Section 220 IAC 1.1-2-3 - Parole appearancesAuthority: IC 11-9-1-2; IC 11-13-3-2; IC 11-13-3-3; IC 11-13-3-4
Affected: IC 11-9-1-2; IC 11-13-3-3; IC 11-13-3-4
Sec. 3.
(a) An offender is eligible for a [sic.] appearance not less than thirty (30) nor more than sixty (60) days prior to the date he is eligible for release upon parole and:(1) the offender has not previously appeared before the board on the commitment under which he is serving;(2) the offender has previously been denied parole release on the commitment that he is serving and the board has scheduled him for an appearance during that meeting; or(3) the offender has previously been denied parole release on the commitment that he is serving and the board has scheduled him for a reconsideration during that meeting.(b) All offenders eligible for release upon parole and eligible for a parole release appearance shall personally appear before the board. The offender may speak and present relevant documents in his own behalf and tell the board why he should be granted release on parole. Any member of the board may ask questions of the offender or make statements concerning him.(c) Facilities shall prepare a list of all offenders eligible for a parole appearance and transmit that list to the board in compliance with a schedule established by the chairman.(d) Facilities shall prepare a parole packet on each offender eligible for a parole appearance and transmit that packet to the board in compliance with a schedule established by the chairman. The packet shall include a complete classification summary, progress report, a work sheet on each offender eligible for a parole appearance and any other materials specified by the chairman.(e) An investigation of the attitudes and opinions of the community in which the crime occurred, of the victim or of the relatives and friends of the victim, and of the relatives and friends of the offender shall be required by the board before authorizing parole for any offender sentenced to a determinate or indeterminate term of imprisonment exceeding ten (10) years.(f) Each member of the board shall study the parole packet on an offender prior to that offender's appearance. Members may note observations and impressions on the work sheet to be used to help construct the interview during the appearance.(g) Any documents received prior to or during a parole hearing shall be maintained as a part of the offender's file. Board members shall have an opportunity to review these documents before rendering a decision on the granting or denial of parole.(h) Notwithstanding subsection (b) of this section, the board may consider whether or not to parole an eligible offender incarcerated in another jurisdiction based upon a record made by appropriate authorities of the jurisdiction in which the offender is incarcerated, pursuant to IC 11-13-3-3(k).(i) Offenders who are denied release are eligible for reconsideration at a time established by the board. If reconsideration is denied, or if release upon parole is denied upon reconsideration, the offender will appear before the board at the offender's regularly scheduled meeting.(j) In the event that release upon parole is denied at a regularly scheduled appearance, the offender shall be scheduled to appear before the board in one (1) year, unless his sentence expires in less than one (1) year.(k) In making parole release determinations, the board shall consider:(1) the nature and circumstances of the crime for which the offender is committed, and the offender's participation in that crime;(2) the offender's prior criminal record;(3) the offender's conduct and attitude during commitment;(4) the offender's parole program;(5) the attitudes and opinions of the victim of the crime, or of the relatives or friends of the victim;(6) the offender's participation in educational, vocational or counseling programs during incarceration; and(7) the best interests of society.(l) In making parole release determinations, the board may consider:(1) the offender's previous social history;(2) the offender's employment during commitment;(3) the offender's education and vocational training both before and during commitment;(4) the offender's age at the time of commiting [sic.] the offense and his age and level of maturity at the time of the parole release appearance;(5) the offender's medical condition and history;(6) the offender's psychological and psychiatric condition and history;(7) the offender's employment history prior to commitment;(8) the relationship between the offender and the victim of the crime;(9) the offender's economic condition and history;(10) the offender's previous parole or probation experiences;(11) the offender's participation in substance abuse programs;(12) the attitudes and opinions of the community in which the crime occurred, including those of law enforcement officials;(13) the attitudes and opinions of the friends and relatives of the offender;(14) any other matter reflecting upon the likelihood that the offender, if released upon parole, is able to and will fulfill the obligations of a law-abiding citizen.(m) An offender may be released on parole only if the board determines that the offender is able and willing to fulfill the obligations of a law-abiding citizen. Release on parole shall be ordered only for the best interest of society.(n) Within three (3) weeks of the end of a meeting at a facility, the facility shall forward to the chairman and the commissioner the minutes of that meeting, to include all actions taken by the board. The minutes shall include, but not be limited to, reports of actions taken on the following:(1) authorized for parole;(2) authorized for parole and discharge;(3) authorized parole and discharge to new commitment;(5) continued applicants;(6) case reviewed-no change in status;(8) parole violation hearings;(9) parole violation hearings with new commitments;(11) discharged from parole;(12) authorized for reconsideration;(15) mandatory discharge to new commitment;(16) mandatory discharge via waiver of jurisdiction; and(17) clemency interviews.(o) The minutes shall be in such form as the chairman may direct, and for each case considered, shall contain all pertinent data so that the action taken on each offender considered is clearly reflected. Where appropriate, as in listing reasons for continuances, and for denials of release on parole, the following abbreviations and codes may be used:"P&P"-psychiatric and psychological evaluation and report;
"CI"-community investigation and report;
"A"-the nature and circumstances of the crime for which the offender is committed, and the offender's participation in that crime;
"B"-the offender's prior criminal record;
"C"-the offender's conduct and attitude during commitment; and
"D"-the best interests of society.
Parole Board; 220 IAC 1.1-2-3; filed Feb 20, 1981, 9:30 am: 4 IR 496; filed Jun 15, 1987, 2:45 pm: 10 IR 2491; readopted filed Nov 8, 2001, 1:15 p.m.: 25 IR 935; readopted filed Sep 5, 2007, 2:32 p.m.: 20070919-IR-220070371RFA; readopted filed Dec 2, 2013, 2:09 p.m.: 20140101-IR-220130484RFA