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(1) A board hearing panel may release an eligible offender on nonmedical parole only when, in its opinion:

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

(b) release is in the best interests of society;

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

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

(2) In making its determination regarding release, the board hearing panel 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 offender will conform his/her behaviors to the requirements of 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 offender has taken advantage of opportunities for treatment, and whether the offender is clear of major disciplinary violations prior to the hearing;

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

(n) any statement of the victim or victims of the offense;

(o) whether parole at this time would diminish the seriousness of the offense; and

(p) 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; AMD, 2010 MAR p. 2816, Eff. 12/10/10.

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