Release standards and guidelines for discretionary parole systems, 2025

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:
  1. (1) The prisoner's risk to reoffend, based upon a validated risk and needs assessment as defined in Section 12-25-32.
  2. (2) Progress by the prisoner and the Department of Corrections to plan for reentry.
  3. (3) Input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.
  4. (4) Participation in risk-reduction programs while incarcerated.
  5. (5) Institutional behavior of the prisoner while incarcerated.
  6. (6) Severity of the underlying offense for which the prisoner was sentenced to incarceration.
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.
  1. (a) In determining whether a prisoner is suitable for discretionary parole, the board shall consider the preparole reports including
    1. (1) the presentence report made to the sentencing court;
    2. (2) the recommendations made by the sentencing court, by the prosecuting attorney, and by the defense attorney, and any statements made by the victim or the prisoner at sentencing;
    3. (3) the prisoner's institutional conduct history while incarcerated;
    4. (4) recommendations made by the staff of the correctional facilities in which the prisoner was incarcerated;
    5. (5) reports of prior crimes, juvenile histories, and previous experiences of the prisoner on parole or probation;
    6. (6) physical, mental, and psychiatric examinations of the prisoner;
    7. (7) information submitted by the prisoner, the sentencing court, the victim of the crime, the prosecutor, or other persons having knowledge of the prisoner or the crime;
    8. (8) information concerning an unjustified disparity in the sentence imposed on a prisoner in relation to other sentences imposed under similar circumstances;
    9. (9) the case plan created under AS 33.30.011(a)(8) for the prisoner, including a compliance report on the case plan;
    10. (10) a reentry plan created under AS 33.30.011(a)(9); and
    11. (11) other relevant information that may be reasonably available.

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:
  1. (I) The testimony or written statement from the victim of the crime, or a relative of the victim, or a designee, pursuant to section 17-2-214;
  2. (II) The actuarial risk of reoffense;
  3. (III) The offender's assessed criminogenic need level;
  4. (IV) The offender's program or treatment participation and progress;
  5. (V) The offender's institutional conduct;
  6. (VI) The adequacy of the offender's parole plan;
  7. (VII) Whether the offender while under sentence has threatened or harassed the victim or the victim's family or has caused the victim or the victim's family to be threatened or harassed, either verbally or in writing;
  8. (VIII) Aggravating or mitigating factors from the criminal case;
  9. (IX) The testimony or written statement from a prospective parole sponsor, employer, or other person who would be available to assist the offender if released on parole;
  10. (X) Whether the offender had previously absconded or escaped or attempted to abscond or escape while on community supervision; and
  11. (XI) Whether the offender successfully completed or worked toward completing a high school diploma, a high school equivalency examination, as defined in section 22-33-102(8.5), C.R.S., or a college degree during his or her period of incarceration.
Connecticut § 54-125a. A panel of the board shall assess the suitability for parole release of such person based on the following standards:
  1. (1) Whether there is reasonable probability that such person will live and remain at liberty without violating the law, and
  2. (2) whether the benefits to such person and society that would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's continued incarceration
and

