An Act To Establish Positive Reentry Parole
Maine Legislature, Session 126, LD 0873
Committee: Criminal Justice and Public Safety
Sponsors: TUTTLE, BOLAND, MASON, WHITTEMORE

Legislative Document 
No. 873 
S.P. 298 
In Senate, March 5, 2013 
An Act To Establish Positive Reentry Parole 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative BOLAND of Sanford and 
Senators: MASON of Androscoggin, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA c. 5, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
POSITIVE REENTRY PAROLE FOR CERTAIN MAINE CRIMINAL 
CODE PRISONERS 
§5821.  Applicability 
This subchapter applies to those persons in the custody of the Department of 
Corrections pursuant to a sentence imposed on or after October 1, 2013. 
§5822.  Parole by board 
The board may grant a parole from a correctional facility after the expiration of the 
term of imprisonment, less deductions for good time and meritorious good time, or after 
the parolee's compliance with conditions provided in this subchapter applicable to the 
sentence being served.  The board may revoke a parole when a condition of the parole is 
violated. 
1.  Duration and conditions of parole.  When the board grants a parole, upon 
release the parolee shall serve the unexpired portion of the parolee's sentence under 
conditions of custody established pursuant to subsection 2, less deductions for good time 
and meritorious good time, unless otherwise indicated by the board. 
2.  Custody and control.  While on parole, the parolee is under the custody of the 
warden or chief administrative officer of the correctional facility from which the parolee 
was released but under the immediate supervision of and subject to the rules of the 
division of probation and parole within the department and any special conditions of 
parole imposed by the board. 
§5823.  Parole of prisoners; eligibility; process 
1.  General provisions regarding eligibility.  A person convicted of one or more 
crimes who is incarcerated pursuant to a sentence imposed on or after October 1, 2013 
and who received a definite sentence or aggregate sentence is eligible for parole upon 
application if: 
A.  The person's sentence was imprisonment for life or for any term of not less than 
years and the person has served at least 20 years of that sentence, or the person's 
sentence was imprisonment for a term of at least one year to 25 years and the person 
served not less than 1/2 of the aggregate sentence or 1/2 of the most recent sentence 
imposed by the court, whichever is greater; 
B.  Based on all available information, including reports that the board may require, 
the board determines that there is a reasonable probability that the person will live 
and remain at liberty without violating the law; and 
C.  The board determines that the parole is not incompatible with the welfare of 
society. 
2.  Administrative release and revocation guidelines.  The board shall develop 
administrative release guidelines for use by the board in evaluating applications for parole 
as described in section 5824 and shall develop administrative revocation guidelines as 
described in section 5825 for use by the board in considering revocation of parole. 
3.  Parole hearing.  The board shall hold a hearing, which must be video recorded, to 
review an application for parole.  The board shall use its administrative release guidelines 
and any other information it determines relevant in its review.  A person seeking parole 
must be represented by legal counsel.  The board may hear testimony from both the 
person seeking parole and any victims; and the board may hear their testimony separately. 
4.  Parole granted.  If after a hearing under subsection 3 the board grants parole, the 
board shall impose any conditions it determines appropriate to mitigate the risk of the 
person's again violating the law. 
5.  Parole denied.  If after a hearing under subsection 3 the board denies parole, a 
subsequent review date must be set for 2 years from the date of the denial.  The board 
shall inform the person of the reasons parole was denied and what the person needs to 
accomplish to be considered again for release on parole.  A person denied parole may 
appeal the denial within 90 days. 
§5824.  Administrative release guidelines 
The board shall develop administrative release guidelines using evidence-based risk 
assessment criteria for use by the board in evaluating applications for parole.  The 
administrative release guidelines must be used to provide the board with consistent and 
comprehensive information relevant to risk factors for parolees.  The guidelines must 
include a matrix of advisory release decision recommendations for different risk levels.  
The following provisions govern administrative release guidelines. 
