12-59 Parole
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<![CDATA[CHAPTER 12-59PAROLE12-59-01. State parole board - Membership. The state parole board consists of sixmembers, who must be qualified electors of the state, appointed by the governor for terms of<br>three years, arranged so that the terms of two members must expire on December thirty-first of<br>each year. One of the members must be a person experienced in law enforcement, which may<br>include experience as a prosecuting attorney, one must be a licensed attorney, and four must be<br>persons qualified by special experience, education, or training. The governor may only remove a<br>member of the parole board for disability, inefficiency, neglect of duty, or malfeasance in office.12-59-02. Meetings - Compensation - Rules. The governor shall appoint a member ofthe parole board to be chairman.The chairman of the parole board shall designate threemembers of the parole board for each meeting of the parole board. Meetings of the parole board<br>must be held in accordance with rules established by the parole board and must be held as often<br>as required to properly conduct the business of the board, but in any event not less than six times<br>per year. The parole board may only take action upon the concurrence of at least two members<br>who participated in the same meeting. The final decision of at least two parole board members<br>who participated in the same parole board meeting constitutes the decision of the parole board.<br>Members are entitled to be compensated at the rate of seventy-five dollars per day for each day<br>actually and necessarily spent in the performance of their duties as board members plus the<br>same mileage and expenses as are authorized for state officials and employees. The director of<br>the department of corrections and rehabilitation or the director's designee is the clerk for the<br>parole board.12-59-03. Supplies - Regulations governing parole. The board shall provide books ofrecord, application blanks, and such other supplies as are necessary to the performance of its<br>duties. It shall formulate rules and regulations governing the manner in which inmates may<br>become eligible to apply for discharge on parole.12-59-04.Parole records - Inspection.All parole records of the department ofcorrections and rehabilitation obtained in the discharge of official duty by any member of the<br>parole board or employee of a division or department of the department of corrections and<br>rehabilitation on behalf of the parole board may not be disclosed except in the manner provided<br>under section 12-47-36. An application for parole and the decision of the parole board on the<br>application are open records.12-59-05.Consideration by board.Applications for parole must be reviewed inaccordance with the rules adopted by the parole board. The board shall consider all pertinent<br>information regarding each applicant, including the circumstances of the offense, the<br>presentence report, the applicant's family, educational, and social history and criminal record, the<br>applicant's conduct, employment, participation in education and treatment programs while in the<br>custody of the department of corrections and rehabilitation, and the applicant's medical and<br>psychological records.12-59-06.General powers of board.The board may issue process requiring thepresence of any person or officer before it, with or without books and papers, in any matters<br>pending before said board. If any such person or officer disobeys the order of the board, the<br>chairman, or acting chairman, of such board may apply to any judge of the district court for an<br>order requiring the attendance of such person or officer, with or without books and papers<br>described in the process. The failure of any such person or officer to comply with such order of<br>the district court shall be held to be a contempt of court and shall be punishable accordingly. Any<br>member of the board, the parole officer, or anyone appointed by the board to secure information<br>for said board shall have the power to examine witnesses and records and to administer oaths to<br>witnesses. The board may employ psychiatrists or specialists for mental or medical examination<br>of applicants and may take such reasonable steps as it may deem necessary for proper<br>determination of any matters before it.Page No. 112-59-07.Requirements precedent to parole.The parole board may grant anapplication for parole if the board is convinced the applicant will conform to the terms and<br>conditions of parole the board or the department of corrections and rehabilitation may establish<br>for the applicant. The department of corrections and rehabilitation may establish intermediate<br>conditions of parole, including incarceration for a period of seventy-two hours and restitution,<br>subject to the subsequent approval of the parole board.12-59-08. Application for parole - Emergency paroles. An applicant for parole shallfile an application with the department of corrections and rehabilitation. The parole board may<br>consider the application at a meeting scheduled by the chairman. The board may request an<br>applicant to personally appear before the board before the board makes a decision on an<br>application. The board may grant or deny parole, or grant a conditional parole, or continue its<br>consideration to another meeting.In the event of an application for emergency parole, twomembers of the parole board may grant emergency parole, subject to terms and conditions of<br>emergency parole that may be established by two members of the parole board or by the<br>department of corrections and rehabilitation. An applicant who receives parole remains in the<br>legal custody of the department of corrections and rehabilitation until the expiration of the<br>maximum term or terms of imprisonment for which the applicant was sentenced, less any<br>sentence reduction the applicant has received.12-59-09. Contents of application for parole. An application for parole must be inwriting, addressed to the department of corrections and rehabilitation, and must be signed by the<br>applicant or some person in the applicant's behalf.12-59-10.Notice of application for parole.The department of corrections andrehabilitation shall provide written notice of an application for parole to the district court and<br>state's attorney's office in the county or counties where judgment of conviction was entered<br>against the applicant. The notice must include the name of the applicant, the date of entry and<br>docket number of the criminal judgment, the crime or crimes stated in the criminal judgment, and<br>the date and place for the meeting on the application.12-59-11. Posting of notice of application in certain cases. Repealed by S.L. 1973,ch. 116, </p>
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