(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:
  1. (a) The inmate does not have a viable parole plan; (b) The inmate has been a management or security problem in prison as evidenced by the inmate's misconduct record;
  2. (c) The inmate has refused to participate in recommended prison programs;
  3. (d) The inmate's behavior in prison is a continuation
  4. of the behavior that led to the inmate's imprisonment;
  5. (e) The inmate has a pending prison misconduct;
  6. (f) The inmate does not have the ability or commitment
  7. to comply with conditions of parole;
  8. (g) The inmate has pending criminal charges which
  9. arose from inmate's current incarceration or last parole;
  10. (h) The inmate has a parole plan for a state that has
  11. not accepted the inmate for supervision; or
  12. (i) The inmate has expressed little or no interest in
  13. parole.
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:
  1. (1) circumstances surrounding the crime;
  2. (2) physical mental and moral qualifications;
  3. (3) progress of person during confinement, including education;
  4. (4) drug/alcohol evaluation;
  5. (5) whether there is a reasonable probability that the incarcerated individual, if released on parole, will remain at liberty without violating the law;
  6. (6) whether release is compatible with the welfare of society;
  7. (7) victim impact statement;
  8. (8) recommendation of sentencing judge;
  9. (9) information presented to a commissioner at a meeting with the victim;
  10. (10) victim testimony;
  11. (11) compliance with case plan
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:
  1. (a) reports and recommendations from parole staff;
  2. (b) official reports of the inmate's prior criminal record, including a report or record of earlier probation and parole experiences;
  3. (c) any pending cases;
  4. (d) presentence investigation reports;
  5. (e) official reports of the nature and circumstances of the offense including, but not limited to, police reports, grand jury minutes, decisions of the Massachusetts Appeals Court or the Supreme Judicial Court, and transcripts of the trial or of the sentencing hearing;
  6. (f) statements by any victim of the offense for which the offender is imprisoned about the financial, social, psychological, and emotional harm done to or loss suffered by such victim;
  7. (g) reports of physical, medical, mental, or psychiatric examination of the inmate;
  8. (h) any information that the inmate may wish to provide the parole hearing panel including letters of support from family, friends, community leaders, and parole release plans; and
  9. (i) information provided by the custodial authority, including, but not limited to, disciplinary reports, classification reports, work evaluations, and educational and rehabilitation program achievements.
(2) Individuals including, but not limited to, the inmate, sentencing judges, defense attorneys and prosecutors, who wish to provide relevant information to the parole hearing panel should submit such information to the Parole Board with the inmate's identification clearly indicated by full name, and data such as date of birth, social security number, indictment number, or commitment number. No recommendation as to the suitability for parole release may be considered as binding upon Parole Board members' discretionary authority to grant or deny parole. Parole Board members may exclude information that is unreliable, irrelevant or repetitious.
(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. (a) A prisoner must not be given liberty on parole until the board has reasonable assurance, after consideration of all of the facts and circumstances, including the prisoner's mental and social attitude, that the prisoner will not become a menace to society or to the public safety.
  2. (e) A prisoner must not be released on parole until the parole board has satisfactory evidence that arrangements have been made for such honorable and useful employment as the prisoner is capable of performing, for the prisoner's education, or for the prisoner's care if the prisoner is mentally or physically ill or incapacitated.
  3. (f) Except as provided in section 35(10), a prisoner whose minimum term of imprisonment is 2 years or more must not be released on parole unless he or she has either earned a high school diploma or a high school equivalency certificate. The director of the department may waive the restriction imposed by this subdivision as to any prisoner who is over the age of 65 or who was gainfully employed immediately before committing the crime for which he or she was incarcerated...[or] any prisoner who has a learning disability, who does not have the necessary proficiency in English, or who for some other reason that is not the fault of the prisoner is unable to successfully complete the requirements for a high school diploma or a high school equivalency certificate.
§ 791.233e.
(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:
  1. (a) The offense for which the prisoner is incarcerated at the time of parole consideration.
  2. (b) The prisoner's institutional program performance.
  3. (c) The prisoner's institutional conduct.
  4. (d) The prisoner's prior criminal record. As used in this subdivision, "prior criminal record" means the recorded criminal history of a prisoner, including all misdemeanor and felony convictions, probation violations, juvenile adjudications for acts that would have been crimes if committed by an adult, parole failures, and delayed sentences.
  5. (e) Other relevant factors as determined by the department, if not otherwise prohibited by law.
(3) In developing the parole guidelines, the department may consider both of the following factors:
  1. (a) The prisoner's statistical risk screening.
  2. (b) The prisoner's age.
(4) The department shall ensure that the parole guidelines do not create disparities in release decisions based on race, color, national origin, gender, religion, or disability.


§ 791.235. (3) The parole board may consider but shall not base a determination to deny parole solely on either of the following:
  1. (a) A prisoner's marital history.
  2. (b) Prior arrests not resulting in conviction or adjudication of delinquency.

(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:
  1. (a) A statement of all major misconduct charges of which the prisoner was found guilty and the punishment served for the misconduct.
  2. (b) The prisoner's work and educational record while confined.
  3. (c) The results of any physical, mental, or psychiatric examinations of the prisoner that may have been performed.
  4. (d) Whether the prisoner fully cooperated with this state by providing complete financial information as required under section 3a of the state correctional facility reimbursement act, 1935 PA 253, MCL 800.403a.
  5. (e) Whether the prisoner refused to attempt to obtain identification documents under section 34c, if applicable.
  6. (f) For a prisoner subject to disciplinary time, a statement of all disciplinary time submitted for the parole board's consideration under section 34 of 1893 PA 118, MCL 800.34.
  7. (g) The result on any validated risk assessment instrument.
(8) The preparer of the report shall not include a recommendation as to release on parole.

