83-192 Board of Parole; chairperson; powers; duties.
83-192. Board of Parole; chairperson; powers; duties.(1) The Board of Parole shall:(a) Determine the time of release on parole of committed offenders eligible for such release;(b) Fix the conditions of parole, revoke parole, issue or authorize the issuance of warrants for the arrest of parole violators, and impose other sanctions short of revocation for violation of conditions of parole;(c) Determine the time of discharge from parole;(d) Visit and inspect any facility, state or local, for the detention of persons charged with or convicted of an offense and for the safekeeping of such other persons as may be remanded to such facility in accordance with law;(e) Within two years after July 1, 2006, implement the utilization of a validated risk and needs assessment in coordination with the Department of Correctional Services and the Office of Parole Administration. The assessment shall be prepared and completed by the department or the office for use by the board in determining release on parole;(f) Review the record of every committed offender as follows:(i) If a committed offender has a parole eligibility date within five years of his or her date of incarceration, his or her record shall be reviewed annually;(ii) If a committed offender has a parole eligibility date which is more than five but not more than ten years from his or her date of incarceration, his or her record shall be reviewed during the first year of incarceration, and when he or she is within three years of his or her earliest parole eligibility date, his or her record shall be reviewed annually;(iii) If a committed offender has a parole eligibility date which is more than ten but not more than thirty years from his or her date of incarceration, his or her record shall be reviewed during the first year of incarceration, every five years thereafter until he or she is within five years of his or her earliest parole eligibility date, and annually thereafter;(iv) If a committed offender has a parole eligibility date which is more than thirty years from his or her date of incarceration, his or her record shall be reviewed during his or her first, tenth, and twentieth year of incarceration, and when he or she is within five years of his or her earliest parole eligibility date, his or her record shall be reviewed annually; and(v) If a committed offender is serving a minimum life sentence, his or her record shall be reviewed during the first year of incarceration and every ten years thereafter until such time as the sentence is commuted. If such sentence is commuted, the committed offender's record shall be reviewed annually when he or she is within five years of his or her earliest parole eligibility date.Such review shall include the circumstances of the offense, the presentence investigation report, the committed offender's previous social history and criminal record, his or her conduct, employment, and attitude during commitment, and the reports of such physical and mental examinations as have been made. The board shall meet with such committed offender and counsel him or her concerning his or her progress and prospects for future parole.The review schedule shall be based on court-imposed sentences or statutory minimum sentences, whichever are greater. Nothing in such schedule shall prohibit the board from reviewing a committed offender's case at any time;(g) Appoint and remove all employees of the board as prescribed by the State Personnel System and delegate appropriate powers and duties to them; and(h) Exercise all powers and perform all duties necessary and proper in carrying out its responsibilities of the board under the Nebraska Treatment and Corrections Act.(2) The chairperson of the board shall:(a) Supervise the administration and operation of the board;(b) Serve in an advisory capacity to the director in administering parole services within any facility and in the community;(c) Interpret the parole program to the public with a view toward developing a broad base of public support;(d) Conduct research for the purpose of evaluating and improving the effectiveness of the parole system;(e) Recommend parole legislation to the Governor;(f) Adopt and promulgate rules and regulations for the administration and operation of the board; and(g) Exercise all other powers and perform all other duties necessary and proper in carrying out his or her responsibilities as chairperson.(3) The provisions of this section shall not prohibit a committed offender from requesting that the board review his or her record, except that the board shall not be required to review a committed offender's record more than once a year. SourceLaws 1969, c. 817, § 23, p. 3085; Laws 1979, LB 322, § 65; Laws 1981, LB 545, § 43; Laws 1986, LB 1241, § 1; Laws 1992, Third Spec. Sess., LB 13, § 3; Laws 1994, LB 677, § 6; Laws 2006, LB 1113, § 50. Cross ReferencesState Personnel System, see section 81-1301 et seq.