SB 438 - This act provides that an offender shall be eligible to receive a parole hearing after serving 30 years or more of his or her sentence if such offender:• Is incarcerated in a correctional facility after being sentenced by a court;
• Is 65 years of age or older; and
• Has no felony convictions for the offense of murder in the first degree.
During the parole hearing, the parole board shall determine if there is a reasonable probability the offender will not violate the law upon release. If the board determines a reasonable probability exists, the offender shall be eligible for release upon a find that the offender has a record of good conduct while incarcerated, demonstrated self-rehabilitation, developed a workable parole plan, and has a risk factor and mental health score as provided in the act.
Any offender released under this act shall be subject to a minimum of five years of supervision by the board. If the board does not grant parole to an offender who qualifies under this act, the offender shall be eligible for a parole reconsideration hearing every two years until a presumptive release date is established.
This act is identical to SB 1218 (2024), SB 581 (2023), SB 995 (2022), HB 2134 (2022), and HB 1078 (2019) and substantially similar to SB 914 (2024), SB 1147 (2024), SB 147 (2023) and SB 714 (2022).
MARY GRACE PRINGLE