North Dakota Administrative Code Title 59 - Parole Board
North Dakota Administrative Code Title 59 pertains to the Parole Board, which is responsible for making decisions about parole eligibility and releases for individuals incarcerated in state correctional facilities. The Parole Board reviews cases, evaluates whether offenders have met the conditions for early release, and makes determinations about parole, which is the conditional release of a prisoner before they have served their entire sentence.
The Board also plays a significant role in ensuring that parole decisions are made based on public safety, offender rehabilitation, and the interests of justice.
Title 59 – Parole Board
Purpose:
The purpose of Title 59 is to establish the regulations, processes, and procedures under which the North Dakota Parole Board operates. The Parole Board determines the eligibility for parole, sets the conditions for parole, and reviews the progress of parolees. The Board aims to balance public safety with the rehabilitation of offenders, making decisions that are both fair and responsible.
Key Provisions
Establishment and Role of the Parole Board:
The North Dakota Parole Board is an independent body that is responsible for making decisions regarding the early release of offenders from correctional facilities.
The Board's primary role is to assess whether individuals who have been convicted of crimes and are serving sentences in North Dakota prisons are suitable for parole based on their behavior, rehabilitation, and the severity of their offenses.
Parole Eligibility and Process:
Eligibility for Parole: Offenders may be eligible for parole based on the type and length of their sentence. Typically, parole eligibility occurs after an offender has served a certain portion of their sentence (e.g., a set number of years or after serving a mandatory minimum sentence).
Parole Hearing: Offenders seeking parole must attend a parole hearing before the Board, where they present evidence of their rehabilitation, good behavior, and readiness to reintegrate into society. The Parole Board may consider reports from corrections officers, psychologists, or other professionals.
Factors Considered by the Parole Board: When making a decision, the Parole Board takes several factors into account, including:
The nature and severity of the crime.
The offender's criminal history.
The offender's behavior in prison, including participation in rehabilitation programs.
The risk to public safety if the offender is released.
The impact on victims and the community.
Types of Parole Decisions:
Granting Parole: If the Parole Board determines that the offender is suitable for release, it may grant parole with specific conditions attached, such as regular reporting to a parole officer, mandatory drug testing, employment, or participation in treatment programs.
Denial of Parole: If the Parole Board believes the offender is not ready for release, it can deny parole. The offender may be scheduled for another parole hearing at a later date.
Deferred Parole: In some cases, the Parole Board may defer the parole decision, meaning the offender must serve additional time before becoming eligible for parole.
Conditions of Parole:
Supervision: Parolees are typically supervised by a parole officer, who ensures that they comply with the conditions set forth by the Parole Board. These conditions may include regular check-ins, maintaining employment, attending rehabilitation programs, and avoiding contact with victims or other individuals deemed inappropriate.
Violations of Parole: If a parolee violates the conditions of their parole, they may face revocation, which could result in returning to prison to serve the remainder of their sentence. Violations can include new criminal behavior, failure to report, substance abuse, or failure to attend mandated programs.
Revocation of Parole:
If a parolee violates the terms of their parole or commits a new crime, the Parole Board may revoke their parole and require them to serve the remaining portion of their sentence.
Parole Revocation Hearings: If the parolee is accused of violating the terms of their parole, a hearing will be held to determine whether the parole should be revoked. The Parole Board will review evidence and testimony before making a decision.
Release Decisions for Offenders Not Eligible for Parole:
Some offenders, particularly those serving life sentences or sentences for certain severe crimes, may not be eligible for parole. In these cases, the Board may recommend alternative forms of release, such as medical release for individuals with serious health conditions.
Victim Input and Rights:
Victim Impact Statements: Victims or their families may submit impact statements to the Parole Board. These statements are considered when making a parole decision, allowing the Board to understand the effects of the crime on the victim and their family.
Victim Notification: The Parole Board is required to notify victims and the public about parole hearings and decisions in certain cases, ensuring that victims have an opportunity to be heard and that their rights are respected.
Parole Board Hearings:
Scheduled Hearings: Parole hearings are typically scheduled in advance, and offenders seeking parole are notified of the hearing date. The offender has the opportunity to present evidence, testify, and request parole.
Board Members: The Parole Board is made up of appointed members who have experience in criminal justice, psychology, and law. They evaluate each case based on evidence presented at the hearing and the factors established in the relevant state laws and policies.
Parole Board Appeals:
Appealing a Denial: Offenders who are denied parole have the right to appeal the decision if they believe that the process was unfair or the decision was made in error. The appeal process allows the offender to present additional information or challenge the Parole Board's decision.
Judicial Review: In some cases, a judicial review of the Parole Board's decision may be requested if it is believed that the Board acted outside its authority or violated the law.
Board's Role in Re-entry and Rehabilitation:
The Parole Board is not only concerned with the offender’s eligibility for release but also with their ability to reintegrate into society. This includes ensuring that offenders have access to rehabilitation programs, education, job training, and housing before being released.
Rehabilitation Programs: The Board encourages participation in rehabilitation programs designed to address substance abuse, anger management, or mental health issues that may have contributed to the offender’s criminal behavior.
Significance of Title 59 – Parole Board
Public Safety: The Parole Board’s decisions directly impact public safety by assessing whether offenders are ready to re-enter society and whether they pose a risk to the community.
Rehabilitation and Reintegration: Title 59 ensures that offenders are given opportunities for rehabilitation and reintegration, with conditions designed to help them succeed on parole and avoid recidivism.
Victim Rights: The inclusion of victim impact statements and victim notification ensures that the Parole Board considers the rights and concerns of victims when making parole decisions.
Accountability: The Parole Board holds offenders accountable by setting conditions for parole, monitoring progress, and revoking parole when necessary to protect society.
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