(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:
  1. (a) the circumstances of the offense;
  2. (b) the prisoner's social history and prior criminal record, including the nature and circumstances of the offense, date of offense, and frequency of previous offenses;
  3. (c) the prisoner's conduct, employment, and attitude in prison, including particularly whether the prisoner has taken advantage of opportunities for treatment and whether the prisoner is clear of major disciplinary violations prior to the hearing;
  4. (d) the reports of any physical, psychological, and mental evaluations that have been made;
  5. (e) the prisoner's maturity, stability, sense of responsibility, and development of traits and behaviors that increase the likelihood the prisoner will conform the prisoner's behavior to the requirements of law;
  6. (f) the adequacy of the prisoner's release plan;
  7. (g) the prisoner's ability and readiness to assume obligations and undertake responsibilities;
  8. (h) the prisoner's education and training;
  9. (i) the prisoner's family status and whether the prisoner has relatives who display an interest or whether the prisoner has other close and constructive associations in the community;
  10. (j) the prisoner's employment history and occupational skills and the stability of the prisoner's past employment;
  11. (k) the type of residence, neighborhood, or community in which the prisoner plans to live;
  12. (l) the prisoner's past use of chemicals, including alcohol, and past habitual or abusive use of chemicals;
  13. (m) the prisoner's mental health needs;
  14. (n) the prisoner's attitude toward law and authority;
  15. (o) the prisoner's behavior and attitude during any previous experience of supervision and the recency of the supervision;
  16. (p) 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 regarding the effects of the crime on the victim. A victim's statement may also include but is not limited to the circumstances surrounding the crime, the manner in which the crime was committed, and the victim's opinion as to whether the offender should be paroled.
  17. (q) whether parole at this time would diminish the seriousness of the offense; and
  18. (r) any and all other factors that the hearing panel determines to be relevant.
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:
  1. (a) There is a substantial risk that he or she will not conform to the conditions of parole; or
  2. (b) Subject to subsection (3) of this section, his or her continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance his or her capacity to lead a law-abiding life when released at a later date.
(2) In making its determination regarding a committed offender's release on parole, the board shall give consideration to the decision guidelines as set forth in its rules and regulations and shall take into account each of the following factors:
  1. (a) The adequacy of the offender's parole plan, including sufficiency of residence, employment history, and employability;
  2. (b) The offender's institutional behavior;
  3. (c) The offender's previous experience on parole and how recent such experience is;
  4. (d) Whether the offender has completed a risk and needs assessment completed pursuant to section 83-192; and
  5. (e) Any testimony or written statement by a victim as provided in section 81-1848.
§83-1,115. Before making a determination regarding a committed offender's release on parole, the Board of Parole shall consider the following:

  1. (1) A report prepared by the institutional caseworkers relating to his or her personality, social history, and adjustment to authority, and including any recommendations which the staff of the facility may make;
  2. (2) All official reports of his or her prior criminal record, including reports and records of earlier probation and parole experiences;
  3. (3) The presentence investigation report;
  4. (4) Recommendations regarding his or her parole made at the time of sentencing by the sentencing judge;
  5. (5) The reports of any physical, mental, and psychiatric examinations of the offender;
  6. (6) Any relevant information which may be submitted by the offender, his or her attorney, the victim of his or her crime, or other persons;
  7. (7) The risk and needs assessment completed pursuant to section 83-192; and
  8. (8) Such other relevant information concerning the offender as may be reasonably available.
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:
  1. (a) The severity of the crime committed;
  2. (b) The criminal history of the person;
  3. (c) Any disciplinary action taken against the person while incarcerated;
  4. (d) Any previous parole violations or failures;
  5. (e) Any potential threat to society or to the convicted person; and
  6. (f) The length of his or her incarceration.
3. In determining whether to grant parole to a convicted person, the Board shall not consider whether the person has appealed the judgment of imprisonment for which the person is being considered for parole.

