(a) Whenever the board considers the release of a prisoner for parole, the board shall order his release, if it is of the opinion after review of the records mandated in 9 GCA § 80.78, that: (1) his release is compatible with public safety and security and will not put victims’ safety or security in danger based on an assessment of the risk of prisoner to re-offend; (2) there is substantial likelihood that he will abide by law and conform to the conditions of parole; (3) his release at that time would not depreciate the seriousness of his crime nor promote disrespect for law; (4) his release would not have a substantially adverse effect on institutional discipline; and (5) he is of sufficient capacity and deemed likely to lead a law-abiding life when released and his continued correctional treatment, medical care, or vocational or other training in the institution will not substantially enhance his capacity to lead a law-abiding life when released at a later date. (b) In making its determination regarding a prisoner’s release on parole, the board may consider, to the extent relevant, the following factors: (1) the prisoner’s personality, including his age and maturity, stability, sense of responsibility and any apparent development in his personality which may promote or hinder his conformity to law; (2) the prisoner’s parole plan; (3) the prisoner’s ability and readiness to assume obligations and undertake responsibilities; (4) the prisoner’s family status and whether he has relatives who display interest in him or whether he has other close and constructive associations in the community; (5) the prisoner’s employment history, his occupational skills and training, and the stability of his past employment; (6) the type of home environment in which the prisoner plans to live;
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(7) the prisoner’s past use of narcotics or other harmful drugs, or past habitual and excessive use of alcohol; (8) the prisoner’s mental and physical make-up, including any disability or handicap which may affect his conformity to law; (9) the prisoner’s prior criminal record, including the nature and circumstances, recentness and frequency of previous offense; (10) the prisoner’s attitude toward law and authority; (11) the prisoner’s conduct in the institution, including whether he has taken advantage of the opportunities for self-improvement afforded by the institutional program; (12) the prisoner’s conduct and attitude during any previous experience of probation or parole and the recentness of such experience. SOURCE: cf. Govt. Code § 39106; *M.P.C. § 305.7; Mass. ch. 264, § 29. Amended by P.L. 35-057:3 (Nov. 25, 2019). COMMENT: While any competent parole board is sure to take these criteria and factors into account, the Legislature and the public are entitled to the greater assurance that this explicit provision may give. No “good time” provisions are retained. The power of the parole board to release the prisoner provides more than enough incentive to a prisoner to give a good account of himself while in prison. On the other hand, automatic “good time” credit may have the effect of requiring the release of potentially dangerous person before such a release is warranted in the judgment of the Director of Corrections and the parole board.