Administrative rule 20.25.505

20.25.505 CRITERIA FOR RELEASE GRANT DECISIONS ON NONMEDICAL PAROLE

  1. A hearing panel may release an eligible offender on nonmedical parole only when, in its opinion:
    1. there is reasonable probability that the offender can be released without detriment to himself/herself or to the community;
    2. release is in the best interests of society;
    3. the offender is able and willing to fulfill the obligations of a law-abiding citizen; and
    4. the offender does not require continued correctional treatment, or mental health therapy, vocational or other programs available in the correctional facility that will substantially enhance the offender's capacity to lead a law-abiding life if released.
  2. In making its determination regarding release, the hearing panel shall consider all available and pertinent information regarding the offender, including following factors:
    1. the circumstances of the offense;
    2. the offender's social history and prior criminal record, including the nature and circumstances of the offense, date of offense, and frequency of previous offenses;
    3. the offender's conduct, employment, and attitude in prison, including particularly whether the offender has taken advantage of opportunities for treatment and whether the offender is clear of major disciplinary violations prior to the hearing;
    4. the reports of any physical, psychological, and mental evaluations that have been made;
    5. the offender's maturity, stability, sense of responsibility, and development of traits and behaviors that increase the likelihood the offender will conform the offender's behavior to the requirements of law;
    6. the adequacy of the offender's release plan;
    7. the offender's ability and readiness to assume obligations and undertake responsibilities;
    8. the offender's education and training;
    9. the offender's family status and whether the offender has relatives who display an interest or whether the offender has other close and constructive associations in the community;
    10. the offender's employment history and occupational skills and the stability of the offender's past employment;
    11. the type of residence, neighborhood, or community in which the offender plans to live;
    12. the offender's past use of chemicals, including alcohol, and past habitual or abusive use of chemicals;
    13. the offender's mental and physical makeup;
    14. the offender's attitude toward law and authority;
    15. the offender's behavior and attitude during any previous experience of supervision and the recency of the supervision;
    16. written or oral statements from criminal justice authorities or any other interested person or the interested person's legal representative, including written or oral statements from a victim;
    17. whether parole at this time would diminish the seriousness of the offense; and
    18. any and all other factors which the hearing panel determines to be relevant.  (History: 46-23-218, MCA; IMP, 46-23-218, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99; AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12; AMD, 2016 MAR p. 139, Eff. 1/23/16)