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:
  1. (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
  2. (b) Whether the release is incompatible with the welfare of society;
  3. (c) The seriousness of the offense and the history of criminal conduct of the prisoner;
  4. (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and
  5. (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 or 213.10915.
4. Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner...unless the [applicant]...does not have a history of:
  1. (a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;
  2. (b) Repetitive criminal conduct;
  3. (c) Criminal conduct related to the use of alcohol or drugs;
  4. (d) Repetitive sexual deviance, violence or aggression; or
  5. (e) Failure in parole, probation, work release or similar programs.
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:
  1. (a) The inmate's personality, maturity, sense of responsibility, and any developments in personality which might promote or hinder the conformity to the law;
  2. (b) The appropriateness and adequacy of his parole plan, as determined by the supervising officer during the investigation requested by the board prior to release, including:
    1. (1) The inmate's employment plan, employment history, occupational skills, and past employment stability;
    2. (2) The type of residence, neighborhood, and community in which the inmate intends to live and work; and
    3. (3) The availability of mental health or other rehabilitative services ordered by the board as conditions of parole;
  3. (c) The inmate's history of use of illegal drugs, and habitual and/or excessive use of alcohol;
  4. (d) The inmate's criminal record, including the nature and circumstances of criminal activity, and the recency and frequency of previous offenses;
  5. (e) The seriousness of the confining offense or other committed offenses, including the degree of violence or lack of concern for victims involved;
  6. (f) The degree of remorse or empathy for victims and the attitude of the inmate toward his prior criminal conduct;
  7. (g) The inmate's history of conduct during previous paroles, probation, or other community supervision;
  8. (h) The inmate's conduct within the institution, including, but not limited to:
    1. (1) The disciplinary record during incarceration;
    2. (2) Evidence of self-improvement through the various institutional programs and, specifically programs which addressed problems or issues that contributed to the inmate's prior criminal activity;
  9. (i) Evaluations and recommendations received by the board from the department of corrections, courts, and relevant social service, mental health, and criminal justice agencies; and
  10. (j) The inmate's attitude and conduct during the parole hearing.
Adult Parole Board Policies and Practices. 1. C-3 and D-free.
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:
  1. 1. Commission of an offense while incarcerated.
  2. 2. Commission of serious disciplinary infractions.
  3. 3. Nature and pattern of previous convictions.
  4. 4. Adjustment to previous probation, parole and incarceration.
  5. 5. Facts and circumstances of the offense.
  6. 6. Aggravating and mitigating factors surrounding the offense.
  7. 7. Pattern of less serious disciplinary infractions.
  8. 8. Participation in institutional programs which could have led to the improvement of problems diagnosed at admission or during incarceration. This includes, but is not limited to, participation in substance abuse programs, academic or vocational education programs, work assignments that provide on-the-job training and individual or group counseling.
  9. 9. Statements by institutional staff, with supporting documentation, that the inmate is likely to commit a crime if released; that the inmate has failed to cooperate in his or her own rehabilitation; or that there is a reasonable expectation that the inmate will violate conditions of parole.
  10. 10. Documented pattern or relationships with institutional staff or inmates.
  11. 11. Documented changes in attitude toward self or others.
  12. 12. Documentation reflecting personal goals, personal strengths or motivation for law-abiding behavior.
  13. 13. Mental and emotional health.
  14. 14. Parole plans and the investigation thereof.
  15. 15. Status of family or marital relationships at the time of eligibility.
  16. 16. Availability of community resources or support services for inmates who have a demonstrated need for same.
  17. 17. Statements by the inmate reflecting on the likelihood that he or she will commit another crime; the failure to cooperate in his or her own rehabilitation; or the reasonable expectation that he or she will violate conditions of parole.
  18. 18. History of employment, education and military service.
  19. 19. Family and marital history.
  20. 20. Statement by the court reflecting the reasons for the sentence imposed.
  21. 21. Statements or evidence presented by the appropriate prosecutor's office, the Office of the Attorney General, or any other criminal justice agency.
  22. 22. Statement or testimony of any victim or the nearest relative(s) of a murder/manslaughter victim.
  23. 23. The results of the objective risk assessment instrument.
  24. 24. Subsequent growth and increased maturity of the inmate during incarceration.
30:4-123.53. b. (1) The report filed pursuant to subsection a. shall contain preincarceration records of the inmate, including any history of civil commitment, any disposition which arose out of any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition of those charges and any acquittals by reason of insanity pursuant to N.J.S.2C:4-1, state the conduct of the inmate during the current period of confinement, include a complete report on the inmate's social and physical condition, include an investigation by the Division of Parole of the inmate's parole plans, and present information bearing upon the likelihood that the inmate will commit a crime under the laws of this State if released on parole. The report shall also include a complete psychological evaluation of the inmate in any case in which the inmate was convicted of a first or second degree crime involving violence and...

