Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-005

Current through June 17, 2024
The Board of Parole shall:
005.01 Determine the time of release on
				parole of committed offenders eligible for such release.
005.02 Fix the conditions of parole, revoke
				parole, issue or authorize the issuance of warrants for the arrest of parole
				violators, and impose other sanctions short of revocation for violation of the
				conditions of parole.
005.03
				Determine the time of discharge from parole.
005.04 Visit and inspect any facility, state
				or local, for the detention of persons charged with or convicted of an offense
				and for the safekeeping of such other persons as may be remanded to such
				facility in accordance with law.
005.05 Within two years after July 1, 1994,
				implement objective parole risk-assessment criteria (meaning criteria which
				statistically have been shown to be good predictors of risk to society of
				release on parole) which shall be used by the members of the board as
				additional considerations in determining whether to grant or deny parole to any
				particular offender who is eligible for parole.
005.06 Review the record of every committed
				offender as follows:
005.06A If a committed
				offender has a parole eligibility date within five years of his or her date of
				incarceration, his or her record will be reviewed annually.
005.06B If a committed offender has a parole
				eligibility date which is more than five but not more than ten years from the
				date of his or her incarceration, his or her record shall be reviewed during
				the first year of incarceration, and when he or she is within three years of
				his or her earliest parole eligibility date, his or her record shall be
				reviewed annually.
005.06C If a
				committed offender has a parole eligibility date which is more than ten but not
				more than thirty years from his or her date of incarceration, his or her record
				shall be reviewed during the first year of incarceration, every five years
				thereafter until he or she is within five years of his or her earliest parole
				eligibility date, and annually thereafter.
005.06D If a committed offender has a parole
				eligibility date which is more than thirty years from his or her date of
				incarceration, his or her record shall be reviewed during his or her first,
				tenth, and twentieth year of incarceration, and when he or she is within five
				years of his or her earliest parole eligibility date, his or her record shall
				be reviewed annually.
005.06E If a
				committed offender is serving a minimum life sentence, his or her record shall
				be reviewed during the first year of incarceration and every ten years
				thereafter until such time as the sentence is commuted. If such sentence is
				commuted, the committed offender's record shall be reviewed annually when he or
				she is within five years of his or her earliest parole eligibility date.
Such review shall include the circumstances of the offense,
				  the presentence investigation report, the committed offender's previous social
				  history and criminal record, his or her conduct, employment, and attitude
				  during commitment, and the reports of such physical and mental examinations as
				  have been made. The board shall meet with such committed offender and counsel
				  him or her concerning his or her progress and prospects for future
				  parole.
The review schedule shall be based on court-imposed sentences
				  or statutory minimum sentences, whichever are greater. Nothing in such schedule
				  shall prohibit the board from reviewing a committed offender's case at any
				  time.