§ 13-8-14 - Release criteria.
SECTION 13-8-14
§ 13-8-14 Release criteria. – (a) A permit shall not be issued to any prisoner under the authority of§§ 13-8-9 -13-8-13 unless it shall appear to the parole board:
(1) That the prisoner has substantially observed the rules ofthe institution in which confined, as evidenced by reports submitted to theboard by the director of the department of corrections, or his or herdesignated representatives, in a form to be prescribed by the director;
(2) That release would not depreciate the seriousness of theprisoner's offense or promote disrespect for the law;
(3) That there is a reasonable probability that the prisoner,if released, would live and remain at liberty without violating the law;
(4) That the prisoner can properly assume a role in the cityor town in which he or she is to reside. In assessing the prisoner's role inthe community the board shall consider:
(i) Whether or not the prisoner has employment;
(ii) The location of his or her residence and place ofemployment; and
(iii) The needs of the prisoner for special services,including but not limited to, specialized medical care and rehabilitativeservices; and
(5) That any and all restitution imposed pursuant to §12-19-32 has been paid in full, or satisfactory arrangements have been madewith the court if the person has the ability to pay. Any agreement shall be inwriting and it is the burden of the person seeking parole to satisfy the paroleboard that this requirement has been met. Any person subject to the provisionsof this section may request an ability to pay hearing, by filing the requestwith the court which imposed the original sentence.
(b) In the case of a prisoner sentenced to imprisonment forlife who is released on parole and who is subsequently convicted of a crime ofviolence as defined in § 11-47-2, the conviction shall constitute anautomatic revocation of parole and the prisoner shall not be eligible forparole thereafter.
(c) In the case of a prisoner convicted of a crime ofviolence as defined in § 11-47-2 and subsequently released on parole,should the prisoner, while on parole, commit an offense which results in asentence of imprisonment for life, the conviction shall constitute an automaticrevocation of parole and the prisoner shall not thereafter be eligible forparole.