Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. The Parole
Board makes its decisions based upon a structured, informed and evidence based
process using formal parole guidelines. In the consideration of release of an
inmate on parole, the Panel will consider positive and negative factors in all
the aforesaid areas and not confine its inquiry to particular areas to the
exclusion of others. In considering whether parole should or should not be
granted to any inmate, the Panel shall consider the following factors:
6.1.a. Evidence based factors such as offense
severity, risk assessment, program participation/completion and misconduct
history. The Parole Guidelines scoring will inform the Panel in the exercise of
its discretion;
6.1.b. Whether the
inmate has satisfactorily participated in institutional education, work,
therapeutic or treatment programs, and has complied with the recommendations of
the IRPP;
6.1.c. Whether the inmate
has previously been on home confinement, parole, probation, community
corrections, or other supervision, and if so, how the inmate behaved thereon
and the circumstances of any violations;
6.1.d. The sentiment expressed by members of
the community, victims of the crime(s) committed by the inmate, and criminal
justice officials, if any such sentiment be available;
6.1.e. The facts and circumstances of the
crime;
6.1.f. The demeanor of the
inmate during the interview and the attitudes expressed with regard to prior
criminal behavior, to social morals and law;
6.1.g. The inmate's prior criminal record, if
any;
6.1.h. The results of any
available physical, mental or psychological/psychiatric examinations.
Psychological exams must be conducted for sexual offenders. Other inmates'
crimes may dictate a psychological exam be conducted if directed by the
Division through their psychological assessment and screening;
6.1.i. Whether the inmate has been convicted
of a new crime while incarcerated, or has been found guilty of violating any
Class I or Class II institutional disciplinary rules; and
6.1.j. Any other factor which may tend to
indicate whether or not the inmate constitutes a reasonable risk to safety or
property if released on parole.
6.2. The Panel will consider positive and
negative factors in all the aforesaid areas and not confine its inquiry to
particular areas to the exclusions of others. The Panel shall assess all
factors together to determine whether:
6.2.a.
The inmate can and will conduct himself or herself in a lawful manner if
released; and
6.2.b. Whether
release is in the best interests of society considering public safety and
rehabilitation goals.
6.3. In the consideration of release of an
inmate on accelerated parole, the Panel must consider all the aforementioned
factors, verify eligibility requirements and program completion. If denying
accelerated parole the Panel must give written rebuttable reasons to justify
the denial.
6.4. Special parole
considerations for persons convicted as juveniles.
6.4.a. When a person who is serving a
sentence imposed as the result of an offense or offenses committed when he or
she was less than eighteen years of age becomes eligible for parole pursuant to
applicable provisions of this code, including, but not limited to, section
twenty-three, article eleven, chapter sixty-one thereof, the parole board shall
ensure that the procedures governing its consideration of the person's
application for parole ensure that he or she is provided a meaningful
opportunity to obtain release and shall adopt rules and guidelines to do so
that are consistent with existing case law.
6.4.b. During a parole hearing involving a
person described in subsection (a) of this section, in addition to other
factors required by law to be considered by the parole board, the parole board
shall take into consideration the diminished culpability of juveniles as
compared to that of adults, the hallmark features of youth, and any subsequent
growth and increased maturity of the prisoner during incarceration. The board
shall also consider the following:
6.4.b.1. A
review of educational and court documents;
6.4.b.2. Participation in available
rehabilitative and educational programs while in prison;
6.4.b.3. Age at the time of the
offense;
6.4.b.4. Immaturity at the
time of the offense;
6.4.b.5. Home
and community environment at the time of the offense;
6.4.b.6. Efforts made toward
rehabilitation;
6.4.b.7. Evidence
of remorse; and
6.4.b.8. Any other
factors or circumstances the board considers relevant.
