Under the sentencing law in existence before Truth-in-Sentencing, an inmate becomes eligible for parole consideration after serving one-quarter  of his or her sentences (or six months, which ever is greater). At the interview, a Parole Commissioner will gather information needed to determine if the offender will be granted a parole. Interviews are conducted at the institution where the offender is incarcerated. There are no "courtrooms" at institutions, so the rooms chosen for these hearings are usually offices or small conference rooms. An offender granted parole will be released and will not need another Parole Interview.

If the Parole Interview does not result in a grant, there will be a comment from the Parole Commissioner as to when the offender may be eligible for Parole again. This is called a defer. For example, offenders may be given a "12-month defer" or a "24-month defer", etc., and their Parole Eligibility Dates (P.E.D.) will change accordingly. This means that the offender will not again be eligible for parole until that amount of time has passed. Other than the first interview (which occurs one month before the P.E.D.), all other Parole Interviews will occur approximately two months before the new Parole Eligibility Dates.

In cases where a judge has stipulated that an offender has no Parole Eligibility Date, the offender will actually serve the entire sentence, without any consideration for parole. Those serving a life sentence may or may not be parole eligible depending upon the date of the commission of their crime.

Parole Commission members review many things when considering parole for an offender. Some examples of things reviewed include offense(s) committed, previous convictions, time served and time remaining on the sentence, letters from victims/witnesses or concerned parties, program participation, and any reports of misconduct while incarcerated.

Criteria for Parole

The following criteria are considered for parole consideration:

• Reached the Parole Eligibility Date in his or her sentence.
• Served sufficient time for punishment of his or her crime(s).
• Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement.
• A viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming if needed.
• An acceptably reduced level of risk to the public. (The criteria for determining risk include past criminal and incarceration record, probation and parole violations, security classification, and any unmet treatment or programs needs.)

Truth-In-Sentencing

Under the new Truth-in-Sentencing laws, any person who commits a felony offense on or after December 31, 1999, and is sentenced to at least one year of confinement in prison will not be eligible for parole. They are required to serve the entire sentence imposed by the Court. However, offenders who violate prison rules may have additional days added to the confinement portion of their sentence.

Upon completion of the confinement portion of their sentence, an offender must serve a period of Extended Supervision in the community under the supervision of a Department of Corrections Community Corrections agent. At the time of sentencing, a judge determines the length of confinement and the length of Extended Supervision an offender must serve. By law, the length of Extended Supervision must be at least ¼ of the time of confinement.

For offenders that have committed a felony on or after 12/31/99 under the new Truth-in-Sentencing law, early parole consideration is not available. Again, the judge determines the length of time served in prison and the length of time on Extended Supervision.