This table accompanies a more comprehensive table, found here, which provides an overview of how state parole boards approach discretionary parole decisionmaking. For more information and context, see our two-part series on discretionary parole systems.
| State | Select text of statute(s) or administrative code covering parole release standard and decision criteria |
|---|---|
| Alabama |
§15-22-26. No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner's fitness for parole and to ensure public safety. The guidelines shall serve as an aid in the parole process and shall promote the use of prison space for the most violent and greatest risk offenders, while recognizing that the board's paramount duty is to protect public safety. The guidelines shall be structured, actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to, the following:
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| Alaska |
§33-16-100. Board may release if, taking into consideration the prisoner's likelihood of recidivism given the prisoner's age, criminal history, behavior in prison, participation in treatment, and plans for reentering the community, a reasonable probability exists that: (1) the person will live and remain at liberty without violating any laws or conditions; (2) rehabilitation and integration into society are furthered by parole; (3) prisoner will not pose a threat of harm to the public; (4) release would not diminish the seriousness of the crime S33-16-110.
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| Arkansas |
§16-93-701. The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that the inmate can be released without detriment to the community or himself or herself and is able and willing to fulfill the obligations of a law-abiding citizen. (b)(1) The parole shall be ordered only for the best interest of society and shall not be considered as a reduction of sentence or pardon.
§16-93-702. (a) Before the Post-Prison Transfer Board shall grant any parole, the board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (b) If the person whose parole is being considered by the board was convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or any violent or sexual offense, the board shall ...solicit written or oral recommendations of the victim or the victim's next of kin regarding the granting of the parole, unless the...the victim or the victim's next of kin does not want to be notified of future parole hearings. Other release criteria listed in several sections of Post-Prison Transfer Board policy manual, located in the Code of Arkansas Rules, 16 CAR § 20. |
| California |
A hearing panel must grant parole at a parole hearing, unless it determines the incarcerated person currently poses an unreasonable risk of danger to society if released from prison.
...Hearing panels use a Structured Decision-Making Framework (SDMF) to analyze a person's risk factors and determine whether they can live in society without committing more crimes. Hearing panels generally focus on how the incarcerated person has changed since coming to prison. ...Hearing panels use the [risk assessment] and all other relevant, reliable information to determine if factors present within each of the seven SDMF domains increase, decrease, or have no impact on the person's overall risk of committing a new crime, if released. The seven SDMF risk areas or "domains" are: (1) criminal history, (2) self-control, (3) programming, (4) institutional behavior, (5) personal change, (6) release plan, and (7) case-specific factors. ...After rating each of the seven domains, panel members consider four additional categories of factors, as required by law. The additional factors are: (1) information from victims and prosecutors, (2) youth offender factors, (3) elderly parole factors, and (4) any evidence of intimate partner violence. Hearing panels rate information by prosecutors and victims. With the other three factors, the panel considers the factors that are present and gives weight to those factors as required by law. |
| Colorado |
§17-22.5-404. (a) The risk of reoffense shall be the central consideration by the state board of parole in making decisions related to the timing and conditions of release on parole or revocation of parole. (4)(a) In considering offenders for parole, the state board of parole shall consider the totality of the circumstances, which include, but need not be limited to, the following factors:
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| Connecticut |
§ 54-125a. A panel of the board shall assess the suitability for parole release of such person based on the following standards:
(C) such person has demonstrated substantial rehabilitation since the date such crime or crimes were committed considering such person's character, background and history, as demonstrated by factors, including, but not limited to, such person's correctional record, the age and circumstances of such person as of the date of the commission of the crime or crimes, whether such person has demonstrated remorse and increased maturity since the date of the commission of the crime or crimes, such person's contributions to the welfare of other persons through service, such person's efforts to overcome substance abuse, addiction, trauma, lack of education or obstacles that such person may have faced as a child or youth in the adult correctional system, the opportunities for rehabilitation in the adult correctional system, whether the person has also applied for or received a sentence modification and the overall degree of such person's rehabilitation considering the nature and circumstances of the crime or crimes. |
| Georgia |
§42-9-40. (a) The board shall adopt, implement, and maintain a parole guidelines system for determining parole action. The guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole consideration. The system shall be consistent with the board's primary goal of protecting society and shall take into consideration the severity of the current offense, the inmate's prior criminal history, the inmate's conduct, and the social factors which the board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.