1.  Factors.  In developing the administrative release guidelines, the board shall 
consider factors including, but not limited to: 
A.  The actuarial risk of reoffense.  This factor is the central factor for the board in 
making its decision related to the timing and conditions of release on parole.  Risk 
must be assessed using evidence-based actuarial risk assessment tools and 
professional judgment; 
B.  Testimony or a written statement of the victim of the crime, a relative of the 
victim or a designee of the victim or relative of the victim; 
C.  The person's assessed criminogenic need level; 
D.  The person's program and treatment participation and progress while in custody; 
E.  The person's conduct in the correctional facility; 
F.  The adequacy of the person's parole plan; 
G.  Whether the person while serving the person's sentence has threatened or harassed 
the victim or the victim's family or has caused the victim or the victim's family to be 
threatened or harassed; 
H.  Aggravating or mitigating factors from the person's criminal case; 
I.  The testimony or written statement of a prospective parole sponsor, employer or 
other person who is available to assist the person if released on parole; 
J.  Whether the person has previously absconded or escaped or attempted to abscond 
or escape while on conditional release, including community supervision; 
K.  Whether the person completed or worked toward completing a high school 
diploma, a general equivalency degree or a college degree during the period of 
incarceration; and 
L.  Any factor that the board determines appropriate or necessary. 
The board may not use the administrative release guidelines for the consideration of 
parole for a person who is serving a sentence for committing a crime under Title 17-A, 
chapter 11 or 12.  The board shall develop specific sex offender administrative release 
guidelines to be used to evaluate parole applications for these cases. 
2.  Structured decision making.  The board shall adopt standards for evaluating 
outcomes of its parole decisions and shall conduct its business in a manner that is 
accessible to victims, offenders, other criminal justice professionals and the community. 
3.  Coordination of risk and needs.  The board shall coordinate supervision 
conditions and services with assessed risk and need levels as determined in subsection 1. 
4.  Risk assessment scale.  The board shall develop a risk assessment scale that 
includes evidence-based criteria for reducing the risk of recidivism.  The board shall 
validate the risk assessment scale at least every 5 years or more frequently if the 
predictive accuracy, as determined by data collection and analysis by the board, falls 
below an acceptable level. 
5.  Forms.  The board shall develop forms consistent with an effort to record 
information required under this section to capture the rationale for the board's decision in 
a parole application case.  The department shall print the forms.  Victim identity and 
input must be protected from display on the form and any board hearing report that may 
become part of an applicant's or parolee's record. 
6.  Training.  The board shall seek regular training for its members to ensure that it is 
using best practices in parole application evaluation and applying them effectively in 
carrying out its duties. 
§5825.  Administrative revocation guidelines 
The board shall develop administrative revocation guidelines that must be used to 
evaluate complaints filed for parole revocation. The board shall develop administrative 
revocation guidelines using evidence-based risk assessment criteria.  The following 
provisions govern administrative revocation guidelines. 
1.  Factors.  In developing administrative revocation guidelines, the board shall 
consider factors including, but not limited to: 
A.  A determination by the board that a parolee committed a new crime while on 
parole; 
B.  The parolee's actuarial risk of reoffense; 
C.  The seriousness of a violation of a condition of parole, if applicable; 
D.  The parolee's frequency of violations of conditions of parole; 
E.  The parolee's efforts to comply with a previous corrective action plan or other 
remediation plan required by the board or by the probation and parole officer; 
F.  The imposition of intermediate sanctions by the probation and parole officer in 
response to violations of conditions of parole that may form the basis of the 
complaint filed for parole revocation; and 
G.  Whether modification of parole conditions is consistent with public safety and 
more appropriate than revocation of parole. 
2.  Revocation determination for violations of conditions of parole.  In evaluating 
complaints filed for parole revocation, the board may not revoke parole for violations of 
conditions of parole unless the board determines on the record that appropriate 
intermediate sanctions have been used and have been ineffective or that the modification 
of conditions of parole or the imposition of intermediate sanctions is not appropriate or 
consistent with public safety and the welfare of society. 
§5826.  Violations of parole 
1.  Arrest and detention for violation.  A probation and parole officer may arrest 
and charge a parolee with violation of parole, take the parolee into custody and detain the 
parolee, pending the issuance of a parole violation warrant.  The detention may not 
extend beyond the next business day, and, if a warrant is not issued in that time, the 
parolee must be released from arrest and detention.  A parolee arrested and detained does 
not have a right of action against the probation and parole officer or any other person 
because of that arrest and detention. 
