An Act To Reestablish Parole
Maine Legislature, Session 130, LD 0842
Committee: Judiciary
Sponsors: EVANGELOS, MIRAMANT, HARNETT, O'NEIL, PLUECKER, RECKITT, TALBOT ROSS, WARREN, BAILEY, MAXMIN

Legislative Document
No. 842
H.P. 610
House of Representatives, March 8, 2021
An Act To Reestablish Parole
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative EVANGELOS of Friendship.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: HARNETT of Gardiner, O'NEIL of Saco, PLUECKER of Warren, RECKITT 
of South Portland, TALBOT ROSS of Portland, WARREN of Hallowell, Senators: BAILEY 
of York, MAXMIN of Lincoln.
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 persons sentenced to the custody of the Department of 
Corrections.
§5822.  Parole by board
The board may grant a parole from a correctional facility after the expiration of the 
term of imprisonment, less deductions pursuant to Title 17-A, section 2307, subsections 2 
and 3, 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 pursuant to Title 17-A, 
section 2307, subsections 2 and 3, 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 sentenced to the custody of the Department of Corrections and who received 
a sentence of imprisonment is eligible for parole upon application if:
A.  The person's sentence was imprisonment for life or for any term of not less than 25 
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 sentence of imprisonment 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 by rule 
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.
6.  Rules.  The board shall adopt rules to implement the provisions of this subchapter.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
§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 or 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 the person is 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 a condition of parole
1.  Arrest and detention for violation.  A probation and parole officer may arrest and 
charge a parolee with violation of a condition 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 a 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 a condition of 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.  Forfeiting deductions.  Upon revocation of a person's parole by the board under 
subsection 2, the person forfeits any deductions pursuant to Title 17-A, section 2307, 
subsections 2 and 3 earned while on parole.
4.  Earning 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 pursuant 
to Title 17-A, section 2307, subsections 2 and 3.
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, 2022, 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 to the custody of the 
Department of Corrections.  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 a parole law from the State of Colorado and uses some of the 
technical aspects of Maine's existing parole law.