HEARING PROCEDURE

(1) An eligible offender may apply and come before a board hearing panel or an out of state releasing authority for nonmedical parole consideration within two months of time fixed by law as calculated by the prison records department. During the parole hearing the hearing panel will consider all pertinent information regarding each eligible offender including:
(a) the circumstances of the offender's current offense and any other offenses the offender has committed;
(b) the offender's social history and criminal record;
(c) the offender's prison record including disciplinary conduct, work history, treatment programs, classification and placement, and adjustment to prison; and
(d) any physical or psychological reports done on the offender.


(2) The presiding board member shall conduct hearings informally and shall have discretion to allow or not allow any proposed testimony. Board staff shall make a record of all hearings.

(3) Interested persons who wish to appear before the board must:
(a) notify the board in writing not less than ten working days prior to the regularly scheduled hearing; and
(b) inform the board staff of the reason they wish to appear before the board and the relationship of the person to the offender at whose hearing the person intends to appear.

(4) Interested persons may submit written comments about an offender's possible parole to board staff at any time before the hearing. The hearing panel will give interested persons' comments due consideration at the offender's hearing.

(5) A victim may present a statement concerning:
(a) the effects of the crime on the victim;
(b) the circumstances surrounding the crime; and
(c) the victim's opinion regarding whether the board should grant the offender parole.

(6) At the presiding hearing panel member's discretion, the victim's statement and testimony will be kept confidential if the presiding member finds the victim's privacy interest outweighs the public's right to know.

(7) The board shall consider the victim's statement along with the other information presented in determining whether to grant parole.

(8) The presiding hearing panel member may close a hearing to hear or consider confidential information.
(a) Information is confidential when the presiding member finds a person's privacy interest outweighs the public's right to know.
(b) When the hearing panel has finished hearing or discussing the confidential information, it shall reopen the meeting and complete the hearing in public.

(9) When the board denies an offender parole, it must give the offender written notification of the decision and include reason(s) for the decision and when the offender may reapply for parole consideration.

(10) The board will consider an eligible offender for parole release even if the offender does not submit an application for parole. The board will render a decision based on the written record and on the fact that the offender did not apply for parole.

(11) The board may conduct hearings via two-way interactive video teleconferencing and may conduct administrative reviews by means of telephone conference.

(12) Board hearings are open to the public; however, all persons attending hearings that take place in a secure facility must gain approval to enter the facility from the facility's chief of security or designee as required by the facility's policy. While at the facility, persons must comply with the facility's policies including applicable security policies. The facility may exclude or escort from the facility any person who fails to gain approval to enter the facility or fails to comply with the facility's policies. At the discretion of the hearing panel additional witnesses may be heard outside of the secure facility.

(13) Offenders who appear for parole hearings may have a representative, including an attorney, present with them.

(14) At the conclusion of the hearing, the board will either notify the offender of the board's decision and the reasons for the decision or the board may take the decision under advisement.