Georgia Pardons and Paroles Risk Calculator: release criteria are different for male and female parole applicants. |
| Hawaii |
23-700-33. Parole may be denied to an inmate when the Authority finds:
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| Idaho |
§20-1005. (5) Before considering the parole of any prisoner, the commission shall ensure that a risk assessment has been conducted pursuant to section 20-224, Idaho Code, and shall afford the prisoner the opportunity to be interviewed by the commission, a commissioner, or other commission staff designated by the executive director. A designated report and risk assessment, prepared by commission staff or a designated department of correction employee, that is specifically to be used by the commission in making a parole determination shall be exempt from public disclosure; such reports contain information from the presentence investigation report, medical or psychological information, the results of a risk assessment, victim information, designated confidential witness information, and criminal history information.
(6) In making any parole or commutation decision with respect to a prisoner, the commission shall consider the current risk assessment, criminal history, program participation, compliance and completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future, as well as the compliance of the prisoner with any order of restitution that may have been entered according to section 19-5304, Idaho Code. The commission may make compliance with such an order of restitution a condition of parole. |
| Iowa |
§906.4. 1. A parole or work release shall be ordered only for the best interest of society and the
offender, not as an award of clemency. The board shall release on parole or work release any
person whom it has the power to so release, when in its opinion there is reasonable probability
that the person can be released without detriment to the community or to the person. A
person's release is not a detriment to the community or the person if the person is able and
willing to fulfill the obligations of a law-abiding citizen, in the board's determination.
§906.5: 3. At the time of a review conducted under this section, the board shall consider all pertinent information regarding the person, including the circumstances of the person's offense, any presentence report which is available, the previous social history and criminal record of the person, the person's conduct, work, and attitude in prison, and the reports of physical and mental examinations that have been made |
| Kentucky |
§439.340. (1) ...The information shall include the results of his or her most recent risk and needs assessment, his or her criminal record, his or her conduct, employment, and the reports of physical and mental examinations that have been made. The Department of Corrections shall furnish the circumstances of his or her offense, the results of his or her most recent risk and needs assessment, and his or her previous social history to the board...(2) Before granting the parole of any prisoner, the board shall consider the pertinent information regarding the prisoner, including the results of his or her most recent risk and needs assessment, and shall have him or her appear, before it for interview and hearing.
(6) Persons [victims and next of kin] receiving notice as provided for in subsection (5) of this section may submit comments, in person or in writing, to the board upon all issues relating to the parole of the prisoner. |
| Louisiana | RS 15:574.4. At such intervals as it determines, the committee or a member thereof shall consider all pertinent information with respect to each prisoner eligible for parole, including the nature and circumstances of the prisoner's offense, his prison records, the presentence investigation report, any recommendations of the chief probation and parole officer, and any information and reports of data supplied by the staff. |
| Maryland |
§7-305. Each hearing examiner and commissioner determining whether an incarcerated individual is suitable for parole, and the Commission before entering into a predetermined parole release agreement, shall consider:
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| Massachusetts |
Title XVIII, Chapter 127, S130. In making this determination, the parole board shall consider whether, during the period of incarceration, the prisoner has participated in available work opportunities and education or treatment programs and demonstrated good behavior. The board shall also consider whether risk reduction programs, made available through collaboration with criminal justice agencies would minimize the probability of the prisoner re-offending once released.
