03-208 C.M.R. ch. 1
I. PAROLE BOARD
A. Purpose B. Structure C. Powers and Duties
II. PAROLE RELEASE DECISION
A. Release Criteria B. Sources of Information C. Release Hearing Procedures
III. PAROLE CONDITIONS
A. Parole Conditions B. Change of Special Conditions While on Parole C. Interstate Compact for the Supervising of Parolees
IV. PAROLE REVOCATION
A. Grounds for Revocation B. Procedure
V. PETITION FOR CASE REVIEW
VI. DISCHARGE FROM PAROLE
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.
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 as 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.
The Parole Board has discretionary authority to grant or deny parole (34-A M.R.S.A. §5211, §5802). In making decisions, the Board attempts to balance the interests of society with the interests of the offender and, in each case, it must gauge the risk the granting of parole poses to the community.
In evaluating an inmate's case, the Board considers, but is not limited to, the following factors:
1. Adequacy of the Parole Plan. The Board expects the inmate to develop a definite plan with regard to re-entry into the community. The plan should reflect employment and/or educational objectives, living arrangements, and the availability of community resources capable of assisting the parolee.
2. Personal History. The Board considers the inmate's education, vocational training, and other occupational skills, employment
history, willingness to accept responsibility and history of drug, or excessive alcohol consumption.
3. Criminal History. The Board takes into account the seriousness of prior and instant criminal offenses, their frequency and time span and any pending charges.
4. Institutional Conduct. The Board looks at the inmate's institutional conduct, including participation in educational or other self improvement programs, and the nature and number of disciplinary proceedings.
5. Previous Probation or Parole. The Board reviews the number of previous probations or paroles and the inmate's prior conduct and attitude while on probation or parole.
6. Psychological Evaluations. The Board also considers psychological or psychiatric evaluations reflecting the inmate's mental or emotional make-up, and may request such Evaluations, if appropriate.
7. Recommendations Made by the Sentencing Court. The Board considers sentencing recommendations made by the court.
8. Recommendations and Field Observations. The Board considers observations and recommendations concerning the proposed parole program made by the investigating parole officer. Information is requested from the inmate concerning where and with whom he/she will reside, the proposed occupation or employment and any other facts the institutional parole officer deems appropriate. This information is submitted to a field officer who investigates the feasibility and desirability of the proposed program and makes a recommendation concerning the acceptability. A summary of the pre-parole investigation is included in the summary of the inmate's file to the Board.
The Parole Board obtains information from several sources:
1. The inmates institutional file, prepared by the institution and parole staff, containing information bearing on the factors mentioned above,
2. The inmate and/or his spokesman at the time of the hearing.
3. Statements by other interested persons such as victims, family of
the victim or family members or friends of the inmate.
4. Oral statements for the institutional staff and staff members from the Division of Probation and Parole who are present at the hearing.
5. Any other information direct or indirect from other sources which is relevant.
1. Pre-Parole Interview. In order to prepare the inmate for the parole hearing, a "pre-hearing" interview will be conducted for each inmate by the probation-parole officer assigned to the Correctional facility. This interview will be held approximately one (1) year before the inmate's projected parole eligibility date, at which time the inmate will be given a copy of the form entitled, "Initial Hearing Notice" (Appendix page 19-20). At this time, the release criteria, described in Section A above, will be reviewed carefully. The probation-parole officer will prepare the Inmate for the hearing with the Parole Board by stressing the importance of the presentation to the members. He will explain that at the parole hearing, the inmate must be prepared to describe his institutional behavior and the parole plan to include treatment and vocational programs which may enhance adjustment while on parole.
At least sixty (60) days prior to the release hearing, the inmate will be notified of the date of the release hearing (form entitled, "Hearing Notice". Appendix page 21). At that time, the probation-parole officer will again assist the inmate by reviewing his activities at the institution, the parole plan, and the inmate request form (Appendix page 22). He will inform the inmate that if the inmate feels he cannot adequately articulate his thoughts, or the issues are too complex for him to present himself, he may request the attendance of any responsible person to speak in his behalf; the inmate will be informed he has no right to legal counsel. If the inmate requests the attendance of a responsible spokesman, he will indicate the name of the individual on the Inmate Request Form (Appendix page 22).
2. The Release Hearing. Hearings are not open to the public and attendance, without prior Board approval, is limited to Parole Board personnel, the Warden, Superintendent of the institution and his representatives, representative(s) of the Division of Probation and Parole, and the inmate and his spokesman. The inmate and his spokesman may request that any person(s) in regular attendance be excused from the hearing and the Board will consider the
request.
