(a) The board will,
in its discretion, use any relevant information it considers reliable in
arriving at a parole release decision. The board will determine the
credibility, relevancy, and the weight of the information it
considers.
(b) The board will
preserve a copy of all written material given to the board in arriving at a
parole release decision. The hearing will be electronically recorded under
22 AAC 20.335.
(c) When considering an application for
parole, the board will, in its discretion, consider any of the following
factors; the board will determine the priority and weight to be given each
factor when making a parole release decision:
(1) the applicant's readiness and willingness
to face obligations in the community and to undertake normal
responsibilities;
(2) the current
circumstances of the applicant's family, how the family views the applicant,
its interest and readiness to accept the applicant back as part of the family,
and its supportiveness of the applicant's release;
(3) the circumstances regarding the proposed
residence, including the home, neighborhood, and community in which the
applicant will reside;
(4) the
applicant's employment history and vocational and academic skills in
determining the applicant's employability;
(5) the availability of family and other
community resources to assist the applicant if released on parole;
(6) other factors regarding the applicant's
parole plan;
(7) the institutional
conduct of the applicant such as behavioral adjustment, involvement in
institutional programs, benefits of treatment, relationship to the staff, and
how these might relate to the applicant's adjustment in the
community;
(8) information about
the applicant's use or abuse of any drugs or of alcoholic beverages, the extent
of the use or abuse, and relationship to the applicant's behavior, criminal
behavior, and current offense;
(9)
previous involvement in any treatment programs and the applicant's subsequent
behavior after exposure to such treatment;
(10) relevant information from the sentencing
judge, the prosecutor, the defense attorney, and the victim;
(11) previous probation or parole
experiences, behavior when out of custody on bail, bond or own recognizance
release, pretrial diversion, deferred prosecutions, furlough, and the recency
of these experiences;
(12) the
applicant's willingness to discuss information the board considers relevant,
the applicant's willingness to accept responsibility for his or her criminal
activity, remorse expressed, and the applicant's truthfulness with the
board;
(13) noticeable changes in
the applicant, the applicant's behavior, self concept, attitude toward the
offense, perceived thinking errors, understanding of causal factors, and
understanding of the need for change;
(14) information regarding the applicant's
lifestyle, productivity, and previous assaultive behavior or other antisocial
behavior in the community;
(15) the
physical and emotional condition of the applicant including reports from
medical personnel, mental health personnel, or treatment personnel;
(16) the applicant's attitudes, including
concern for other people;
(17)
letters, petitions, or other information from persons, groups, or agencies
recommending that the applicant be or not be paroled, and the basis for these
recommendations;
(18) the
applicant's perceived willingness and ability to abide by any standard or
supplemental conditions of parole;
(19) the relationship between the applicant's
crime, length of sentence, background, and the board's handling of
similarly-situated prisoners in the past;
(20) whether the applicant's release at this
time is compatible with the welfare of society and whether it would depreciate
the seriousness of the offense, considering the amount of time served by the
applicant and the applicant's background;
(21) any information the board considers
reliable regarding the facts of the crime;
(22) the board's perception of the
applicant's risk to the community if released on parole; and
(23) any other factors that the board
determines to be relevant in considering the prisoner's application.
(d) The board will provide the
following information to a parole applicant who is granted parole:
(1) a notice of board action, within 10 days
after the board's decision, advising the applicant of the earliest possible
release date;
(2) an informational
copy of the order of parole, listing the conditions of parole imposed, within
21 days after the board's decision; and
(3) a copy of the order of parole, containing
the conditions of parole and a parole expiration date, upon the prisoner's
release from imprisonment.
(e) The board will provide the following
information to a parole applicant not granted parole:
(1) a notice of board action, within 10 days
after the board's decision, advising the applicant of the board's
decision;
(2) a written notice,
informing the applicant in summary of the reasons why parole was not granted,
within 31 days after the board's decision.
(f) The deliberations of the board members in
arriving at the decision whether to grant or deny a request for discretionary
parole release are confidential and only the members and staff of the board may
be present. The vote of the individual board members and the "hearing decision
vote sheet" are confidential and may not be disclosed to any person.
(g) The board will, in its discretion, set
supplemental mandatory parole conditions on an applicant not granted parole, if
the applicant is subject to mandatory parole.
(h) The board is not responsible for the
costs of residence, sustenance, transportation, programming, treatment, medical
care, or education of a prisoner granted parole.
(i) The board will, in its discretion, use
information received up to the time the discretionary parole hearing is
completed.
