46-23-202. Investigation of prisoner by board or board's designee. (1) Within the 2 months prior to a prisoner's official parole eligibility date or as soon after that date as possible, the prisoner shall make an initial appearance before the board or the board's designee as provided for in 46-23-104(4), except that if the offense was committed prior to March 20, 1989, the initial appearance must be before at least one member of the board. The board shall consider all pertinent information regarding the prisoner, including:
     (a) the circumstances of the offense;
     (b) the prisoner's previous social history and criminal record;
     (c) the prisoner's conduct, employment, and attitude in prison; and
     (d) the reports of any physical and mental examinations that have been made.
     (2) Before a prisoner may be paroled, the board or its designee shall:
     (a) conduct a hearing and interview the prisoner, except that if the offense was committed prior to March 20, 1989, the hearing must be before at least one member of the board. At the time of the hearing, the board or its designee must receive relevant statements from interested persons and any person may be represented by counsel. The board has the power to regulate procedures at all hearings.
     (b) permit a victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the prisoner should be paroled. In the board's discretion, the victim's statement may be kept confidential. The board shall consider the victim's statement, along with the information provided under subsection (1), in determining whether to grant parole.

     History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(3); amd. Sec. 1, Ch. 45, L. 1983; amd. Sec. 4, Ch. 579, L. 1993; amd. Sec. 22, Ch. 125, L. 1995; amd. Sec. 5, Ch. 372, L. 1995; amd. Sec. 2, Ch. 450, L. 1999; amd. Sec. 2, Ch. 425, L. 2001.