An Act to Support Reentry and Remtegrat10n mto the Commumty
Maine Legislature, Session 131, LD 0178
Committee Amendment CA_A_S411 (Senate)
Amends: 5 MRSA §12004-G, 17-A MRSA §1502, 17-A MRSA §1603, 17-A MRSA §1604

COMMITTEE AMENDMENT " A " to S P 82, L D 178, "An Act to Support 
Reentry and Remtegrat10n mto the Commumty" 
Amend the bill by stnkmg out the title and subst1tutmg the followmg 
'An Act to Reestablish Parole' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 5 MRSA §12004-G, sub-§6-E 1s enacted to read 
6-E. 
Corrections 
Mame Parole Board 
Leg1slat1ve Per Diem 34-A l\.1RSA 
§5823 
Sec. 2. 17-A MRSA §1502, sub-§2, ~' as enacted by PL 2019, c 113, Pt A, §2, 
1s amended to read 
K 
A spht sentence of 1mpnsonment with admm1strat1ve release as authonzed by 
chapter 67, subchapter 2, er 
Sec. 3. 17-A MRSA §1502, sub-§2, 1L, as enacted by PL 2019, c 113, Pt A, §2, 
1s amended to read 
L A term of rmpnsonment followed by a penod of supervised release as authonzed 
by chapter 67, subchapter 3-~ 
Sec. 4. 17-A MRSA §1502, sub-§2, ~ 
1s enacted to read 
M A term of rmpnsonment with ehg1b1hty for parole as authonzed by Title 34-A, 
chapter 5 
Sec. 5. 17-A MRSA §1603, sub-§1, as enacted by PL 2019, c 113, Pt A, §2, 1s 
amended to read 
Page I -131LR0773(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to SP 82, L D 178 
1. Sentence. 
A person convicted of the crlllle of murder must be sentenced to 
llllprisonment for life or for any term of years that is not less than 25 The sentence of the 
court must specify the length of the sentence to be served and whether the person is eligible 
for parole under Title 34-A, chapter 5 and must commit the person to the Department of 
Corrections 
Sec. 6. 17-A MRSA §1604, sub-§8 is enacted to read 
8. Ehgibihty for parole. If the aggregate sentence of llllprisonment for all crimes for 
which the person was convicted is between 5 and 60 years, the sentence of the court must 
specify whether the person is eligible for parole under Title 34-A, chapter 5 
Sec. 7. 34-A MRSA c. 5, sub-c. 6 is enacted to read 
SUBCHAPTER 6 
SUPPORTIVE REENTRY PARO LE FOR CERTAIN MAINE CRIMINAL CODE 
PRISONERS 
§5821. Apphcabihty 
This subchapter applies to all persons sentenced to the custody of the department and 
operates concurrently with probat10n, as described m Title 17-A, chapter 67, subchapter 1, 
and supervised commumty confmement, as described m section 3036-A 
§5822. Defimtmns 
As used m this subchapter, unless the context otherwise mdicates, the followmg terms 
have the followmg meanmgs 
1. Actuarial risk assessment. "Actuarial risk assessment" means a statistically 
calculated prediction of the hkehhood that a person will pose a threat to others or engage 
m v10lent behav10r withm a given period, 
2. Apphcant. "Applicant" means a person who has become eligible for parole and has 
submitted all forms and other materials required under this subchapter to the board to apply 
for parole, 
3. Board. "Board" means the Mame Parole Board established pursuant to sect10n 5823, 
Evidence-based program. "Evidence-based program" means an approach, strategy 
and mtervent10n that has been scientifically evaluated and proven effective m ach1evmg 
desrred outcomes based on empmcal evidence and research, 
5. Office of Victim Services. "Office of Victllll Services" means the Department of 
Corrections, Office ofVict1m Services as established by section 1214, 
Parolee. "Parolee" means a person m the custody of the department who has been 
granted parole and released on parole pursuant to this subchapter, 
7. Parole officer. "Parole officer" means a person described and havmg the duties set 
forth m section 5404, and 
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8. Revocation hearmg. "Revocation hearmg" means a hearmg conducted by the board 
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to determme whether to revoke the grant of parole to a parolee 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to S P 82, L D 178 
§5823. Mame Parole Board 
1. Establishment. The Mame Parole Board 1s established m Title 5, section 12004-G, 
subsection 6-E, w1thm the department Notw1thstandmg any prov1s1on of subchapter 2 to 
the contrary, the board has the duties descnbed m this subchapter and has the same duties 
as the State Parole Board descnbed m section 5210 
2. Board compos1tlon. The board shall consist of 7 members who are professionals 
from a diverse field of expenence The board must mclude 
A At least one member who 1s a mental health professional, 
B At least one member who 1s a legal professIOnal with expenence m cnmmal law 
and cnmmal procedure, 
C 
