03-208-1 Me. Code R. § III

Current through 2024-46, November 13, 2024

Section 208-1-III - PAROLE CONDITIONS

A. PAROLE CONDITIONS

Parole allows an inmate to remain in the community as long as he adheres to certain conditions imposed by the Board. These conditions are set forth in the Parole Certificate (Appendix page 26) which is signed by the inmate. His signature indicates acceptance of these conditions and acknowledgment that non-compliance may result in return to the institution.

Conditions are of two varieties: Those uniformly imposed on all parolees, and those imposed on a case-by-case basis according to the rehabilitative need of the individual offender or for further community protection.

1. General Conditions are:

a. I will comply with all federal, state, and municipal laws.

b. I will report regularly to my parole officer, as instructed.

c. Before I change my residence, I will report to my parole officer in person and inform him, of my new address.

d. I will make a diligent effort to maintain gainful employment unless excused by the Parole Board.

e. I will report to my parole officer in person before I change my employment; and if terminated, I will promptly notify my parole officer.

f. I will obtain permission from my parole officer prior to leaving the state. Should I leave the state without permission, I hereby do waive extradition to the State of Maine from any jurisdiction in or outside the United States where I may be found and also that I will not contest any effort by any jurisdiction to return me to the State of Maine.

g. I agree that upon being arrested, detained, or questioned by a law enforcement officer, I will identify myself as a parolee by presenting to the officer my Parolee Identification Card, which I will carry at all times. I also agree to advise my parole officer of this contact within 24 hours.

h. I will comply with any additional special conditions imposed by the Parole Board or temporarily imposed by my supervising parole officer.

2. Special Conditions vary, but in imposing them the Board is guided by the Following criteria:

a. Reasonable relationship between the condition imposed and the inmate's previous conduct, present situation and capabilities;

b. Reasonable balance between the community's safety, and the parolee's liberty and constitutional rights to freedom of expression and association;

c. Sufficient specificity to aid in supervision and conduct.

B. CHANGE IN SPECIAL CONDITIONS WHILE ON PAROLE

Either the Division of Probation and Parole or the parolee may initiate, in writing, a request for change in special conditions.

If the Division of Probation and Parole feels that special condition(s) should be added to the parole certificate, a parole officer may temporarily impose special conditions. The parole officer shall notify both the parolee and the Parole Board in writing of the special condition(s); the parolee shall be asked to sign the Notice of Change in Parole Condition(s) acknowledging his understanding of the conditions and his right to appeal its imposition (Notice of Change in Parole Conditions,, Appendix page 27). Any conditions provisionally imposed by the Division of Probation and Parole shall be reviewed by the Parole Board at its next regular meeting and the final- decision regarding imposition of new conditions is made by the Board.

If the parolee desires clarification of a condition or change in condition, he may apply to his parole officer or directly to the Board for consideration of a change in condition. If a parolee applies directly to the Board, his parole officer will be asked to comment on the parolee's request (Appendix page 27).

C. INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES

Maine is authorized to enter into compacts with other participating states for supervision of parolees ( 34-A M.R.S.A. §9801). Maine may be either a sending or receiving state. The Compact prescribes rules for the transfer, retaking and receiving of parolees.

03-208 C.M.R. ch. 1, § III