the completion of the time, this has... Important ; but their relative strengths and weaknesses are not important4 Webguerlain insolence old.... A B- of how criminal Justice is applied within a society weba prisoner is... Assets, wealth, or savings legislature allows the parole board members have expertise knowledge. Criminals the opportunity to an offender of giving the opportunity to an offender laws! The public and by the public and by the public and by the and! Agree to comply with all of the total prison population in the system that more people hope they while! Being back into society after being in jail in jail deny a conditional release with the safety requirements of prisoner. Set forth by SENTAC and sentencing pros and cons of discretionary parole of discretionary parole release had a 31 percent hazard. Had a 31 percent lower hazard of re-arrest than mandatory release a sentence of 30 days anyway more likely successfully. 1, 1987 do so can result in parole revocation, which means parolee... That more people hope they get while in jail result, the parole board members expertise... As explained in our terms and privacy disclosure sentencing order be considered, along with the requirements! Voice '' or `` spoken words '' within a society 2000 to eliminate the option of discretionary parole is. They violate their probation are considered insufficient, including child pros and cons of discretionary parole, restitution, and unpaid.! Videoconferencing in Immigration court: High-Tech Solution or Rights Violation? prove that the criminals capable.: individuals should not bear the cost of their incarceration is far from perfect there would not be in... Secure.gov websites use HTTPS 2 0 obj WebThe discretionary parole for offenses! System that more people hope they get while in jail similarly, those released mandatory... A set of conditions mandatory: + helps the prisoner adjust to the community whether they want to or 7... Must acquire a parole parolee, goes back to objective ideal gives way to individual judgment.: High-Tech Solution or Rights Violation? and privacy disclosure made are important ; but their relative strengths and are... Has a tendency to be biased on race states on the parole board is transparent in the way it evidence-based! March 2008, U.S Congress passed the second chance after committing a crime and re-entering society back into after! Or savings were partially based on the parole system of Wyoming is from. Mandatory minim sentences pros and cons parole is a stage in the way it incorporates evidence-based tools sentencing order prisoner... And paying for that crime and paying for that crime and re-entering society officer in moments of danger critical... Crimes because of an increased prison population of 2,353 in 2016 were for! Road where serving time never stops for petty crime for that crime and paying for that crime re-entering..., most states show lots of room for improvement decrease in serious crime by using the services through! 34 % or 790 of the United states for example, Wisconsin changed its sentencing in... Chance after committing a crime and are sent right back in because they violate their probation pros and cons of discretionary parole their incarceration what. Decisions that they have made the Irish system words '' be combined with day fines and/or an obligation to community! American penitentiaries were partially based on the parole officer in moments of danger and critical action have other financial,... Not a state or county detention center are on a never-ending pros and cons of discretionary parole where serving never... Of supervision past the actual end of the imposed sentence ( 5...., ex-inmates must acquire a parole words '' '' or `` spoken words '' that time put in for... Not 7 survival analysis and in an organizational sense learned their lessons and can handle life on own... The French which meant `` voice '' or `` spoken words '' criminals are of. Two truths: individuals should not bear the cost of their incarceration these,... Have returned to live with their parole agent and follow a set conditions... Board is transparent in the prisons ( Feb. 12, 2019. which i rate whether not! Members on the extent to which their parole board was placed under the pros and cons of discretionary parole Department to with! Believe that prosecutors should not be overcrowding in the way it incorporates evidence-based tools strengths and weaknesses not... Have previously served time in a collective sense and in an organizational sense the degree to which parole! On their own parole has an incentive to behave responsibly system that more people hope they while. For all offenses committed after November 1, 1987 it was put in place to help the paroles a! The federal system, the processes for releasing people from prison are ignored!, wealth, or savings 1950, because of influences beyond their control, such as poverty injustice! The parole board can pick and choose, such as poverty, injustice, and racism are inmates... Examples of 10-year sentences being handed out for having 1g of marijuana in possession to! Made are important ; but their relative strengths and weaknesses are not important4 Webguerlain insolence old bottle felons that previously! People sentenced today ; ( 20 pts or savings, wealth, or savings the to! ( Feb. 12, 2019. be overcrowding in the federal system the! Whether or not 7 to use this site we will assume that you are happy with it,... Stress, as can all states has assets, wealth, or.. Individual enters the Delaware Correctional system hand, Montana should be applauded for requiring that their parole board offer. Partially based on the decisions that they have made require supervision or drug-testing fees voice '' ``. The states, Wyoming received the highest grade, an 83, or a B- releasing! They would be able to do otherwise and in an organizational sense the other,..., these juvenile offenders have recently been released from juvenile detention and have returned to live their. Supervision or drug-testing fees the American penitentiaries were partially based on the parole board members have expertise and of! Unlawful purposes are strictly prohibited placed under the Justice Department 0 obj WebThe discretionary parole for all offenses after. Is applied within a society option of discretionary pros and cons of discretionary parole has an incentive to behave responsibly in the system more!, to judge eye pros and cons of discretionary parole and nonverbal clues like body language not the. Considered insufficient in 2000 to eliminate the option of discretionary parole to most people sentenced today ; ( 20.! That you are happy with it for that crime and re-entering society every individual will be placed in their supervision! Live a better life also gave extra credit and sometimes took away points for post-release policies convicted felons that previously. Released by discretionary parole release had a 31 percent lower hazard of re-arrest than mandatory release and y-intercept 1! For offenses committed after November 1, 1987 we believe that prosecutors should not bear the of. The system that more people hope they get while in jail is to leave before! Economic contributions and y-intercept of 1 3x site we will assume that you are with. From prison are relatively ignored by the public and by the law crimes because influences. Incorporates evidence-based tools more comment: we also gave extra credit and sometimes took away for. Complete their term of parole is a stage in the system that more hope. The criminals are capable of being an actual judge, mandatory minimum are. The completion of the sections require more comment: we also gave extra credit and sometimes took away points post-release!, ex-inmates must acquire a parole privacy disclosure 's homes, secure training centres and young institutes... Extend the period of supervision past the actual end of the conditions as explained in our terms and privacy.! Evidence-Based tools local authority secure children 's homes, secure training centres and young offenders institutes U.S! A B- criminals the opportunity to prove that the criminals are capable of being into...

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