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:
  1. (i) the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interactions with staff and incarcerated individuals;
  2. (ii) performance, if any, as a participant in a temporary release program;
  3. (iii) release plans including community resources, employment, education and training and support services available to the incarcerated individual;
  4. (iv) any deportation order issued by the federal government against the incarcerated individual while in the custody of the department and any recommendation regarding deportation made by the commissioner of the department pursuant to section one hundred forty-seven of the correction law;
  5. (v) any current or prior statement made to the board by the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated;
  6. (vi) the length of the determinate sentence to which the incarcerated individual would be subject had he or she
  7. received a sentence pursuant to section 70.70 or section 70.71 of the penal law for a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law;
  8. (vii) the seriousness of the offense with due consideration to the type of sentence, length of
  9. sentence and recommendations of the sentencing court, the district attorney, the attorney for the incarcerated individual, the pre-sentence probation report as well as consideration of any mitigating and aggravating factors, and activities following arrest prior to confinement; and
  10. (viii) prior criminal record, including the nature and pattern of offenses, adjustment to any previous probation or parole supervision and institutional confinement.
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:
  1. (1) The nature and circumstances of the offense committed.
  2. (2) Any recommendations made by the trial judge and prosecuting attorney.
  3. (3) The general character and background of the inmate.
  4. (4) Participation by an inmate sentenced after February 19, 1999, and who is serving a sentence for a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) in a victim impact education program offered by the Department of Corrections.
  5. (5) The written or personal statement of the testimony of the victim or the victim's family submitted under section 6140 (relating to victim statements, testimony and participation in hearing).
  6. (6) The notes of testimony of the sentencing hearing, if any, together with such additional information regarding the nature and circumstances of the offense committed for which sentence was imposed as may be available.
  7. (7) The conduct of the person while in prison and his physical, mental and behavioral condition and history, his history of family violence and his complete criminal record.

§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:
  1. (i) The best interests of the offender justify or require that the offender be paroled.
  2. (ii) It does not appear that the interests of the Commonwealth will be injured by the offender's parole.

§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:
  1. (1) Give primary consideration to the protection of the public and to victim safety.
  2. (2) Provide for due consideration of victim input.
  3. (3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board.
  4. (4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs.
  5. (5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety.
  6. (6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.
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:
  1. (1) That the prisoner has substantially observed the rules of the institution in which confined, as evidenced by reports submitted to the board by the director of the department of corrections, or his or her designated representatives, in a form to be prescribed by the director;
  2. (2) That release would not depreciate the seriousness of the prisoner's offense or promote disrespect for the law;
  3. (3) That there is a reasonable probability that the prisoner, if released, would live and remain at liberty without violating the law;
  4. (4) That the prisoner can properly assume a role in the city or town in which he or she is to reside. In assessing the prisoner's role in the community the board shall consider:
    1. (i) Whether or not the prisoner has employment;
    2. (ii) The location of his or her residence and place of employment; and
    3. (iii) The needs of the prisoner for special services, including but not limited to, specialized medical care and rehabilitative services; and
  5. (5) That any and all restitution imposed pursuant to § 12-19-32 has been paid in full, or satisfactory arrangements have been made with the court if the person has the ability to pay. Any agreement shall be in writing and it is the burden of the person seeking parole to satisfy the parole board that this requirement has been met. Any person subject to the provisions of this section may request an ability to pay hearing, by filing the request with the court which imposed the original sentence.