120 CMR 300. (1) In making a parole or re-parole determination, the parole hearing panel shall consider a risk and needs assessment, whether the inmate has participated in available work opportunities and education or treatment programs, and has demonstrated good behavior. M.G.L. c. 127, § 130. The Parole Board may also consider, if available and relevant, information such as:
(3) Prior to making any release decision, the Parole Board may schedule a mental health evaluation for an inmate and Parole Board members may consider the results thereof in making a parole release decision. |
| Michigan |
§ 791.233. (1) The grant of a parole is subject to all of the following conditions:
(1) The department shall develop parole guidelines that are consistent with section 33(1)(a) to govern the exercise of the parole board's discretion under sections 34 and 35 as to the release of prisoners on parole under this act. The purpose of the parole guidelines is to assist the parole board in making objective, evidence-based release decisions that enhance the public safety. (2) In developing the parole guidelines, the department shall consider factors including, but not limited to, the following:
§ 791.235. (3) The parole board may consider but shall not base a determination to deny parole solely on either of the following:
(7)...the appropriate institutional staff shall prepare a parole eligibility report. The parole eligibility report is considered pertinent information for purposes of subsection (5). The report must include all of the following:
(9) Psychological evaluations performed at the request of the parole board to assist it in reaching a decision on the release of a prisoner may be performed by the same person who provided the prisoner with therapeutic treatment, unless a different person is requested by the prisoner or parole board. |
| Mississippi |
47-7-17. (1) Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. (2) ...The victim or designated family member shall be provided an opportunity to be heard by the board before the board makes a decision regarding release on parole. The board shall consider whether any restitution ordered has been paid in full. Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon. An offender shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. 47-7-18. (6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. 47-7-19. It shall be the duty of all correctional system officials...to furnish to the board such reports as the board shall require concerning the conduct and character of any offender in the department of corrections custody and any other facts deemed by the board pertinent in determining whether such offender shall be paroled. |
| Missouri |
§217.690. 2. Before ordering the parole of any offender, the parole board shall conduct a validated risk and needs assessment and evaluate the case under the rules governing parole that are promulgated by the parole board. 9. A victim who has requested an opportunity to be heard shall receive notice that the parole board is conducting an assessment of the offender's risk and readiness for release and that the victim's input will be particularly helpful when it pertains to safety concerns and specific protective measures that may be beneficial to the victim should the offender be granted release. 10. (5) The judge, prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration 15. Beginning January 1, 2001, the parole board shall not order a parole unless the offender has obtained a high school diploma or its equivalent, or unless the parole board is satisfied that the offender, while committed to the custody of the department, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that the director may waive this requirement... Rules and Regulations "Blue Book." Purpose of Parole Hearings. Provide the hearing panel the opportunity to: 1) Review all available reports and case history material pertinent to the case.These may include social history; medical, psychological and psychiatric reports; circumstances of any prior criminal history including arrests, convictions and incarcerations; past and present patterns of behavior and confidential information. 2) Review reports regarding the offender's institutional adjustment and civility including participation in work, school and treatment programs, restorative justice activities, other cognitive restructuring programs and conduct violation history. To establish a uniform parole policy, promote consistent exercise of discretion and equitable decision-making, without removing individual case consideration, the Board has adopted guidelines for parole release consideration. Offenders having a hearing will be assessed using the ORAS (Ohio Risk Assessment System) and corresponding matrices. |
| Montana |
§46-23-208. (4) In making its determination regarding nonmedical parole release, a hearing panel shall consider all available and pertinent information regarding the prisoner, including the following factors:
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| Nebraska |
§83-1,113. The board shall be furnished such reports as it may require concerning the conduct and character of any committed offender and any other information deemed pertinent by the board in determining whether a committed offender should be paroled.