The Parole Hearing is conducted in an informal non-adversarial manner; rules of evidence used by a court do not apply. The Board may consider all relevant evidence. In all cases, the inmate will be given an opportunity to make an oral statement and to present letters and other documentary information. Written statements from interested persons may be considered by the Board.
The inmate may request that a tape recording be made of the release hearing to be used for purposes of appeal of a Parole Board decision. The request for a recorded hearing must be made at least sixty (60) days in advance on the Inmate Request Form (Appendix page 22). In all cases, a written summary of the release hearing will be prepared.
3. The Board's Decision. Following the interview, the inmate is temporarily excused while the Board deliberates. If, during its deliberations, the Board determines it needs additional information, it shall ask the inmate if he will agree to a continuance. If the inmate does not agree to a continuance of the hearing, his disagreement will be noted on the record and the Board will make a decision based on the information presented at the hearing. After deliberation and evaluation of the factors in subsection II. (A), a decision is made by a majority of the Board in attendance. The range of decision is:
a. Straight Parole. The inmate is released on his eligibility date.
b. Parole to Placement. The inmate is approved for release conditional upon his meeting certain requirements, such as approved residence and approved employment.
c. Parole subject to Special Conditions. The inmate is released on condition that he abide not only by general conditions to which all parolees are subject; but also by specific conditions imposed by the Board.
d. Parole and Discharge. An inmate with a consecutive sentence may begin serving the consecutive sentence when the first is terminated by the Board.
e. Continued. With approval from the inmate, the case is postponed until further information is available; usually to a specific date or until eligibility on a concurrent sentence, the inmate's approval shall be entered into both the written and
recorded record of the hearing.
f. Parole Denied. A majority of the Board votes to deny parole to the inmate for a specified period of time; to include denial to the sentence expiration date. Parole denial for a specific period of time may also be used in those cases where the inmate objects to a continuance.
g. Parole to Warrant. If an inmate has criminal charges pending, the Board may parole to a warrant.
Once a decision is reached, the inmate is recalled and is informed of the Board's decision. At this time, he is given a copy of the form entitled, "Notice of Parole Decision" (Appendix page 23). If the decision is to deny parole or continue the case, the inmate is informed of the reason(s) of the denial or the continuance and within ten (10) days is sent a memorandum stating in more detail the reasons for denial or continuance.
4 Parole Reconsideration. If an inmate is charged with a new crime or a violation or rules governing work release, furlough or institutional behavior or when new information comes to light indicating that the parolee may present danger to the community, after the Board's decision to grant parole but before his release date, the Board, at its next regular meeting, may reconsider parole.
If it is necessary to hold an inmate beyond the original parole release date, a single member of the Board may authorize the Warden or Superintendent to hold the inmate until the next regular meeting of the Board.
If a decision to hold the inmate is made, the Board shall send him a copy of its Parole Reconsideration Policy and Notice of Parole Reconsideration Hearing (Appendix page 24- 25). In reconsideration hearings,, the following safe-guards are afforded by the Board:
a. Notice to inmate in writing of allegations and evidence;
b. Opportunity for inmate to appear, speak and present witnesses and evidence on his own behalf;
c. Opportunity to present witnesses and other evidence in his own behalf;
d. Opportunity for inmate to cross examine adverse witness(es), unless the Board determines that disclosure of
identity will create a disruption within the institution or create a risk of reprisal against the witness(es);
e. Prompt written notice of decision and evidence relied upon by the Board.
5. Release Hearing for Inmates Who Have Been Transferred Out-of-State. When an inmate from Maine has been transferred to a correctional facility in another state, it is not necessary for the inmate to be returned to Maine for a parole release hearing.
The Board may request the paroling authority in the state where the inmate is being held to conduct a release hearing and to forward recommendations to the Board.
Based on that recommendation and the Board's own release criteria, the Board may grant or deny parole or schedule a hearing before it. The recommendation and case file will be reviewed by the Board on the inmate's regularly scheduled hearing date and the inmate will be notified within ten (10) days of the Board's decision to deny parole, to grant parole release, or to grant a release hearing in Maine. If a recommendation by another paroling authority is to grant parole, the Board may require the inmate's return to Maine for a release hearing before the Maine Parole Board.
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).
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.
The Board may revoke parole when it finds that the parolee has violated one or more conditions set forth in his parole certificate.
