83-1,114. Board; deferment of parole; grounds.

(1) Whenever the board considers the release of a committed offender who is eligible for release on parole, it shall order his or her release unless it is of the opinion that his or her release should be deferred because:

(a) There is a substantial risk that he or she will not conform to the conditions of parole;

(b) His or her release would depreciate the seriousness of his or her crime or promote disrespect for law;

(c) His or her release would have a substantially adverse effect on institutional discipline; or

(d) His or her continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance his or her capacity to lead a law-abiding life when released at a later date.

(2) In making its determination regarding a committed offender's release on parole, the board shall give consideration to its decision guidelines as set forth in its rules and regulations and shall take into account each of the following factors:

(a) The offender's personality, including his or her maturity, stability, and sense of responsibility and any apparent development in his or her personality which may promote or hinder his or her conformity to law;

(b) The adequacy of the offender's parole plan;

(c) The offender's ability and readiness to assume obligations and undertake responsibilities;

(d) The offender's intelligence and training;

(e) The offender's family status and whether he or she has relatives who display an interest in him or her or whether he or she has other close and constructive associations in the community;

(f) The offender's employment history, his or her occupational skills, and the stability of his or her past employment;

(g) The type of residence, neighborhood, or community in which the offender plans to live;

(h) The offender's past use of narcotics or past habitual and excessive use of alcohol;

(i) The offender's mental or physical makeup, including any disability or handicap which may affect his or her conformity to law;

(j) The offender's prior criminal record, including the nature and circumstances, dates, and frequency of previous offenses;

(k) The offender's attitude toward law and authority;

(l) The offender's conduct in the facility, including particularly whether he or she has taken advantage of the opportunities for self-improvement, whether he or she has been punished for misconduct within six months prior to his or her hearing or reconsideration for parole release, whether any reductions of term have been forfeited, and whether such reductions have been restored at the time of hearing or reconsideration;

(m) The offender's behavior and attitude during any previous experience of probation or parole and how recent such experience is;

(n) The risk and needs assessment completed pursuant to section 83-192; and

(o) Any other factors the board determines to be relevant.

Source

Annotations

The expectancy of release created by this section is not entitled to constitutional protection. Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979).

The procedure in use under this section, which requires at least one hearing per year for each inmate, provides all necessary due process with respect to the discretionary parole decision. Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979).

The argument that a facially neutral parole policy has a racially disproportionate impact, and is unconstitutional, is without merit. Inmates of Nebraska Penal & Correctional Complex v. Greenholtz, 436 F.Supp. 432 (D. Neb. 1976).