§83-1,114. (1) Whenever the board considers the release of a committed offender who is eligible for release on parole, it shall order his or her release unless it is of the opinion that his or her release should be deferred because:
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| Nevada |
NRS 213.10885. 2. In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:
4. The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime. 213.1099. 2. In determining whether to release a prisoner on parole, the Board shall consider:
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| New Hampshire |
N.H. Admin. Code § Par 301.03. In determining the reasonable probability of success on parole, the board shall consider the following criteria:
An inmate 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. This applies to parole to a consecutive sentence or to the community. In extraordinary circumstances, including but not limited to parole to a longer sentence at another correctional facility, the board may parole a C-4 inmate upon a determination that justice will be served and the public protected. |
| New Jersey |
N.J.A.C. 10A:71-3.11. (a) Parole decisions shall be based on the aggregate of all pertinent factors, including material supplied by the inmate and reports and material which may be submitted by any persons or agencies which have knowledge of the inmate. (b) The hearing officer, Board panel, or Board shall consider the following factors and, in addition, may consider any other factors deemed relevant:
The preincarceration records of the inmate contained in the report shall include any psychological reports prepared in connection with any court proceedings. (2) At the time of sentencing, the prosecutor shall notify any victim injured as a result of a crime of the first or second degree or the nearest relative of a murder victim of the opportunity to present a written or videotaped statement for the parole report to be considered at the parole hearing or to testify to the parole board concerning his harm at the time of the parole hearing. Each victim or relative shall be responsible for notifying the board of his intention to submit such a statement and to provide an appropriate mailing address. |
| New York |
Exc. Chapter 18, Article 12-B, S259-I (c) (A) Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined but after considering if there is a reasonable probability that, if such incarcerated individual is released, he or she will live and remain at liberty without violating the law, and that his or her release is not incompatible with the welfare of society and will not so deprecate the seriousness of his or her crime as to undermine respect for law. In making the parole release decision, the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article shall require that the following be considered:
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| North Dakota | §12-59-05. Every inmate's eligibility for parole must be reviewed in accordance with the rules adopted by the parole board. The board shall consider all pertinent information regarding each inmate, including the circumstances of the offense, the presentence report, the inmate's family, educational, and social history and criminal record, the inmate's conduct, employment, participation in education and treatment programs while in the custody of the department of corrections and rehabilitation, and the inmate's medical and psychological records. |
| Oklahoma |
§57-332-7J. The Pardon and Parole Board shall consider the prior criminal record of inmates under consideration for parole recommendation or granting of parole. L. It shall be the duty of the Pardon and Parole Board to cause an examination to be made at the penal institution where the person is assigned, and to make inquiry into the conduct and the record of the said person during his custody in the Department of Corrections, which shall be considered as a basis for consideration of said person for recommendation to the Governor for parole. However, the Pardon and Parole Board shall not be required to consider for parole any person who has completed the time period provided for in this subsection if the person has participated in a riot or in the taking of hostages, or has been placed on escape status, while in the custody of the Department of Corrections. §57-332-8. In every case, the Pardon and Parole Board shall first consider the number of previous felony convictions and the type of criminal violations leading to any such felony convictions, then shall consider either suitable employment or a suitable residence, and finally shall mandate participation in education programs to achieve the proficiency level established in Section 510.7 of this title or, at the discretion of the Board, require the attainment of a general education diploma as a condition for release on parole. The Board shall consider the availability of programs and the waiting period for such programs in setting conditions for parole release. |
| Pennsylvania |
§6135. (a) Duty to investigate.--The board, on the commitment to a correctional facility of any person whom the board is given the power to parole under this chapter, shall consider:
§6137. ...May release on parole any offender to whom the power to parole is granted to the board by this chapter, except an offender condemned to death or serving life imprisonment, whenever in its opinion:
§2154.5. (a) Adoption.--The commission shall adopt guidelines that shall be considered by the board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines shall do all of the following:
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| Rhode Island |
§13-8-14. (a) A permit shall not be issued to any prisoner under the authority of SS 13-8-9 -13-8-13 unless it shall appear to the parole board:
Parole Board Guidelines. B. Risk Assessment 3. The Rhode Island Parole Board has adopted an automated, validated risk assessment instrument as per R.I. Gen. Laws § 13-8-14.1(a). The risk assessment score is not presumptive to parole release or denial but is one factor considered by the Board. Aggravating Factors. In addition to an offender's risk assessment score, the Parole Board may consider any other factor that detracts from serious parole release consideration, including but not limited to
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| South Carolina |
§24-21-640. The board must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that the prisoner has shown a disposition to reform; that in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and that suitable employment has been secured for him.