1. Summary. The procedure adhered to by the Board is a two-step process. Upon the issuance of a parole violation warrant and the parolee's subsequent arrest on the warrant, a preliminary hearing is held. If, on the basis of evidence presented at the preliminary hearing, the preliminary hearing officer determines that there is probable cause to believe that a condition of parole has been violated, the parolee may be required to appear before the Board for final adjudication of charges. This procedure is outlined in detail below.
2. Arrest. The parole revocation process is initiated by arrest of the alleged parole violator pursuant to a parole violation warrant issued by the Director of Probation and Parole (Appendix page 30). A parole officer or any other law enforcement officer may make the arrest. A parole officer may also arrest a parolee without a warrant; however, if the officer does not obtain approval for a warrant from
the Director of Probation and Parole by the close of the next business day, he must release the parolee from custody.
3. Preliminary Hearing.
a. When held - Whenever a parolee is arrested on a warrant issued for an alleged violation of parole, a preliminary hearing shall be held within a reasonable time after the arrest of the parolee (usually 72 hours) at or near the place of the alleged violation or arrest. The main purpose of the preliminary hearing is to determine whether there is probable cause or reasonable grounds to believe that the parolee has violated a condition of parole.
b. Procedure - Immediately following arrest and confinement, the alleged parole violator shall be given written notice of charges pending against him (Parole Violation Report (Appendix page 29). Also, he shall be advised of his right to a preliminary hearing and shall be asked to execute a form in which there are two questions: (1) Do you desire to confront adverse witnesses? (2) Do you desire to call witnesses on your own behalf? (Form entitled, "Preliminary Hearing Notice", Appendix page 31)
Copies of the "Parole Violation Report (Appendix page 29), warrant (Appendix page 30), list of adverse witnesses and notice of the date, time and place of the preliminary hearing will be provided to the inmate and/or counsel (Appendix page 31). The date scheduled for the hearing shall allow a reasonable time for the alleged violator to prepare his case or seek a continuance.
The preliminary hearing shall be conducted by a hearings officer designated by the Director of Probation and Parole. Any relevant evidence may be considered. If the parolees supervising officer has cause to believe that revealing the identity of an adverse witness(es) would put that witness in jeopardy, the identity (after consulting with the supervisor) shall be withheld, and the parolee shall not be allowed to cross examine the witnesses). The hearings officer shall make a written summary of evidence adduced at the hearing, the reasons for the finding that probable cause does or does not exist and the reasons for disposition.
c. Disposition Given a finding of probable cause, the preliminary hearings officer may (1) Return the parolee to the institution for appearance before the Board, or (2) not return
the parolee to the institution, in which case the parole violation warrant shall be withdrawn.
If the decision is to have the alleged violator appear before the Board for final hearing, the hearings officer shall then determine whether the parolee shall be incarcerated pending the final revocation hearing or whether he shall be set free on his personal recognizance pending that hearing. The hearings officer shall not release on personal recognizance if he feels the parolee is a threat to the community or 13 likely to abscond. The hearings officer will complete the forms necessary for a final hearing before the Board (Appendix pages 32 - 34).
4. Revocation Hearing Before the Parole Board.
a. When held - When probable cause for revocation has been found by a preliminary hearings officer, an alleged parole violator shall have the right to a final hearing before the Board at the next meeting of the Parole Board.
b. Purpose - The final hearing shall determine (1) whether the alleged violator has in fact committed an act(s) which constitutes) a violation of the conditions of his parole, and (2) whether this act(s) is (are) of such a nature as to warrant revocation of parole. The standard used by the Board is a preponderance of evidence.
c. Procedure - The alleged violator shall be given a copy of -the form entitled, "Notice of Hearing of Parole Violation" (Appendix page 33). This notice informs the parolee of the time and place of hearing, the alleged parole violation, a summary of the evidence of the violation to be used at the hearing and his opportunity to introduce evidence. The Parole Board at its discretion may appoint counsel, if requested, in the following situations:
1) When the parolee contests the factual basis of the violation; or
2) When, even if the violation is based on a new conviction, there are substantial reasons which justify or mitigate the violation and proof of the justifying or mitigation factors requires a complex or detailed presentation; or
3) When the parolee is incapable of effectively speaking
for himself; or
4) When the parolee's condition is such that he seems unlikely to comprehend the nature of the proceeding and his rights therein.