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
  1. 1. Negative institutional conduct/behavior.
  2. 2. The failure to complete or early termination from required or recommended programming.
  3. 3. Failure or termination from in a Work Release Program.
  4. 4. Nature of the offense as it relates to the parole candidate's motivation for
  5. committing the offense, their role in the offense, level of violence used, the amount of loss and/or injury to the victim, and the degree of sophistication evidenced in the offense.
  6. 5. Unfavorable re-entry preparation or plan.
  7. 6. Pattern of parole supervision failure.
  8. 7. Special concerns of the victim(s) or community.
  9. 8. Status in a Security Risk Group as it impacts the re-entry plan.
  10. 9. Escape
  11. 10. Sexual predatory activities
  12. 11. Any other factor determined by the Parole Board in its discretion that detracts from serious parole release consideration.
Mitigating Factors. In addition to an offender's risk assessment score, the Parole Board may consider any other factor that enhances serious parole release consideration, including but not limited to:
  1. 1. Appropriate participation and success in Work Release Program where available.
  2. 2. Completion of required or recommended programming.
  3. 3. Favorable and realistic re-entry plan.
  4. 4. Strong community support.
  5. 5. Within 12 months of Sentence Completion Date.
  6. 6. Any other factor determined by the Parole Board in its discretion that enhances serious parole release consideration
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:
  • The risk that the offender poses to the community;
  • The nature and seriousness of the offender's offense, the circumstances surrounding that offense, and the prisoner's attitude toward it;
  • The offender's prior criminal record and adjustment under any previous programs of supervision;
  • The offender's attitude toward family members, the victim, and authority in general;
  • The offender's adjustment while in confinement, including his progress in counseling, therapy, and other similar programs designed to encourage the prisoner to improve himself;
  • The offender's employment history, including his job training and skills and his stability in the workplace;
  • The offender's physical, mental, and emotional health;
  • The offender's understanding of the causes of his past criminal conduct;
  • The offender's efforts to solve his problems;
  • The adequacy of the offender's overall parole plan, including his proposed residence and employment;
  • The willingness of the community into which the offender will be paroled to receive that offender;
  • The willingness of the offender's family to allow the offender, if he is paroled, to return to the family circle;
  • The opinion of the sentencing judge, the solicitor, and local law enforcement on the offender's parole;
  • The feelings of the victim or the victim's family, about the offender's release;
  • Any other factors that the Board may consider relevant, including the recommendation of the parole examiner.
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:
  1. (1) The inmate's personal and family history;
  2. (2) The inmate's attitude, character, capabilities, and habits;
  3. (3) The nature and circumstances of the inmate's offense;
  4. (4) The number, nature, and circumstances of the inmate's prior offenses;
  5. (5) The successful completion or revocation of previous probation or parole granted to the inmate;
  6. (6) The inmate's conduct in the institution, including efforts directed towards self-improvement;
  7. (7) The inmate's understanding of his or her own problems and the willingness to work towards overcoming them;
  8. (8) The inmate's total personality as it reflects on the possibility that the inmate will lead a law-abiding life without harm to society;
  9. (9) The inmate's family and marital circumstances and the willingness of the family and others to help the inmate upon release on parole from the institution;
  10. (10) The soundness of the parole program and whether it will promote the rehabilitation of the inmate;
  11. (11) The inmate's specific employment and plans for further formal education or training;
  12. (12) The inmate's plan for additional treatment and rehabilitation while on parole;
  13. (13) The effect of the inmate's release on the community;
  14. (14) The effect of the inmate's release on the administration of justice; and
  15. (15) The effect of the inmate's release on the victims of crimes committed by the inmate.
DOC 1400-02. B. All referrals will be forwarded to the warden or designee for review once supplemental information has been gathered. Information compiled will include but not be limited to:
  1. Reason for consideration.
  2. Crime and sentence information including admission date.
  3. Criminal history.
  4. Institutional disciplinary record.
  5. Medical considerations including diagnosis, prognosis, and care needs, if applicable.
  6. Release plan (to include a treatment plan, if applicable).
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:
  1. (a) The nature of the crime and its severity;
  2. (b) The inmate's previous criminal record, if any;
  3. (c) The inmate's institutional record;
  4. (d) The views of the appropriate trial Judge and the District Attorney General, who prosecuted the case;
  5. (e) The inmate's circumstances if returned to the community;
  6. (f) Any mitigating or aggravating circumstances surrounding the offense;
  7. (g) The views of the community, victims of the crime or their family, institutional staff, probation and parole officers, or other interested parties;
  8. (h) The inmate's training, including vocational and educational achievements;
  9. (i) The inmate's employment history, his or her occupational skills, including any military experience, and the stability of his or her past employment;
  10. (j) The inmate's past use of narcotics, or past habitual and excessive use of alcohol;
  11. (k) The inmate's behavior and attitude during any previous experience on probation or parole and the recentness of such experience;
  12. (l) A validated risk and needs assessment to adequately assess the risk an inmate poses to society and his or her potential for parole success; and
  13. (m) Any other factors required by law to be considered or the Board determines to be relevant.
(2) In applying the above factors to a particular inmate, the Board may consider the following sources of information:
  1. (a) Reports prepared by institutional staff relative to the inmate's social history and institutional record, including any recommendations the institutional staff may wish to make;
  2. (b) All relevant Department of Correction or other prison, jail, or workhouse reports;
  3. (c) Observations concerning the suitability of releasing the inmate on parole from court officials, law enforcement officials, and other interested community members;
  4. (d) Reports or recommendations resulting from any physical, psychological, or psychiatric examination or evaluation of the inmate;
  5. (e) Any relevant information submitted by the inmate, his or her attorney, representatives on his or her behalf, or other interested parties;
  6. (f) The parole plan, which the inmate has submitted; and
  7. (g) Any other relevant information concerning the inmate.
(3) The Board shall consider written or video impact statements or other information submitted by the victim or the victim's family.

