42.0114 Grant of parole-Factors in decision-making.

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(a) The grant of parole rests in the discretion of the board. In general it is granted when, in the judgment of the board, a prisoner who has made a satisfactory adjustment and is otherwise eligible will avoid further violation of law and when the factors which will affect him and his dependents upon release assure adequate public security. These factors vary in every case. The board evaluates each case on its merits and may grant or deny parole or continue the case for further hearing.

(b) The board may consider the following factors and others deemed relevant, at its discretion, in its decisions on parole applications:

(1) Sentence:

(A) Type of sentence;

(B) Length of sentence; and

(C) Recommendation of judge, general, and other responsible officials;

(2) Facts and circumstances of the offense:

(A) Mitigating and aggravating factors; and

(B) Activities following arrest and prior to confinement, including adjustment on bond or probation, if any;

(3) Prior criminal record:

(A) Nature and pattern of offenses;

(B) Adjustment of previous probation, parole, and confinement; and

(C) Warrants for parole violations;

(4) Changes in motivation and behavior:

(A) Changes in attitude toward self and others;

(B) Reasons underlying changes; and

(C) Personal goals and description of personal strength of resources available to maintain motivation for law-abiding behavior;

(5) Personal and social:

(A) Family and marital;

(B) Intelligence and education;

(C) Employment and military experience;

(D) Leisure time;

(E) Religion; and

(F) Physical and emotional health;

(6) Institutional experience:

(A) Program goals and accomplishments in these areas: (I) Academic; (II) Vocational education, training, or work assignments; (III) Recreation and leisure time use ; (IV) Religion; and (V) Therapy; and

(B) General adjustment: (I) Interpersonal relationships with staff and inmates; and (II) Physical and emotional health, and treatment;

(7) Community resources, including release plans: (A) Residence: live alone, with family or others; (B) Employment, training, or academic education; and (C) Special needs and resources to meet them;

(8) Use of scientific data and tools:

(A) Psychological and psychiatric evaluations;

(B) Statistical data; and

(C) Standardized tests;

(9) Written or oral statements or recommendations by:

(A) Prisoner;

(B) Parole officer; and

(C) Any other person; and

(10) Comments by board members at parole hearing:

(A) Impressions formed by members at the hearing; and

(B) Impressions based on personal familiarity with prisoner or other relevant data.

History: Rule 6-75, eff 14 Jul 75, § 409.