In any case in which counsel is requested and not appointed, the reasons for the failure to appoint must be explicitly stated in the record. If the parolee is represented by counsel, after consultation with counsel, he may change his election as to the presence of witnesses. The parolee or his attorney shall be provided a summary of the preliminary hearing, a copy of the form entitled, 'Notice of Hearing of Parole Violation', as executed by the parolee and a copy of the form entitled, 'Procedures for Parole Revocation' (Appendix pages 35 37).
d Witnesses - The witnesses who have appeared at the preliminary hearing need not appear in person at the final hearing if both the parolee, or his attorney, and the supervising parole officer agree that the preliminary hearing report contains a fair and accurate statement of the witnesses' testimony and they consent to its introduction as such before the Board.
If the parolee elects to be confronted by adverse witnesses, he shall be given the names of those witnesses at least three days prior to the Board hearing. If the Parole Board has caused to believe that revealing the identity of an adverse witnesses) would put that witness in jeopardy, or cause disruption within the institution, his/her identity may be withheld from the parolee and no cross examination shall be allowed. If the parolee elects to call witnesses on his own behalf, it is his responsibility, (or the responsibility of counsel), to notify them of the hearing, although if requested, the Board will undertake to do so.
The Board has the power to subpoena witnesses.
e. Format of Hearing - The Board tape records violation hearings which are in two phases:
1) Adjudicatory Phase (Proof of Violation) - Proof of violation of criminal law shall be sufficient if an official record of conviction is received into evidence.
A parolee may waive his right to the adjudicatory
phase by pleading guilty to the violation in which case the Board will conduct the dispositional phase only.
If the parolee does not waive his right to the adjudicator phase of the hearing, he may elect to confront the witnesses listed on the notice form (Appendix page 33). He may also present his own witnesses. All witnesses shall be subject to examination by members of the Board, representatives of the Division of Probation and Parole and the parolee and/or his counsel.
If the parolee waives confrontation of adverse witness(es), official parole violation reports and other official records may constitute proof of violation without testimony from the supervising officer or other witnesses). After prosecution and defense presentations have been concluded, the Board shall deliberate in executive session and announce its finding. If the Board finds that a violation has been committed, it shall state orally and in writing the reasons for violation (Appendix page 38). In addition, within ten (10) days the Board shall send the inmate a memorandum restating in more detail the reason for the finding of violation.
2) Dispositional Phase - The Board shall receive into evidence official records concerning new convictions or non-criminal violations of parole conditions and oral and written statements from the parolee, his counsel and other persons having information relevant to the case.
The range of dispositional alternatives include:
a) continuing parole; b) denying parole for time served; c) denying parole for a specified period of time; d) continuing the hearing until the expiration of a concurrent criminal code sentence when the inmate is again eligible for parole; e) discharging the parolee to begin serving a new sentence, either immediately or after a
specified period of time.
After determining the appropriate disposition, the Board shall complete the order set forth in the Appendix page 38.
In cases where the denial period imposed by the Board exceeds five years, the inmate may after five years, petition the Board for a case review to determine if a new eligibility hearing is warranted. In the petition, the inmate will set forth the original reasons for parole denial and an explanation of his present circumstances to show why the original reasons for denial are no longer valid.
The Board will review the petition at a regularly scheduled hearing and notify the inmate in writing, of its decision to deny the petition or grant another release hearing.
An individual's parole is terminated on his parole discharge date, which is mathematically determined in accordance with sentence and institutional good conduct deductions. A prisoner paroled on a life sentence must successfully complete ten (10) years of supervision before discharge (34-A M.R.S.A. § 5809). However, the Board may otherwise discharge a parolee before his parole discharge date if it appears that the person is no longer in need of supervision. Either a parole officer or a parolee may request that the Board grant an early discharge by contacting the Board in writing stating the reasons for such request (34-A M.R.S.A. §5809).
Normally, the Board will not discharge a parolee unless he successfully abides by the conditions of his parole for a period of at least one year. The Board considers discharges in less than one year under special circumstances.
Once a decision is made granting early discharge, the Board shall notify the appropriate institution of the discharge, stating the reason for the discharge (Form entitled, "Authorization to Discharge Parolee", Appendix page 39).
EFFECTIVE DATE: May 10, 1979
AMENDED: August 19, 1985
From: Maine State Parole Board
In order to assist you in preparing for your parole hearing, the Parole Board offers this explanation of its policies and procedures in granting or denying parole.
In evaluating an inmate's case, the Board considers but is not limited to the following factors:
1. Your Parole Plan. The Board expects you to know what you will do when you leave the institution. Your plan must include a job or educational program, living arrangements and community resources for assistance when necessary. The Board will also want to explore your family situation. Obviously, the Board considers it a plus if you have a stable home environment. The Board also looks for a willingness to assume responsibilities.
