270 Neb. Admin. Code, ch. 4, § 006

Current through September 17, 2024
Section 270-4-006 - Deferment of Parole
006.01 Whenever the Board of Parole considers the release of a committed offender who is eligible for release on parole, it shall order his release unless it is of the opinion that his release should be deferred because:
006.01A There is a substantial risk that he will not conform to the conditions of parole.
006.01B His release would depreciate the seriousness of his crime or promote disrespect for law.
006.01C His release would have a substantially adverse effect on institutional discipline.
006.01D His continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance his capacity to lead a law-abiding life when released at a later date.
006.02 In making its determination regarding a committed offender's release on parole, the Board of Parole shall take into account each of the following factors:
006.02A The offender's personality, including his maturity, stability, sense of responsibility, and any apparent development in his personality which may promote or hinder his conformity to law.
006.02B The adequacy of the offender's parole plan.
006.02C The offender's ability and readiness to assume obligations and undertake responsibilities.
006.02D The offender's intelligence and training.
006.02E The offender's family status and whether he has relatives who display an interest in him or whether he has other close and constructive associations in the community.
006.02F The offender's employment history, his occupational skills, and the stability of his past employment.
006.02G The type of residence, neighborhood, or community in which the offender plans to live.
006.02H The offender's past use of narcotics, or past habitual and excessive use of alcohol.
006.02I The offender's mental or physical makeup, including any disability or handicap which may affect his conformity to law.
006.02J The offender's prior criminal record, including the nature and circumstances, recency, and frequency of previous offenses.
006.02K The offender's attitude toward law and authority.
006.02L The offender's conduct in the facility, including particularly whether he has taken advantage of the opportunities for self-improvement, whether he has been punished for misconduct within six months prior to his hearing or reconsideration for parole release, whether any reductions of term have been forfeited, and whether such reductions have been restored at the time of hearing or reconsideration.
006.02M The offender's behavior and attitude during any previous experience of probation or parole and the recency of such experience.
006.02N Any other factors the board determines to be relevant.

270 Neb. Admin. Code, ch. 4, § 006