At least one member who 1s a professional m the chmcal treatment and 
rehab1htat1on of persons who commit sexually VIOient offenses, 
D 
At least one member with expenence m certified domestic VIOience or batterer 
mtervent1on, and 
E At least one member who 1s a formerly mcarcerated person 
Other board members must have special trammg or expertise m law, socIOlogy, psychology 
or other related branches of social science The board shall, to the extent possible, be gender 
diverse and represent the cumulative racial demographic makeup of all residents at 
correctional fac1ht1es as determmed m the most recent annual report submitted by the 
comm1ss10ner pursuant to section 5208 
3. Appomtment. Members must be appomted by the Governor, sub1ect to review by 
the 10mt standmg committee of the Legislature havmg mnsd1ctIOn over md1c1ary matters 
and confirmed by the Senate 
4. Vacanc1eso A vacancy on the board must be filled for an unexprred term m the same 
manner m which an appomtment 1s made A vacancy must be filled w1thm 90 days 
followmg the occurrence of the vacancy 
5. Compensation and expenses. Members of the board must be compensated 
accordmg to the prov1sIOns of Title 5, section 12004-G, subsection 6-E 
6. Meetings. The board shall meet at least once per month at a trme and locatIOn 
determmed by the board and 1s permitted to meet as often as 1s necessary to fulfill its duties 
Members shall elect a charr to preside at all meetmgs of the board when the charr 1s present 
The presence of any 5 members of the board constitutes a quorum for the pm:pose of 
allowmg the board to exercise its duties m this subchapter 
7. Rules The board may adopt rules to rmplement the prov1s1ons of this subchapter 
Rules adopted pursuant to this subsection are routme techmcal rules as defmed m Title 5, 
chapter 3 7 5, subchapter 2-A 
§5824. Parole appbcat10n; ebg1b1bty 
1. Ebg1b1bty. Notw1thstandmg any prov1s1on of law to the contrary, a person servmg 
a sentence of 1mpnsonment for one or more crrmes m the custody of the department and 
res1dmg at a correctional fac1lrty 1s ehg1ble for parole upon application If the followmg 
cntena are met 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to SP 82, L D 178 
A For a person servmg a sentence of nnprisonment for life for the crnne of murder, 
the person is eligible for parole if the person has served at least 20 years of that sentence 
m imprisonment 
B For a person servmg a sentence of nnprisonment for murder or for a crnne other 
than murder, or a person servmg concurrent sentences for murder or for crnnes other 
than murder, m which m the aggregate sentence of tmpnsonment totals 5 to 60 years, 
the person is eligible for parole if that person has served at least one-thrrd of the 
unsuspended port10n of the aggregate sentence 
C For a person servmg a sentence of nnprisonment for one or more offenses described 
m Title 17-A, chapter 11 or 12, the person is eligible for parole if the person has met 
the regmrements of paragraph B and the person has completed an mtensive, evidence-
based program for offenders of sexual assault and sexual exploitation of mmors pnor 
to apphcation for parole 
D For a person servmg a term of nnprisonment for one or more offenses where the 
victnn is a family or household member as defined m Title 19-A, sect10n 4102, 
subsection 6, the person is eligible for parole if the person has met the regurrements m 
paragraph B and the person has completed an evidence-based program offered by the 
department for offenders of crnnes committed agamst family or household members 
pnor to applicat10n for parole 
A person servmg a sentence of less than 5 years imprisonment, or concurrent sentences 
which m the aggregate amount of nnprisonment is less than 5 years, is not eligible for 
parole under this subchapter 
2. Apphcatmn The board shall develop a parole apphcat1on pursuant to regmrements 
m tlus subchapter The department shall make the parole application avatlable at all 
correct10nal fac1hties and shall allow residents access to the necessary materials to 
complete the parole application The department must provide a1mlicants with a specific 
preparatory plan to apply for parole This plan must be completed w1thm 90 days of 
admiss10n to the correct10nal facility and mclude a preparat10n workshop or other program 
supportive of meanmgful preparedness of residents 
§5825. Parole hearmg 
1. Apphcatmn accepted or re1ected. W1thm 60 days after the receipt of a parole 
apphcatlon. the board shall determme whether the applicant meets the ehg1b1hty 
regurrements described m sect10n 5 824 and has completed all forms and other regmrements 
