31-412

31-412. Criteria for release on parole;
release; custody of parolee; definition

A. If a prisoner is certified as eligible for parole pursuant to section 41-1604.09
the board of executive clemency shall authorize the release of the applicant on parole if
the applicant has reached the applicant's earliest parole eligibility date pursuant to
section 41-1604.09, subsection D and it appears to the board, in its sole discretion,
that there is a substantial probability that the applicant will remain at liberty without
violating the law and that the release is in the best interests of the state. The
applicant shall thereupon be allowed to go on parole in the legal custody and under the
control of the state department of corrections, until the board revokes the parole or
grants an absolute discharge from parole or until the prisoner reaches the prisoner's
individual earned release credit date pursuant to section 41-1604.10. When the prisoner
reaches the prisoner's 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 but
shall be subject to revocation under section 41-1604.10.

B. Notwithstanding subsection A of this section, the director of the state
department of corrections may certify as eligible for parole any prisoner, regardless of
the classification of the prisoner, who has reached the prisoner's parole eligibility
date pursuant to section 41-1604.09, subsection D, unless an increased term has been
imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to
the custody of any other jurisdiction to serve a term of imprisonment imposed by the
other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for
the sole purpose of parole to the custody of the state department of corrections to serve
any consecutive term imposed on the prisoner. On review of an application for parole
pursuant to this subsection the board may authorize parole if, in its discretion, parole
appears to be in the best interests of the state.

C. A prisoner who is otherwise eligible for parole, who is not on home arrest or
work furlough and who is currently serving a sentence for a conviction of a serious
offense or conspiracy to commit or attempt to commit a serious offense shall not be
granted parole or absolute discharge from imprisonment except by one of the following
votes:

1. A majority affirmative vote if four or more members consider the action.

2. A unanimous affirmative vote if three members consider the action.

3. A unanimous affirmative vote if two members consider the action pursuant to
section 31-401, subsection I and the chairman concurs after reviewing the information
considered by the two members.

D. The board, as a condition of parole, shall order a prisoner to make any
court-ordered restitution.

E. Payment of restitution by the prisoner in accordance with subsection D of this
section shall be made through the clerk of the superior court in the county in which the
prisoner was sentenced for the offense for which the prisoner has been imprisoned in the
same manner as restitution is paid as a condition of probation. The clerk of the
superior court shall report to the board monthly whether or not restitution has been paid
for that month by the prisoner.

F. The board shall not disclose the address of the victim or the victim's immediate
family to any party without the written consent of the victim or the victim's family.

G. For the purposes of this section, "serious offense" includes any of the
following:

1. A serious offense as defined in section 13-706, subsection F, paragraph 1,
subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).

2. A dangerous crime against children as defined in section 13-705. The citation
of section 13-705 is not a necessary element for a serious offense designation.

3. A conviction under a prior criminal code for any offense that possesses
reasonably equivalent offense elements as the offense elements that are listed under
section 13-705, subsection P, paragraph 1 or section 13-706, subsection F, paragraph 1.