2. Your Personal History. The Board will review your education and vocational training, occupational skills, employment record, military record, and record of narcotics and alcohol abuse.
3. Your Criminal History. The Board will consider the seriousness of the committal offense as well as the seriousness and time span of prior criminal offenses. It will consider any pending charges.
4. Your Conduct in the Institution. The Board will focus on whether you have taken advantage of self-improvement programs and how you have behaved in the institution, including the nature and number of disciplinary proceedings that you may have.
5. Your Conduct During any Previous Probation or Parole.
6. Psychological Evaluations. In order to assist the Board in determining risk to the community, it may ask that you undergo psychiatric or psychological evaluation.
7. Recommendations Made by the Sentencing Court.
8. Observations Concerning Your Proposed Plan made by the Investigating Parole Officer.
The Board gets its information mainly from three sources:
A. A report prepared by the institutional and parole staff which contains information bearing on the factors previously mentioned, and
B. You. The Board expects you to convince them that your parole plan is sound and that you are ready for parole.
C. Any other information direct or indirect from other sources which is relevant.
In addition to your personal presentation, you may present letters and other documentary information to the Board. If you cannot adequately articulate your thoughts or if you believe the issues to be presented are so complex that you cannot adequately bring them before the Board, you are free to request the attendance of a responsible person to speak in your behalf. However, the hearings are conducted in an informal, non-adversary manner and you are not entitled to legal counsel.
If you wish to review portions of your records, you must notify the Classification Department in writing at least 60 days-in advance of your scheduled parole hearing.
Also, if you wish to have your release hearing tape recorded, for the purposes of appeal, you must notify the probation-parole officer at least 60 days prior to your scheduled parole hearing. If you should be denied parole, you shall receive oral and written explanations of the reasons for denial at the time of the hearing and you shall be sent a memorandum stating more fully the reasons for denial within ten (10) days of the hearing. This memorandum may include suggestions for future parole, but the suggestions are in no way binding on the Board.
The Maine State Parole Board will conduct a parole release hearing on ____ at ______.
At this hearing the Board will consider:
________ Parole to program or plan outside the prison;
________ Parole and discharge to another sentence;
________ Parole to warrant.
Date: ________
Secretary of M.S.P.B.
I have received this form on ________ and have discussed the criteria for parole release outlined in the Initial Hearing Notice with a probation-parole officer. I understand that comments made by the probation-parole officer are advisory only and not binding on the Board or a guarantee that I will be granted parole.
Signed: ________
Date: ________
Witness: ________
INMATE REQUEST FORM
(Date)
TO: Maine State Parole Board Warden/Superintendent Classification Department
(Make a checkmark beside your request)
☐ 1. I request that you provide me with portions of my case history so that I may review it before meeting with the Parole Board on ☐ 2. I request the attendance of to speak in my behalf at my parole release hearing. ☐ 3. I request that the Parole Board tape record my release hearing.
(3 copies required)
NOTICE OF PAROLE DECISION
(Date)
TO:
Institution & Number:
The Maine State Parole Board has on this __ day of __, 19____ given your case consideration and has arrived at the following decision:
☐ 1. That you be paroled. ☐ 2. That you be paroled, subject to placement by the Division of Probation & Parole. ☐ 3. That you be paroled, subject to the following special conditions: ☐ 4. -That your case be CONTINUED to because of the following ☐ 5. That you be DENIED parole, because of the following:
The State Parole Board is a separate unit created by Statute to parole or revoke parole at this institution. The officials of the institution, where the Board holds its hearing, act in an advisory capacity only and have no control over the decisions of the Board.
(Secretary, M.S.P.B.)
PAROLE RECONSIDERATION POLICY
It is the policy of the Parole Board to reconsider a decision to grant parole when subsequent to that decision, but prior to the effective date of the parole, the inmate commits a violation of law or a serious violation of the rules governing furlough, work release, or institutional discipline. The Board may also reconsider a decision to grant parole when new information comes to light indicating that the parolee may present danger to the community.
At parole reconsideration hearings, the following procedural safeguards will be observed to insure fair fact-finding by the Board.
1. Notice to inmate of the alleged act(s) which constitute the basis of the Board's reconsideration, as well as disclosure of the evidence;
2. Opportunity to appear and speak in his own behalf;
3. Opportunity to present witnesses and other evidence in his own behalf;
4. Opportunity to confront those alleging misconduct, unless the Board determines that disclosure of identity will create risk of reprisal or disruption within the institution.
5. Prompt written notice of finding and evidence relied upon.
In those cases which fall within this policy, a single member of the Board may authorize the inmate held at the institution until the next regular meeting of the Board.
