Appendix Table 3: Release standards and guidelines for discretionary parole systems, 2025

  

In this table, we've pulled out the most relevant language regarding what parole boards in states with discretionary parole are allowed to, or required to, consider in their evaluation of a parole applicant. They include both general factors related to the parole applicant, and tangible materials the board can consult to contemplate those factors. In the columns on the right, we've categorized some of the most common criteria found in these parole guidelines. The links provided under "Statute or regulation" lead to a table where we've provided all statutes and regulations we found that explain a parole system's decisionmaking guidelines.

Please note that these columns do not constitute an exhaustive list of each state's parole criteria, and the statutory and regulatory text we've curated may not be exhaustive, either. Be sure to search through the original documents for more information and context.

State Statute or regulation Risk of reoffense, risk to community, or "will not violate any laws" Nature or severity of underlying offense (crime of conviction) Release would/would not diminish the seriousness of the crime Criminal history, including incarceration, supervision, and arrests Conduct, behavior, disciplinary history, accomplishments, or participation in programs, education, and/or work inside prison Having a parole or reentry plan Actuarial risk assessment Victim input Prosecutor or other CLS actor (judge, supervision officers, correctional staff) input Results of physical, mental, or psychological examinations Age Any other information the board deems relevant Other notable criteria listed in statute (not direct quotes)
Alabama §15-22-26 X X X X X X
Alaska §33-16-100 and 110 X X X X X X X X (4) recommendations made by the staff of the correctional facilities in which the prisoner was incarcerated; (6) physical, mental, and psychiatric examinations of the prisoner; (8) information concerning an unjustified disparity in the sentence imposed on a prisoner in relation to other sentences imposed under similar circumstances;
Arkansas §16-93-701 and 702 X X X X X X X X From policy manual: When the board member uses confidential information (that has not been provided to inmate) as a basis for a decision, the board member should advice the inmate that confidental information is being used as a basis for the decision.
California CA Parole Hearing Process Handbook, Section 3 X X X X X X X X X Hearing panels may not deny parole solely based on the severity of the crime of conviction, unless "the person's dangerousness at the time of their crime" is still present A hearing panel is required to give "great weight" to “youth offender factors” if the applicant committed their “controlling offense” before the age of 26. These factors include: diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the person. A hearing panel is required to give great weight to any information or evidence that, at the time of the commission of the crime, the incarcerated person had experienced intimate partner violence if the crime occurred before August 29, 1996
Colorado §17-22.5-404 X X X X X X
Connecticut §54-125a X X X X Whether the person has also applied for or received a sentence modification
Georgia §42-9-40 and Risk Calculator X X X X X If male, risk calculator asks if applicant is validated as a gang member; if female, risk calculator asks about prior felony arrest for a drug offense.
Hawaii 23-700-33 X X X
Idaho §20-1005 X X X X X X X Compliance with any order of restitution that may have been entered according to section 19-5304, Idaho Code
Iowa §906.4 and §906.5 X X X X X
Kentucky §439.340 X X X X X
Louisiana RS 15:574.4 X X X X For certain crimes of conviction, such as for juvenile lifers, the board takes other clinical information into account
Maryland §7-305 X X X X X X
Massachusetts Title XVIII, Chapter 127, §130 and 120 CMR 300 X X X X X X X X X
Michigan § 791.233, 233e, and 235 X X X X X X X X X The board may consider marital history (but may not base a denial solely on it); whether the applicant "fully cooperated with this state by providing complete financial information as required under section 3a of the state correctional facility reimbursement act"; whether the applicant "refused to attempt to obtain identification documents under section 34c, if applicable"
Mississippi § 47-7-17 through 47-7-19 X X X X X X X
Missouri §217.690 and Rules and Regulations "Blue Book" X X X X X X X X
Montana §46-23-208 X X X X X X X X X X The applicant's family status; relatives who display an interest; other close and constructive associations in the community; the applicant's attitude toward law and authority
Nebraska §83-1,113 through 83-1,115 X X X X X X X
Nevada NRS 213.10885 and 213.1099 X X X X X X X
New Hampshire N.H. Admin. Code § Par 301.03 and Adult Parole Board policies and practices document X X X X X X The applicant's attitude and conduct during the parole hearing; "C-3 and D-free": An applicant will not be granted or released to parole unless their classification is C3 or lower and he has been free of A-level disciplinaries for at least 90 days, B-level for 60 days, and C-level for 30 days or less.
New Jersey N.J.A.C. 10A:71-3.11 and 30:4-123.53 X X X X X X X X X
New York Exc. Chapter 18, Article 12-B, §259-I X X X X X X X Federal deportation order
North Dakota §12-59-05 X X X X
Oklahoma §57-332-7 and 57-332-8 X X X X The board must mandate/require certain educational attainment
Pennsylvania §6135, §6137, and §2154.5 X X X X X X The general character and background of the applicant; when the best interests of the applicant require that they be paroled
Rhode Island §13-8-14 and Parole Board Guidelines document X X X X X X X X For crimes committed as a juvenile, the board considers age at time of offense
South Carolina §24-21-640 and Parole Board Manual Part IIC X X X X X X X X X
South Dakota §24-13-7 and DOC 1400-02 X X X X X X X X The effect of release on "the administration of justice"
Tennessee Rules of the Tenn. Board of Parole, 1100-01-01-.07. and § 40-35-503(b) X X X X X X X X X X X
Texas Govt Code §508.144 and Texas Admin. Code, Title 37, Part 5 X X X X X
Utah §77-27-7, Administrative Rules R671, and the Board of Pardons and Parole website X X X X X X X
Vermont 28 VSA §502, 502a, and Parole Board Manual X X X X X X X X X X
West Virginia §62-12-13 and Parole Procedural Rules §92-1-6, 5.8 and §92-1-6 X X X X X X X X X
Wyoming §7-13-402 and Board of Parole Policy and Procedure Manual ch. 14 X X X X

Sources and methodology

Risk of reoffense, risk to community
Alternatively, "will not violate any laws," or release is "not incompatible with the welfare of society"
Nature or severity of underlying offense (crime of conviction)
Or, aggravating or mitigating factors from the criminal case
Having a parole or reentry plan
Or, the quality or status of such a plan
Victim input
Typically has to be a "certified" victim or next of kin
Age
Either advanced age or a young age (at the time of the crime of conviction)
Any other information the board deems relevant
Or similar catchall clause

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