Section 1.09. Presumptive mandatory release review.

 

(1)  For an inmate who is subject to PMR and who has been deferred to the mandatory release date of the PMR offense or has waived consideration but is approaching the mandatory release date, a commissioner shall conduct a review two months prior to the mandatory release date.

(2)  The institution responsible for scheduling release consideration shall give the inmate at least a 15-day written notice of the interview. When notification is not timely, the 15 day requirement may be waived by the inmate. If the inmate does not waive, consideration will be postponed until notice can be given.

(3)  An inmate may waive appearance at the interview, which will result in the commissioner issuing a decision based on available information.

(4)  If an inmate is unavailable for the interview, a commissioner may issue a decision based on available information or may re-schedule an interview if time allows.

(5)  The inmate shall have access at the correctional institution where the inmate is confined to the documentary information considered by the commissioner, except information determined to be confidential may not be disclosed.

(6)  During the PMR interview, the inmate shall be afforded the opportunity to provide relevant information for the commissioner's consideration including the opportunity to comment on perceived errors of material fact in the record.

(7)  The commissioner's decision shall be based on information available, including file material and any other relevant information.

(8)  Presumptive mandatory release may be denied for protection of the public or due to refusal by the inmate to participate in counseling or treatment deemed necessary.

(9)  If a commissioner denies PMR release, the commission shall schedule a subsequent review to consider whether circumstances have changed and the inmate meets the criteria for release.

(10)  An inmate may be held until his or her maximum discharge date.

(11)  If the commissioner does not deny PMR, the inmate shall be released to parole supervision.

(12)  The interview shall be recorded. A transcript shall be prepared only upon an order of the court which has jurisdiction over a petition for judicial review of the decision.

History: EmR0940 : emerg. r. and recr. eff. 12-31-09; CR 09-119 : cr. Register November 2010 No. 659 , eff. 12-1-10.