§ 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:
  1. (1) There is a substantial risk that the incarcerated individual will not conform to the conditions of the release program;
  2. (2) (A) The release from custody at the time would depreciate the seriousness of the crime of which the incarcerated individual stands convicted or promote disrespect for the law, except that the board's finding shall not be the sole basis for denying parole unless the individual is serving a sentence for any of the following offenses, in which case the board may deny parole for seriousness of the offense:
    [see full statute for list of qualifying crimes of conviction]
  3. (3) The release from custody at the time would have a substantially adverse effect on institutional discipline; or
  4. (4) The incarcerated individual's continued correctional treatment, medical care or vocational or other training in the institution will substantially enhance the incarcerated individual's capacity to lead a law-abiding life when given release status at a later time.
Texas Govt Code S508.144. (a) The board shall:
  1. (1) develop according to an acceptable research method the parole guidelines that are the basic criteria on which a parole decision is made;
  2. (2) Base the guidelines on the seriousness of the offense and the likelihood of a favorable parole outcome;
  3. (3) ensure that the guidelines require consideration of an inmate's progress in any programs in which the inmate participated during the inmate's term of confinement;
  4. (4) establish and maintain a range of recommended parole approval rates for each category or score within the guidelines; and
  5. (5) implement the guidelines.
Texas Admin. Code Title 37 Part 5: (1) The parole guidelines consist of a risk assessment instrument and an offense severity scale. Combined, these components serve as an instrument to guide parole release decisions.

(2) The risk assessment instrument includes two sets of components, static and dynamic factors.

(A) Static factors include:
  1. (i) Age at first admission to a juvenile or adult correctional facility;
  2. (ii) History of supervisory release revocations for felony offenses;
  3. (iii) Prior incarcerations;
  4. (iv) Employment history; and
  5. (v) The commitment offense.
(B) Dynamic factors include:
  1. (i) The offender's current age;
  2. (ii) Whether the offender is a confirmed
  3. security threat group (gang) member;
  4. (iii) Education, vocational and certified on-the-job training programs completed during the present incarceration;
  5. (iv) Prison disciplinary conduct; and
  6. (v) Current prison custody level.
(3) Scores from the risk assessment instrument are combined with an offense severity rating for the sentenced offense of record to determine a parole candidate's guidelines level.
Utah 77-27-7. (1) (e) When determining the hearing date under Subsection (1)(a), the board shall consider:
  1. (i) the type and severity of offenses;
  2. (ii) prior criminal history;
  3. (iii) criminogenic risk factors; and
  4. (iv) evidence-based assessments.
(2) (a) Before reaching a final decision to release an offender under this chapter, the chair shall cause the offender to appear before the board, the board's panel, or an appointed hearing officer, who shall personally interview the offender to consider the offender's fitness for release and verify as far as possible information furnished from other sources.

---

Website: The Board considers the many factors related to the case when making a decision.

Examples include:
  • The minimum, maximum, concurrent, and consecutive sentences imposed by the court
  • The facts of the crime and criminal behavior
  • Reports and recommendations from the sentencing court and Department of Corrections
  • Individual's risk level
  • Victim impact
  • The individual's criminal history, supervision history, and institutional behavior
  • Information received by the Board from the individual or on the individual's behalf
  • Completion of their Case Action Plan or Board-required programming/treatment while incarcerated
  • Release plan and community support
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:
  1. (1) the inmate is eligible for parole;
  2. (2) there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and
  3. (3) the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen.
Parole Board Manual. In reaching its decisions, the Board may use a validated empirical risk assessment instrument to assess the offender's risk of re-offending and shall consider the following factors:
  1. Seriousness of the crime committed.
  2. Danger to the public.
  3. The offender's risk of re-offending.
  4. Any input given by the victim, including, but not limited to the emotional damage done to
  5. the victims and the victim's family.
  6. The offender's parole plan - including housing, employment, need for community treatment, and follow-up resources.
  7. Recommendation of the Department of Corrections.
B. In reaching its decision, the Board shall consider all pertinent information which includes, but not limited to, the factors listed below:
  1. History of prior criminal activity.
  2. Prior history on probation, parole, or other form of supervised release.
  3. Abuse of drugs or alcohol.
  4. Poor institutional adjustment.
  5. Success or failure of treatment.
  6. Attitude toward authority - before and during incarceration.
  7. Comments from the prosecutor's office, the Office of the Attorney's General's Office, the judiciary or other criminal justice agency.
  8. Education and job skills.
  9. Employment history.
  10. Emotional stability.
  11. Mental status - capacity and stability.
  12. History of deviant behavior.
  13. Official and community attitudes toward accepting an inmate back into the community.
  14. Other factors involved that relate to public safety or the inmate's needs.
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:
  1. (A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered for the infractions;
  2. (B) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves the state correctional institution; and
  3. (C) On any physical, mental, psychological, or psychiatric examinations of the inmate.
Procedural Rules S92-1-6, 5.8. Consideration of Documents at Interviews.