Signed: ____ Date: ____
NOTICE OF PAROLE RECONSIDERATION
TO: ____________
FROM: Maine State Parole Board
You are hereby notified that the Parole Board will reconsider its decision of ____ to ______ based on the following:
A reconsideration hearing will be held on this matter on
______, 19.__ at ______
I have received a copy of the Parole Board's policy on Parole Reconsideration and Notice of Parole Reconsideration Hearing.
I request the following witnesses at the reconsideration hearing.
Signed: _____ Date: _____
Witness: ______
DIVISION OF PROBATION & PAROLE
CERTIFICATE OF PAROLE
I, ____, in consideration of the granting of parole by the State Parole Board, agree to comply with the following parole release conditions:
1. I will comply with all federal, state and municipal laws.
2. I will report regularly to my parole officer, as instructed.
3. Before I change my residence, I will report to my parole officer in person and inform him of my new address.
4. I will make a diligent effort to maintain gainful employment unless excused by the Parole Board.
5. I will report to my parole officer in person before I change my employment; and if terminated, I will promptly notify my parole officer.
6. 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 agree that I will not contest any effort by any jurisdiction to return me to the State of Maine.
7. I agree that upon being arrested, detained, or questioned by a law enforcement officer, I will identify myself as a parolee by presenting my Parolee Identification Card, which I will carry at all times, to the officer. I also agree to advise my parole officer of the contact within 24 hours.
8. I will comply with any additional special conditions imposed by the Parole Board or temporary imposed by my supervising parole officer.
9. I will comply with the following conditions:.
I have read, or had read to me, and understand the above conditions. I realize that failure to abide by any of the conditions may result in my return to the institution as a parole violator.
Signed: __ Witness: __
In consideration of, and subject to, the above conditions, the State Parole Board, acting under the laws of Maine, hereby grant parole to an inmate of __ such parole to become effective on __ and continued in effect until, ____ or until such parole is revoked, or until such inmate is discharged in accordance with the laws of the State of Maine.
Date: ____
(Secretary M.S.P.B.)
STATE PAROLE BOARD:
Member
Member
Chairperson
Member
Member
Date
TO:
Institution & Number:
SUBJECT: Special Condition of Parole
On Parole Officer requested that the following Special Condition(s) of Parole be added to your parole certificate:
The above condition(s) was (were) provisionally added to your Parole Certificate on the date of the Parole Officer's request and is (are) effective until removed by the Parole Board. Violation of this new condition may result in your being returned to as a Parole Violator.
The new conditions shall be reviewed on at . At this time the Board will determine whether to make permanent or remove the new condition(s).
You have the right to appear at the hearing and contest the addition of the above mentioned condition(s). Your Parole Officer will notify the Parole Board if you wish to appear and contest the condition(s) or you may personally request to appear by calling the Parole Board Office, Tel: 289-2711, or writing them at State House Station # 111, Augusta, ME 04333. If you personally request to appear, your Parole Officer will be advised of your request.
I hereby acknowledge that I understand the special conditions) and my right to contest the new condition(s). My Parole Officer shall forward the original of this form to the Parole Board within 48 hours of issuance or said conditions) shall immediately become null and void.
Signed:
(Parolee)
Signed:
(Parole Officer)
Date:
Date:
DEPARTMENT OF CORRECTIONS DIVISION OF PROBATION & PAROLE
TO: _________
Court/Institution No.: ____ Date: ____
I hereby acknowledge that I have been warned today by my supervising officer that the matters listed below are possible violations of supervision and are contrary to my own interest, the interest of the community and the rules and regulations governing supervision.
I understand the nature and intent of this warning and agree to comply fully with the instructions of my supervising officer so as to avoid the possibility of violation proceedings.
WITNESS:
_____
(Officer)
_____
(Offender)
PP-21
STATE OF MAINE DEPARTMENT OF CORRECTIONS DIVISION OF PROBATION & PAROLE
PAROLE/ENTRUSTMENT VIOLATION REPORT
TO: Director, Probation & Parole
FROM: ____________
SUBJECT: __________
_____, duly appointed an authorized Officer, alleges that _____ who was released from the ____ on ___, 19_ and to which institution __ was sentenced to a term of _____ for the offense of __________ has now violated the terms and conditions of supervision as follows:
Date: ________ (officer)
Warrant to Issue ________ (Director)
Date: ________
PP-36
DEPARTMENT OF CORRECTIONS DIVISION OF PROBATION & PAROLE
To any State Probation-Parole Officer/Juvenile Caseworker or to any State Police, Sheriff or other Police Officer authorized to serve criminal process and to
