Section 791.7715. Factors considered in granting or denying parole; psychological or psychiatric evaluations.

(1) Except as provided in section 34a of Act No.  232  of  the Public Acts of 1953, as amended, being S791.234a of the Michigan Compiled Laws, a prisoner shall not be released on parole until the parole board has considered all relevant facts and circumstances, including the prisoner's probability of parole as determined by the parole guidelines set forth in R 791.7716 and any crime victim's statement provided under section 21 of Act No. 87 of the Public Acts of 1985, as amended,   being S780.771 of the Michigan Compiled Laws.

(2)   The parole board may  consider  all  of  the   following    factors   in determining whether parole is in the best interests of society and  public safety:

(a)   The prisoner's criminal behavior, including all of the following:

(i)   The nature and seriousness of the offenses for which  the  prisoner  is currently serving.

(ii)   The number and frequency of prior criminal convictions.

(iii)   Pending criminal charges.

(iv)   Potential for committing further assaultive or property crimes.

(v)   Age as it is significant to the likelihood   of  further   criminal behavior.

(b)   Institutional adjustment, as reflected by the following:

(i)   Performance at work or on school assignments.

(ii)   Findings of guilt  on  major  misconduct charges   and   periods   of confinement in administrative segregation.

(iii)   Completion of recommended programs.

(iv)   Relationships with staff and other prisoners.

(v)   Forfeitures or restorations of good time or disciplinary credits.

(c)   Readiness for release as shown by the following:

(i)    Acquisition of a vocational skill or educational      degree     that     will assist in obtaining employment in the community.

(ii)   Job performance in the institution or on work-pass.

(iii)   Development of a suitable and realistic parole plan.

(d)  The prisoner's personal history and growth, including the following:

(i)   Demonstrated willingness to accept responsibility for past behavior.

(ii)   Employment history before incarceration.

(iii)   Family or community ties.

(e)          The prisoner's physical  and   mental  health,   specifically  any hospitalizations or treatment for mental illness  and   any  irreversible physical or mental condition which would reduce the likelihood that he or she would be able to commit further criminal acts.

(3)    The parole board may consider the prisoner's marital  history   and prior arrests that did  not  result  in  conviction  or  adjudication   of delinquency, but shall not base a denial of parole  solely   on   either   of these factors.

(4)   The parole board shall not consider any of the following in making a parole release decision:

(a)   A juvenile record that  a court has ordered  the   department  to expunge.

(b)   Information that is determined by the parole board to be inaccurate or irrelevant after a challenge and presentation of relevant evidence by a prisoner who has received a notice of intent to conduct an interview as provided in R 791.7701. This subrule applies   only   to    presentence investigation reports prepared before April 1, 1983.

(5)      A prisoner being considered for parole shall receive psychological or psychiatric evaluation before the release decision is made  if   the prisoner has a history of any of the following:

(a)   Hospitalization for mental illness within the past 2 years.

(b)   Predatory or assaultive sexual offenses.

(c)   Serious or persistent assaultiveness within the institution.

History: 1979 AC; 1988 AACS; 1996 AACS.