2.  Issuance of warrant for violation; board action.  When a parolee violates a 
condition of parole or violates the law, a warrant may be issued for the parolee's arrest.  A 
probation and parole officer, or any other law enforcement officer within the State 
authorized to make arrests, may arrest the parolee on the warrant and return the parolee to 
the correctional facility from which the parolee was paroled.  At its next meeting at that 
correctional facility, the board shall hold a hearing.  The parolee is entitled to appear and 
be heard.  If the board, after hearing, finds that the parolee has violated parole or the law, 
the board may revoke the parole, set the amount of the unexpired portion of the sentence 
the parolee must serve before the parolee is again eligible for a parole hearing before the 
board and remand the parolee to the correctional facility from which the parolee was 
paroled. 
3.  Forfeits deductions.  Upon revocation of a person's parole by the board under 
subsection 2, the person forfeits any deductions for good time and meritorious good time 
earned while on parole. 
4.  May earn deductions.  While a person is serving the unexpired portion of a 
sentence after parole has been revoked under subsection 2, the person may earn 
deductions for good time and meritorious good time. 
5.  Tolling of sentence.  Whenever a warrant is issued under this section for the 
arrest of a parolee, the running of the parolee's sentence is tolled and remains tolled until 
the parolee is returned to the correctional facility from which the parolee was paroled. 
Tolling of the running of the sentence must include any time served prior to such return, 
after conviction for a crime committed while on parole. 
In the event of the withdrawal of the warrant, or in the event that the board at the hearing 
on the alleged violation finds that the parolee did not violate the conditions of parole or 
the law, the parolee must be credited with the time lost by the tolling of the running of the 
parolee's sentence. 
§5827.  Sentence for violation of law by parolee 
A parolee who violates the law while on parole, when the violation is punishable by 
imprisonment for one year or more, and who is sentenced to the custody of the 
department shall serve the 2nd sentence beginning on the date of termination of the first 
sentence, unless the first sentence is otherwise terminated by the board. 
§5828.  Discharge from parole 
A parolee who faithfully satisfies all the conditions of parole and completes the 
parolee's sentence is entitled to a certificate of discharge to be issued by the warden or 
chief administrative officer of the correctional facility to which the parolee was 
committed.  If it appears to the board that a parolee is no longer in need of supervision, 
the board may order the chief administrative officer or warden of the correctional facility 
from which the parolee was paroled to issue the parolee a certificate of discharge. 
§5829.  Collection and analysis of data 
1.  Outcome data and analysis.  The board shall develop and implement a process to 
collect and analyze data related to the basis for the outcomes of the board's 
determinations or decisions for granting, revoking or denying parole.  Any data related to 
victim identification or victim input that is identifiable to the person convicted or the 
person's case must be maintained but kept confidential by the board and may be released 
only to other government agencies, pursuant to a nondisclosure agreement, for the 
purposes of analysis and reporting only. 
2.  Recidivism data.  When the board grants parole, the board also shall collect data 
related to whether the person has previously violated the law while on parole, the type of 
reentry program provided as part of the person's parole plan and whether the person 
violates the law while on parole. 
3.  Record of conformance with or departure from guidelines.  The board shall 
determine whether a decision granting, revoking or denying parole conformed with or 
departed from the administrative release and revocation guidelines under sections 5824 
and 5825.  If the decision was a departure from the guidelines, the data collected related 
to victim identification or victim input are subject to the same protections as in subsection 
1. 
4.  Reporting.  The board shall provide the data collected pursuant to this section to 
the department for analysis.  Using the data, the department shall assist the board in 
identifying specific factors that are necessary to the board's parole decision-making 
process and shall assist the board in securing training to facilitate the board's future 
decision making. 
5.  Report to the Legislature.  By January 15, 2014, the board shall report to the 
Joint Standing Committee on Criminal Justice and Public Safety regarding the 
implementation of this subchapter.  Thereafter, annually by January 15th, the board shall 
update the report and make a presentation to the joint standing committee of the 
Legislature having jurisdiction over corrections matters regarding the operations of the 
board pursuant to this subchapter.  Data may be reported only in the aggregate. 
6.  Cooperation.  The department, the board and other criminal justice agencies shall 
cooperate in implementing this subchapter. 
SUMMARY 
This bill establishes the option of parole for persons sentenced on or after October 1, 
2013.  Current law provides that only persons in the custody of the Department of 
Corrections pursuant to a sentence imposed under the law in effect before May 1, 1976 
may apply for parole. 
This bill incorporates the concepts of positive reentry parole, is modeled in part on 
recent law enacted by Colorado and uses some of the technical aspects of Maine's 
existing parole law.