____ of the ______
WHEREAS ____, a release from ______ situated at
____ in the County of ______, State of Maine
by the ________ Court, after conviction/adjudication and
sentence for the crime(s) of ________
________.
AND WAS, on __ day of __ 19__ released on supervision from the institution aforesaid and;
WHEREAS, satisfactory evidence has been presented to the Director of Probation and Parole, that the said ____ has violated the conditions of his release, the undersigned, Director of Probation and Parole, hereby orders the issuance of this Warrant for the arrest and detention of said ______ wherever found in your jurisdiction. Detention shall be at a county jail or other approved facility until a Preliminary Hearing is held by Probation and Parole.
Given under my hand this ______ .
__ day __ 19__
Probation and Parole
(Director) ______ .
PAROLE VIOLATION
TO: ____________
FROM: __________
You are hereby notified that you stand charged with the following violations of conditions of your parole: ____________
A preliminary hearing will be held on this matter on _____ 19__ at __ M. at ______ for the purpose of determining whether there is reasonable ground to believe that the above charges are true.
You are entitled to appear and speak in your behalf at such hearing and to present witnesses and documentary evidence.
You may request the presence of persons who have furnished adverse formation upon which revocation of your parole may be based. Upon the appearance of such persons at the hearing, you may ask questions of them in connection with the charges against you of violation of parole. (Your request for the attendance of adverse witnesses will be evaluated by the hearing officer, and you will be advised as to whether your request will be granted in advance of the hearing.)
I, ________ understand that a preliminary hearing is to be held to determine whether there is reasonable ground to believe that I have violated the conditions of my parole and that I am entitled to be personally present to speak in my behalf at such preliminary hearing, present witnesses, and may request the presence of adverse witnesses for the purpose of confrontation and cross-examination.
Knowing fully the charges against me, I do/do not wish to appear and speak on my own behalf at such preliminary hearing and do/do not request the presence of adverse witnesses at such preliminary hearing.
I request the following witnesses at my preliminary hearing:
Signed: ________
Date: ________
Witness: ________
STATE OF MAINE
DEPARTMENT OF CORRECTIONS DIVISION OF PROBATION & PAROLE
PRELIMINARY HEARING REPORT PAROLE/PROBATION VIOLATION
Date:
TO: __ Department/Court: __ Subject: __ Preliminary Hearing: Parole/Probation (1) Date: __ (2) Time: __ (3) Location: __ (4) Hearings Officer: __ (5) Others Present and Reasons: __
(6) Violation(s) Alleged:
(7) Rights Reviewed: Waived: (8) Documents to Alleged Violator (a) Appear and Speak __ (a) PH. Notice __ (b) Present Witnesses __ (b) Warrant __ (a) Cross-Examine __ (Parole only) __ (d) Remain Silent __ (c) Parole Violation __ Report
(9) Witness requested but not in attendance __ State reasons for non-attendance __
(10) Violation(s) Admitted: __ Violation(s) Denied: __
(11) Finding: _____ Summary of Supporting Evidence:
(12) Disposition: _____
(13) Documents to Violator (PAROLE) Documents to Violator (PROBATION) (a) Final Hearing __ (a) Motion for Revocation __ Notice __ (b) Preliminary Hearing __ (b) Preliminary __ Report Hearing Report __ (c) Procedures for Parole Revocation _____
(14) Teletype Cancellation Notification: __ By: __
(15) Basis for Disposition: _____
(16) Circumstances of Arrest/Outstanding Warrants: _____
PP-35 Rev. 7/85
NOTICE OF HEARING OF PAROLE VIOLATION
TO: ____________
You are charged with having violated the following conditions of parole: ____
A summary of the evidence is: ____________
The witnesses) against you is (are): _________
The Parole Board will conduct a hearing on ___, 19_, at _ o'clock, at ___ to determine whether or not you have violated this (these) condition(s) of parole and, if so, whether or not to revoke your parole.
At this hearing you will have an opportunity, if you wish, to be confronted by the witnesses against you. You also will have the right to speak on your own behalf and the right to present your own witnesses) as well as other evidence. However, if the alleged violation(s) is (are) a new convictions), the Board shall not relitigate the issues leading to convictions).
At the hearing you may represent yourself or you may be represented by a lawyer. If you wish to be represented by a lawyer, you may retain one at your own expense. If you cannot afford to retain a lawyer, you may ask the Parole Board to consider obtaining one for you, and the Board will consider doing so.
