31-411

31-411. Parole or discharge; conditions of
parole; release under supervision of state department of
corrections; notice of hearing; exceptions

A. Any prisoner who has been certified as eligible for parole or absolute discharge
from imprisonment pursuant to section 31-412, subsection B or section 41-1604.09 shall be
given an opportunity to apply for release upon parole or for an absolute discharge from
imprisonment. The board of executive clemency shall not entertain any other form of
application or petition for the release upon parole or absolute discharge from
imprisonment of any prisoner.

B. A prisoner who is eligible for parole or absolute discharge from imprisonment
shall be given an opportunity to be heard either before a hearing officer designated by
the board or the board itself, at the discretion of the board.

C. If the hearing is heard by a hearing officer, the hearing officer shall make a
recommendation on application for parole or absolute discharge from imprisonment to the
board within thirty days after the hearing date. Within thirty days after the date of
the hearing officer's recommendations, the board shall review these recommendations and
either approve, with or without conditions, or reject the prisoner's application for
parole or absolute discharge from imprisonment. A prisoner who is eligible for parole or
absolute discharge from imprisonment shall not be denied parole or absolute discharge
from imprisonment without an opportunity to be heard before the board unless another form
of release has been granted.

D. If parole is granted, the prisoner shall remain on parole unless the board
revokes the parole or grants an absolute discharge from parole or until the prisoner
reaches the individual earned release credit date pursuant to section 41-1604.10. If the
prisoner violates a condition of parole but has not committed an additional offense, the
board may place the prisoner on electronic monitoring and order the defendant to
participate in a community accountability program pursuant to section 41-1609.05. If the
prisoner is still on parole on reaching the individual earned release credit date
pursuant to section 41-1604.10, the prisoner shall be terminated from parole but shall be
subject to revocation under section 41-1604.10. When the prisoner reaches the individual
earned release credit date the prisoner's parole shall be terminated and the prisoner
shall no longer be under the authority of the board.

E. During the period of time that the prisoner remains on supervised parole under
subsection D of this section, the board shall require as a condition of parole that the
prisoner pay a monthly supervision fee of not less than sixty-five dollars unless, after
determining the inability of the prisoner to pay the fee, the board requires payment of a
lesser amount. The supervising parole officer shall monitor the collection of the
fee. The board may also impose any conditions of parole it deems appropriate in order to
ensure that the best interests of the prisoner and the citizens of this state are
served. These conditions may include:

1. Participation in a rehabilitation program or counseling.

2. Performance of community restitution work.

F. Seventy per cent of the monies collected pursuant to subsection E of this
section shall be deposited, pursuant to sections 35-146 and 35-147, in the victim
compensation and assistance fund established by section 41-2407 and thirty per cent shall
be deposited in the community corrections enhancement fund established by section 31-418.

G. When parole or absolute discharge from imprisonment is denied, the board, within
ten days, shall prepare and deliver to the director of the state department of
corrections a written statement specifying the individualized reasons for the denial of
parole or absolute discharge from imprisonment unless another form of release has been
granted. The prisoner may view the written statement prepared by the board. Every
prisoner, having served not less than one year, may be temporarily released according to
the rules of the department one hundred eighty days before the expiration of the sentence
or the earned release credit date, whichever first occurs, if the director finds that the
release is in the best interest of the state. The releasee shall remain under the
control of the state department of corrections until expiration of the term specified in
the sentence. If the releasee violates any condition of release, the releasee may be
returned to custody without further process.

H. When a commutation, absolute discharge from imprisonment or parole is to be
considered, the board, on request and before holding a hearing on the commutation,
absolute discharge from imprisonment or parole, shall notify the attorney general, the
presiding judge of the superior court, the county attorney in the county in which the
prisoner requesting a commutation, absolute discharge from imprisonment or parole was
sentenced, and the victim of the offense for which the prisoner is incarcerated. The
notice to the victim shall be mailed to the last known address. The notice shall state
the name of the prisoner requesting the commutation, absolute discharge from imprisonment
or parole and shall set the month of hearing on the application. The notice to the
victim shall also inform the victim of the victim's right to be present and to submit a
written report to the board expressing the victim's opinion concerning the release of the
prisoner. No hearing concerning commutations, absolute discharge from imprisonment or
parole shall be held until fifteen days after the date of giving the notice. On mailing
the notice, the board shall file a hard copy of the notice as evidence that notification
was sent.

I. The provisions of this section requiring notice to the officials named in
subsection H of this section shall not apply:

1. When there is imminent danger of the death of the person convicted or
imprisoned.

2. When the term of imprisonment of the applicant is within two hundred ten days of
expiration.