Nebraska Administrative Code Topic - PAROLE BOARD
Background
The Nebraska Parole Board operates under the Nebraska Administrative Code to:
Make decisions on parole eligibility and release
Conduct revocation hearings for parole violations
Oversee conditions of parole and supervision
Ensure public safety while promoting rehabilitation of offenders
The following cases illustrate how the NAC rules are applied in practical scenarios.
Case 1: Parole Denial Due to Risk Assessment
Issue
An inmate was denied parole due to a high risk of reoffending based on NAC guidelines.
Facts
Inmate eligible for parole after serving a minimum sentence.
Parole Board conducted a risk assessment considering criminal history, institutional behavior, and psychological evaluation.
Assessment indicated high likelihood of recidivism.
Rules Applied
NAC Title 95, Chapter 2, Section 001 – Parole eligibility criteria
NAC Title 95, Chapter 3, Section 010 – Risk assessment procedures
Board’s Analysis
Board must weigh public safety and risk of reoffending.
High-risk ratings justify denial even if inmate has served minimum sentence.
Outcome
Parole denied
Inmate scheduled for reconsideration at next eligibility review
Institutional programming recommendations provided to reduce risk
Key Lesson
Parole decisions prioritize public safety and evidence-based risk assessment.
Case 2: Parole Granted with Special Conditions
Issue
Parole granted with strict supervision conditions to mitigate risk.
Facts
Inmate demonstrated rehabilitation efforts, including completing educational and vocational programs.
Psychological evaluation indicated moderate risk if support and supervision are provided.
Rules Applied
NAC Title 95, Chapter 2, Section 005 – Conditions of parole
NAC Title 95, Chapter 3, Section 015 – Supervision and reporting requirements
Board’s Analysis
Inmate eligible for parole but requires structured environment to reduce recidivism.
Special conditions tailored to rehabilitation and public safety needs.
Outcome
Parole granted with GPS monitoring, mandatory counseling, and restricted association orders
Regular reporting to parole officer required
Parolee subject to immediate revocation if conditions violated
Key Lesson
Parole can be conditional; structured supervision is used to protect public and support reintegration.
Case 3: Parole Revocation for Violation
Issue
Parole revoked after offender violated conditions of release.
Facts
Offender failed to report as scheduled to parole officer.
Positive drug test confirmed substance abuse.
Rules Applied
NAC Title 95, Chapter 4, Section 005 – Revocation hearings
NAC Title 95, Chapter 4, Section 010 – Conditions and violations
Board’s Analysis
Parole violations trigger administrative review to assess risk and compliance.
Substance abuse and failure to report constitute serious violations.
Outcome
Parole revoked
Offender returned to custody to serve remaining sentence
Reconsideration eligible after completing substance abuse program
Key Lesson
Violation of conditions, even minor or first-time, can result in revocation to maintain accountability.
Case 4: Denial of Parole for Victim Impact Considerations
Issue
Parole denied after reviewing the impact of the offense on the victim and community.
Facts
Offender committed violent crime with significant emotional and financial impact on the victim.
NAC requires victim input in parole decisions.
Rules Applied
NAC Title 95, Chapter 2, Section 020 – Victim input consideration
NAC Title 95, Chapter 2, Section 025 – Balancing rehabilitation and victim/community impact
Board’s Analysis
Victim statements and potential harm are essential factors in parole consideration.
Even with rehabilitative progress, the offender may not be suitable for release.
Outcome
Parole denied
Offender required to participate in restorative programs while incarcerated
Next review scheduled according to eligibility guidelines
Key Lesson
Victim impact and community safety are integral to parole decisions.
Case 5: Parole Granted for Elderly or Medically Vulnerable Offender
Issue
Parole granted due to age, health conditions, and low risk of reoffending.
Facts
Offender elderly and in poor health
No history of violent behavior
Completed institutional programs and maintained good behavior
Rules Applied
NAC Title 95, Chapter 2, Section 030 – Compassionate parole considerations
NAC Title 95, Chapter 3, Section 020 – Medical and risk evaluations
Board’s Analysis
Parole may be granted for humanitarian reasons if public safety is not compromised.
Medical vulnerability and low risk reduce concern about recidivism.
Outcome
Parole granted with standard supervision conditions
Health monitoring coordinated with local authorities
Parolee required to report medical changes to parole officer
Key Lesson
Humanitarian factors can influence parole decisions, but public safety remains primary.
Case 6: Parole Contingent on Treatment Program Completion
Issue
Parole contingent upon successful completion of substance abuse or mental health program.
Facts
Offender eligible for parole but required additional rehabilitation.
NAC allows conditional parole with clear performance benchmarks.
Rules Applied
NAC Title 95, Chapter 2, Section 005 – Conditions of parole
NAC Title 95, Chapter 3, Section 015 – Program compliance and supervision
Board’s Analysis
Conditional parole ensures offender continues rehabilitation while reintegrating into community.
Monitoring and reporting ensure compliance with treatment requirements.
Outcome
Parole granted with program completion requirement
Failure to complete program triggers immediate review or revocation
Parole officer monitors progress weekly
Key Lesson
Conditional parole links release to ongoing rehabilitation efforts.
Case 7: Emergency Parole Consideration for Institutional Overcrowding
Issue
Parole considered to relieve overcrowding while maintaining public safety.
Facts
Facility over capacity
Eligible non-violent offenders assessed for early parole under NAC guidance
Rules Applied
NAC Title 95, Chapter 2, Section 035 – Emergency or expedited parole procedures
NAC Title 95, Chapter 3, Section 025 – Risk assessment in expedited parole
Board’s Analysis
Public safety risk assessment remains priority despite institutional pressure.
Only low-risk, non-violent offenders considered under expedited process.
Outcome
Select offenders granted early parole with enhanced supervision
Monitoring and compliance reporting enforced strictly
Board documented decision process to maintain transparency
Key Lesson
Even in emergencies, parole decisions must balance public safety and rehabilitation.
Overall Themes from Nebraska Parole Board Cases
Public safety is paramount: Risk assessments guide nearly all decisions.
Compliance and supervision: Violations result in revocation or corrective action.
Victim and community impact: Integral to parole eligibility decisions.
Conditional parole: Parole can be granted contingent on treatment or monitoring.
Humanitarian considerations: Age, health, or low risk can influence decisions.
Transparency and accountability: Emergency or exceptional decisions require documentation and justification.
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