46.2702 Eligibility-Board-Procedure.

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(a) A prisoner other than a juvenile delinquent or a committed youth offender, wherever confined, and serving a term or terms of over 6 months, who has served the minimum prison term under 46.2304 may apply to the board for parole. A prisoner whose application for parole is denied may reapply in 6 months from the date of the board’s denial.

(b) Upon receipt of an application for parole by an eligible prisoner, the board considers all pertinent information regarding the prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, the reports of any physical and mental examinations which have been made of him, and, if readily obtainable, the recommendations of the sentencing judge or justice.

(c) The board shall interview the prisoner requesting the parole and hear oral testimony from a person desiring to testify before the board concerning the application for parole of the prisoner.

History:1979, PL 16-43 § 2; amd 1981, PL 17-16 § 5.

Case Notes:

Employee of Attorney General may make recommendation to Parole Board for reduction of sentence. RCAS 4.0203. Fanene v. Government, 4 ASR 957 (1968).

Where prisoner had not served one-third of his sentence of imprisonment, parole board had no jurisdiction to entertain his application for parole, and parole board order was of no legal effect. A.S.C.A. §§ 46.2304, 46.2702. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Research Guide: 28 ASC 402.