Parole Board Manual. The Board's specific parole criteria are set out below:
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| South Dakota |
§24-13-7. Pursuant to chapter 1-26, the Board of Pardons and Paroles may promulgate procedural rules for the effective enforcement of chapters 24-13 to 24-15, inclusive, and for the exercise of powers and duties conferred upon it. Additionally, the Board of Pardons and Paroles may utilize the following standards in granting or denying paroles or in assisting inmates in an assessment of their rehabilitation needs:
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| Tennessee |
1100-01-01-.07. (1) Before granting or denying parole, the Board may apply the following factors to each eligible
inmate to assist in determining whether such inmate will live and remain at liberty without
violating the law or the conditions of his or her parole:
§ 40-35-503. (b) Release on parole is a privilege and not a right, and no inmate convicted shall be granted parole if the board finds that:
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| Texas |
Govt Code S508.144. (a) The board shall:
(2) The risk assessment instrument includes two sets of components, static and dynamic factors. (A) Static factors include:
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| Utah |
77-27-7. (1) (e) When determining the hearing date under Subsection (1)(a), the board shall consider:
--- Website: The Board considers the many factors related to the case when making a decision. Examples include:
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| Vermont |
502. (a) The Board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The Board shall consider all pertinent information regarding an inmate in order to determine the inmate's eligibility for parole. The Board may grant parole only after an inmate is interviewed in accordance with this section. The Parole Board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate.
502a. (b) An inmate who is not eligible for presumptive parole pursuant to section 501a of this title shall be released on parole by the written order of the Parole Board if the Board determines:
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| West Virginia |
§62-12-13. (3) Has prepared and submitted to the Parole Board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment which has been approved by the Division of Corrections and Rehabilitation: Provided, That an inmate's application for parole may be considered by the board without the prior submission of a home plan, but the inmate shall have a home plan approved by the division prior to his or her release on parole...Upon receipt of the plan, together with the investigation and findings, the board, through a panel, shall make a final decision regarding the granting or denial of parole;
(4) Has satisfied the board that if released on parole he or she will not constitute a danger to the community; and (5) Has successfully completed any individually required rehabilitative and educational programs, as determined by the division, while incarcerated; Provided, That, effective September 1, 2021, any inmate who satisfies all other parole eligibility requirements but is unable, through no fault of the inmate, to complete his or her required rehabilitative and educational programs while incarcerated, which are eligible to be taken while on parole, may be granted parole with the completion of such specified programs outside of the correctional institutions being a special condition of that person's parole term: Provided, however, That the Parole Board may consider whether completion of the inmate's outstanding amount of such programming would interfere with his or her successful reintegration into society. (l) (1) When considering an inmate of a state correctional facility for release on parole, the Parole Board panel considering the parole shall have before it an authentic copy of, or report on, the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice, or any other reliable criminal information sources and written reports of the superintendent of the state correctional institution to which the inmate is sentenced:
5.8.a. At the interview the Panel will consider any of the following documents, which it has obtained from appropriate sources:
S92-1-6. Factors in Decision. 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:
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| Wyoming |
7-13-402. ...no person shall be granted a parole until the board makes a reasonable effort to notify victims...of the hearing and provides a reasonable opportunity for the victims to provide written comments to the board relative to the parole.
(e) The board may adopt reasonable rules and regulations necessary to carry out the functions assigned to the board by W.S. 7-13-401 through 7-13-424 including rules relating to: (ii) The general conditions under which parole may be granted and revoked; (v) Procedures to allow victims opportunity to comment on parole applications Policy and Procedure Manual. B. Provide the hearing panel the opportunity to: 1. Review all available reports and case history material pertinent to the case. This may include:
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