03- 208 C.M.R. ch. 1, § I

Current through 2024-19, May 11, 2024

Section 208-1-I - THE PAROLE BOARD

A. PURPOSE

The Parole Board's purpose is to protect and enhance public community as law abiding members prior to the expiration of their sentences. Successful reintegration requires a parole program which continues institutional progress toward rehabilitation and is consistent with the safety of the community. Parole is a system designed to provide both supervision and assistance to the parolee in his re-establishment into the community.

Parole eligibility is regulated by statute. Eligibility differs with the type of sentence given and with the institution to which the prisoner is committed. ( 34-A M.R.S.A. §5803, §5804, s5805). On May 1, 1976, parole release became limited to offenders sentenced to Maine State Prison, Maine Correctional Center, or Women's Correctional Center for offenses committed prior to that date. Adult offenders who committed crimes after May 1, 1976 are not subject to parole release. ( P.L. 1975, C. 499, § 71 effective May 1, 1976)

In considering parole, the Board reviews the entire record of the inmate; including personal history, criminal record, institutional performance, and initiative toward reintegration into society. The Board also weighs the attitudes and plans expressed in a direct interview with the inmate and his/her representative.

Since each person has unique problems and needs, the Board may require a highly individualized parole plan and shall exercise its own judgment in determining whether or not to impose or remove specific conditions of parole. It is the responsibility of the parole officer to assist the Board in assuring that conditions of parole are met and the Board views the parole officer as counselor who can help the parolee either directly or through referral.

B. STRUCTURE

The Maine Parole Board is composed of five members with special training or experience in law, sociology, psychology,, or related branches of social science ( 34-A M.R.S.A. §5202 ). Members are appointed by the Governor for a term of four years ( 34-A M.R.S.A. § 5303 ). The Board must meet at least once every two months and may meet otherwise as often an necessary [ 34-A M.R.S.A. §5206(3) ]. Three members constitute a quorum, Id.

The Board shall have an Administrative Assistant, who may interview inmates and make written recommendations to the Board concerning disposition in certain cases, but the recommendation of the Administrative Assistant must be considered at a regular Board Meeting.

C. POWERS AND DUTIES

1. Duties ( 34-A M.R.S.A. §5210 ) The Board shall:

a. Time of parole. Determine the time of parole for each committed offender;

b. Parole Revocation. Revoke parole when warranted due to a parole violation;

c. Discharge from parole. Determine the time of discharge of Parole from parole supervision; and

d. Advice to Governor. When requested by the Governor, advise him concerning applications for pardon, reprieve, or commutation:

(1) The Board shall hold hearings, cause an investigation to be made and collect records to determine the facts and circumstances of a committed offender's crime, past criminal record, social history and physical and mental condition as may bear on the application.

(2) The Board shall make recommendations regarding action by the Governor on the application.

(3) All information obtained under this subsection, and any report furnished to the Governor under this subsection, is confidential.

2. Powers ( 34-A M.R.S.A. §5211 )

a. Rules. The Board may promulgate rules, in accordance with the Administrative Procedure Act, 5 M.R.S.A., §§8051 et seq., pertaining to its functions set out In this chapter.

b. Restitution. The Board may authorize and impose as a condition of parole that the person make restitution to his victim or other authorized claimant in accordance with 17-A M.R.S.A. §§1321 et. seq.

c. Quasi-Judicial powers. The Board, or any member of the Board, may In the performance of official duties:

(1) Issue subpoenas;

(2) Compel the attendance of witnesses;

(3) Compel the production of books, papers and other documents pertinent to the subject of its inquiry; and

(4) Administer oaths and take the testimony of persons under oath.

d. Grant or denial of parole. The Board may grant or deny parole in accordance with the following procedures:

(1) If the recommendation of the Administrative Assistant under 34-A M.R.S.A. §5209(4), is to grant parole, the Board may make a final decision granting parole without a hearing.

(2) If the recommendation of the Administrative Assistant is to deny parole, the Board shall afford the committed offender a hearing before the Board and the Board may not deny parole without affording the committed offender a hearing.

03- 208 C.M.R. ch. 1, § I