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20.25.505    CRITERIA FOR RELEASE GRANT DECISIONS

(1) When the board considers the release application of an inmate who has satisfied applicable minimum time-of-incarceration requirements, or of an inmate deemed eligible for medical parole, supervised release or furlough, it may order release only when in its opinion:

(a)There is reasonable probability that the inmate can be released without detriment to himself/herself or to the community;

(b)The best interests of society will be furthered;

(c)The inmate is able and willing to fulfill the obligations of a law-abiding citizen; and

(d)The inmate does not require continued correctional treatment, medical care or mental health therapy, vocational or other programs available in the correctional facility that will substantially enhance the inmate's capacity to lead a law-abiding life if released.

(2)In making its determination regarding a committed offender's release, the board may consider each of the following factors:

(a)The offender's maturity, stability, sense of responsibility and development of traits and behaviors which increase the likelihood the inmate will conform his/her behaviors to law;

(b)The adequacy of the offender's release plan;

(c)The offender's ability and readiness to assume obligations and undertake responsibilities;

(d)The offender's education and training;

(e)The offender's family status and whether the offender has relatives who display an interest or whether the offender has other close and constructive associations in the community;

(f)The offender's employment history, occupational skills, and the stability of the offender's past employment;

(g)The type of residence, neighborhood or community in which the offender plans to live;

(h)The offender's past use of chemicals (including alcohol) , and past habitual and/or abusive use of such chemicals;

(i)The offender's mental and/or physical makeup;

(j)The offender's prior criminal record, including the nature and circumstances of the offense, date of offense and frequency of previous offenses;

(k)The offender's attitude toward law and authority;

(l)The offender's conduct in the institution, including particularly whether the inmate has taken advantage of opportunities for treatment, and whether the inmate is clear of major disciplinary reports prior to the hearing;

(m)The offender's behavior and attitude during any previous experience of supervision and the recency of such experience;

(n)Victim(s) statement; and

(o)Any and all other factors which the board determines to be relevant.

History: 46-23-218, MCA; IMP, 46-23-218, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99.

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