W. Va. Code R. § 92-1-6

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 92-1-6 - Factors in Decision

6.1. The Parole Board makes its decisions based upon a structured, informed and evidence based process using formal parole guidelines. In the consideration of release of an inmate on parole, the Panel will consider positive and negative factors in all the aforesaid areas and not confine its inquiry to particular areas to the exclusion of others. In considering whether parole should or should not be granted to any inmate, the Panel shall consider the following factors:

6.1.a. Evidence based factors such as offense severity, risk assessment, program participation/completion and misconduct history. The Parole Guidelines scoring will inform the Panel in the exercise of its discretion;

6.1.b. Whether the inmate has satisfactorily participated in institutional education, work, therapeutic or treatment programs, and has complied with the recommendations of the IRPP;

6.1.c. Whether the inmate has previously been on home confinement, parole, probation, community corrections, or other supervision, and if so, how the inmate behaved thereon and the circumstances of any violations;

6.1.d. The sentiment expressed by members of the community, victims of the crime(s) committed by the inmate, and criminal justice officials, if any such sentiment be available;

6.1.e. The facts and circumstances of the crime;

6.1.f. The demeanor of the inmate during the interview and the attitudes expressed with regard to prior criminal behavior, to social morals and law;

6.1.g. The inmate's prior criminal record, if any;

6.1.h. The results of any available physical, mental or psychological/psychiatric examinations. Psychological exams must be conducted for sexual offenders. Other inmates' crimes may dictate a psychological exam be conducted if directed by the Division through their psychological assessment and screening;

6.1.i. Whether the inmate has been convicted of a new crime while incarcerated, or has been found guilty of violating any Class I or Class II institutional disciplinary rules; and

6.1.j. Any other factor which may tend to indicate whether or not the inmate constitutes a reasonable risk to safety or property if released on parole.

6.2. The Panel will consider positive and negative factors in all the aforesaid areas and not confine its inquiry to particular areas to the exclusions of others. The Panel shall assess all factors together to determine whether:

6.2.a. The inmate can and will conduct himself or herself in a lawful manner if released; and

6.2.b. Whether release is in the best interests of society considering public safety and rehabilitation goals.

6.3. In the consideration of release of an inmate on accelerated parole, the Panel must consider all the aforementioned factors, verify eligibility requirements and program completion. If denying accelerated parole the Panel must give written rebuttable reasons to justify the denial.

6.4. Special parole considerations for persons convicted as juveniles.

6.4.a. When a person who is serving a sentence imposed as the result of an offense or offenses committed when he or she was less than eighteen years of age becomes eligible for parole pursuant to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven, chapter sixty-one thereof, the parole board shall ensure that the procedures governing its consideration of the person's application for parole ensure that he or she is provided a meaningful opportunity to obtain release and shall adopt rules and guidelines to do so that are consistent with existing case law.

6.4.b. During a parole hearing involving a person described in subsection (a) of this section, in addition to other factors required by law to be considered by the parole board, the parole board shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner during incarceration. The board shall also consider the following:

6.4.b.1. A review of educational and court documents;

6.4.b.2. Participation in available rehabilitative and educational programs while in prison;

6.4.b.3. Age at the time of the offense;

6.4.b.4. Immaturity at the time of the offense;

6.4.b.5. Home and community environment at the time of the offense;

6.4.b.6. Efforts made toward rehabilitation;

6.4.b.7. Evidence of remorse; and

6.4.b.8. Any other factors or circumstances the board considers relevant.

W. Va. Code R. § 92-1-6