5.8.a. At the interview the Panel will consider any of the following documents, which it has obtained from appropriate sources:
  1. 5.8.a.1. The Regular Case Parole Guidelines and a LS/CMI report prepared by the Division.
  2. 5.8.a.2. An authentic copy of the inmate's current criminal record, as provided through the
  3. West Virginia State Police, the United States Department of Justice or any other reliable criminal
  4. information source.
  5. 5.8.a.3. Reports from the Institution concerning the inmate's work record, participation in
  6. therapeutic, treatment and educational programs, and overall conduct.
  7. 5.8.a.4. Reports of the inmate's discipline while incarcerated, to include the record of any and
  8. all violations of Class I or Class II institutional disciplinary rules, proved and disposed of, and the sanctions
  9. imposed therefor.
  10. 5.8.a.5. Reports submitted to the Panel by institutional authorities concerning physical, mental
  11. or psychiatric examinations of the inmate conducted by either the Division or other appropriate agencies or
  12. professionals.
  13. 5.8.a.6. Written sentiment submitted by victims, law enforcement officers, prosecuting
  14. attorneys, judges, or other public officials and citizens from the county where the inmate was sentenced or
  15. from the community in which the inmate resided.
  16. 5.8.a.7. A written description of the facts and circumstances of the crime(s) for which the
  17. inmate has been convicted and is currently incarcerated.
  18. 5.8.a.8. Records pertaining to any previous release of the inmate on home confinement,
  19. probation or parole.
  20. 5.8.a.9. A home plan that has been approved by the Division's Parole Services unit.

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:
  1. 6.1.a. Evidence based factors such as offense severity, risk assessment, program participation/completion and misconduct history. The Parole Guidelines scoring will inform the Panel in the exercise of its discretion:
  2. 6.1.b. Whether the inmate has satisfactorily participated in institutional education, work,
  3. therapeutic or treatment programs, and has complied with the recommendations of the IRPP;
  4. 6.1.c. Whether the inmate has previously been on home confinement, parole, probation, community corrections, or other supervision, and if so, how the inmate behaved thereon and the circumstances of any violations;
  5. 6.1.d. The sentiment expressed by members of the community, victims of the crime(s) committed
  6. by the inmate, and criminal justice officials, if any such sentiment be available;
  7. 6.1.e. The facts and circumstances of the crime:
  8. 6.1.f. The demeanor of the inmate during the interview and the attitudes expressed with regard to prior criminal behavior, to social morals and law;
  9. 6.1.g. The inmate's prior criminal record, if any;
  10. 6.1.h. The results of any available physical, mental or psychological/psychiatric examinations. Psychological exams must be conducted for sexual offenders. Other inmates' crimes may dictate a psychological exam be conducted if directed by the Division through their psychological assessment and screening;
  11. 6.1.i. Whether the inmate has been convicted of a new crime while incarcerated, or has been found guilty of violating any Class I or Class II institutional disciplinary rules; and
  12. 6.1.j. Any other factor which may tend to indicate whether or not the inmate constitutes reasonable risk to safety or property if released on parole.
6.2. The Panel will consider positive and negative factors in all the aforesaid areas and not confine its inquiry to particular areas to the exelusions of others. The Panel shall assess all factors together to determine whether:

  1. 6.2.a. The inmate can and will conduct himself or herself in a lawful manner if released; and
  2. 6.2.b. Whether release is in the best interests of society considering public safety and rehabilitation
6.3. In the consideration of release of an inmate on accelerated parole, the Panel must consider all the aforementioned factors, verify eligibility requirements and program completion. If denying accelerated parole the Panel must give written rebuttable reasons to justify the denial.
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:
  1. (a) Social history;
  2. (b) Medical, psychological and psychiatric reports;
  3. (c) Prior record of arrests, convictions, incarcerations, and circumstances thereto ;
  4. (d) Past and present patterns of behavior and confidential information;
  5. (e) Reports regarding the inmate's institutional adjustment including his or her record of conduct and program participation;
  6. (D Input from victims; and
  7. (g) Documentation provided by the inmate and his or her supporters.


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