You have a right to request that a particular Parole Board member not hear your case if you feel this person may be personally biased against you.
Rev. 1/78
I, _______, have read and understand the notice on page 1.
I choose to do the following:
1. (Check one)
I _ do wish to be confronted by the witnesses) against me. _ do not*
2. I _ do wish to call witnesses) on my behalf. _ do not
If yes, witnesses): _______
3. (Check one)
_ I wish to represent myself. _ I wish to have my lawyer represent me. My lawyer's name is ____ _ I cannot afford to retain a lawyer. I request the Parole Board to consider obtaining one for me. I prefer that Attorney ___ represent me, if possible. His address is ____ His phone number is ___
(Parolee signature)
(Date)
(Probation-Parole or Institutional Parole officer
*If you do not elect to be confronted by adverse witnesses), official parole report,, other official documents and testimony of adverse witness(es) at the preliminary hearing may constitute proof of violation at final hearing before the Board.
Rev. 1/78
These procedures are designed to comply with due process requirement in providing procedural fairness for parolees charged with violations of parole conditions.
Whenever the case of a parolee charged with parole violation is referred to the Parole Board, the parolee will be given a form entitled, 'Notice of Hearing of Parole Violation'. The parolee will be required to make the elections designated on Page 2 of the Notice, viz, elections as to the presence of adverse or favorable witnesses and the assistance of counsel. If the parolee is represented by counsel, he may, after consultation with counsel, change his elections as to the presence of witnesses by notifying the probation-parole officer assigned to the correctional facility.
If the parolee elects to be confronted by adverse witnesses, he will be given the names of those witnesses at least three (3) days prior to the Board Hearing, provided the Board has not determined that a witness' identity should remain confidential.
If the parolee elects to call witnesses on his behalf, the Board will undertake, upon the parolee's request, to notify them of the hearing, but responsibility for their presence rests with the parolee.
The hearing before the Parole Board is in two phases: The adjudicatory phase, in which the Board decides whether the parolee has violated one or more of the conditions of his parole, and if violation is found, the dispositional phase, in which the Board decides how the inmate will serve the remainder of his sentence.
1. Proof of a parolee's violation of the criminal law shall be sufficient if an official record of his conviction is received into evidence.
2. If the parolee elects to confront adverse witnesses, only those witnesses designated on the notice form (Appendix pages 33 - 34) shall be permitted to testify. Witnesses shall be subject to examination by members of the Parole Board and the parolee or his counsel.
3. If the parolee waives his right to confront adverse witnesses, official parole violation reports and other official records may constitute proof of violation without testimony from the supervising officer or other witnesses.
Defense witnesses shall be subject to examination by members of the Parole Board, members of the Division of Probation & Parole and adverse witnesses.
After prosecution and defense presentations have been concluded, the Parole Board shall determine in executive sentence whether a violation of parole has been committed. If the Board finds that the parolee has violated parole, it shall give him the reasons for its finding orally and in writing at the time of the hearing. Within ten (10) days, it shall send him a more detailed memorandum of its findings.
The Board shall receive into evidence official records concerning new convictions or non-criminal violations of parole conditions and oral and written statements from the parolee, his counsel and other persons having information relevant to the case.
The range of dispositional alternatives include:
A. continuing parole; B. denying parole for time served; C. denying parole for a specified period of time; D. continuing the hearing until the expiration of a concurrent criminal code sentence when the inmate is again eligible for parole;
E. discharging the parolee to begin serving a new sentence, either immediately or after a specified period of time.
PAROLE VIOLATION HEARING
TO: ____________
1. You have been charged with violation of parole. The allegation(s) as to violation is (are) as follows: ____________
2. At the Parole Board hearing on ___ 19_, held at, the following witnesses) and counsel appeared: ____________
3. After hearing the Parole Board found you in/not in violation of parole on the following basis (bases): ____________
4. As a result of its finding, the Parole Board made the following disposition: ____________
5. In determining disposition, the Parole Board considered the following factors: ____________
Dated: ___ at ___
Chairman, Maine State Parole Board
TO: _________ (warden or superintendent)
WHEREAS, _____, No. _ a parolee from the ____ in the opinion of the State Parole Board, is no longer in need of supervision, you are hereby authorized to discharge the said, ______, from custody, and a discharge certificate shall be issued.
Given under my Hand, this ___.
_ day of ___ 19_
(Secretary, M.S.P.B.)
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 5 1996
REASON FOR DISCHARGE: _________
_____
_____