270 Neb. Admin. Code, ch. 3, § 005

Current through September 17, 2024
Section 270-3-005

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.

005.07 Appoint and remove employees of the board as proscribed by the State Personnel System and delegate appropriate powers and duties to them.
005.08 Exercise all powers and perform all duties necessary and proper in carrying out its responsibilities of the board under the Nebraska Treatment and Corrections Act.

270 Neb. Admin. Code, ch. 3, § 005