to apply for parole and, 1f so, shall schedule a parole hearmg for the applicant The 60 days 
may be extended for a maxnnum of an add1t10nal 3 0 days when there 1s good cause shown 
or when the board determmes there are extenuatmg crrcumstances The board shall 
document the reason for the extension and commumcate the reason to the applicant If the 
board determmes the applicant 1s not eligible to apply for parole, or that the applicant 
materials are mcomplete, the board shall promptly mform the applicant of the reasons for 
demal of a hearmg and an applicant may make corrections, 1f applicable, and submit a new 
application pursuant to this subchapter 
2. Access to documents. At least 3 0 days pnor to a hearmg, the department must 
proVIde the applicant with all documentation the apphcant has submitted m support of the 
application and a copy of the applicant's crnnmal history record If any document provided 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to SP 82, L D 178 
to the apphcant by the department contams confidential mformat1on that, 1f disclosed, 
would violate a confidentiality agreement, protective order or any other prov1s1on of law 
or would hkely brmg harm to any person, the department must redact the confidential 
mformat1on from the document When the department redacts confidential mformat1on 
from a supportmg document, 1t shall 1dent1fy the context of the withheld material, state the 
reason the mformation was withheld and provide the applicant with a summary of the basic 
content of the material withheld with as much spec1fic1ty as possible without revealmg the 
confidential mformat10n 
3. Challengmg inaccurate or mcomplete mformation. If, prior to a scheduled 
hearing, the applicant discovers an om1ss1on or other error m the applicant's crimmal 
history record or m the documentation described m subsection 2 provided by the 
department, the applicant may file a mot10n with the D1stnct Court or Superior Court 
havmg mrisd1ction over the underlymg crime for which the applicant 1s mcarcerated to 
purge, modify or supplement maccurate or mcomplete mformat1on The court shall take no 
longer than 90 days to issue a dec1s1on on the motion 
Upon recernt of the dec1s10n by the court, the department shall promptly correct any errors 
or om1ss10ns 1dent1fied by the court, and must notify the applicant and any person or agency 
that received a copy of the apphcant's crimmal history record or other documents m the 
previous 12-month period of the dec1s1ons and provide the applicant and those persons or 
agencies with the corrected documentation 
The department shall schedule the hearmg no later than 30 days followmg the dec1s1on, 
except m extenuatmg circumstances or when there 1s good cause shown to extend the 
hearmg date for an add1t10nal 30 days 
An applicant may not be required to pay any costs, fees or penalties m association with a 
review conducted under this subsection 
4. Hearmg procedure. The hearmg must be recorded via audio and video An 
apphcant may be represented by legal counsel at the hearing to be provided by the 
applicant The apphcant may present testimony to the board m support of the apphcat10n 
After a hearmg, the board shall notify the apphcant of its dec1s1on w1thm 14 days 
5. Parole granted; conditions. If after hearmg the board grants parole, the board shall 
Impose any cond1t1ons 1t determmes appropriate When settmg cond1t10ns, the board shall 
make an md1v1dualized assessment as to what conditions are appropriate based on the 
nature and circumstances of the offense and the history and charactenstics of the applicant 
and Impose only those cond1t1ons the board determmes are necessary to m1t1gate the nsk 
of the apphcant agam v10latmg the law Cond1t1ons imposed must be, to the extent possible 
and practicable as determmed by the board, consistent with the types of conditions imposed 
under probation descnbed m Title 17-A, section 1807 and the mandatory conditions for 
supervised commumty confmement descnbed m section 3036-A, subsect10n 3 
If the board grants parole, 1t shall notify the Office of V ictIID Services, which shall, m 
accordance with section 5 826, notify by mail and by phone or m person the victims of any 
crime committed by the parolee of the grantmg of parole and the conditions imposed on 
the parolee 
6. Parole demed. If after hearmg the board demes parole, the board must create a future 
parole eligibihty term schedule to determme how long the applicant must wait before 
COMMITTEE AMENDMENT 
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COM1vfITTEE AMENDJ\.1ENT "A" to S P 82, L D 178 
reapplyillg, not to exceed 3 0 months The board shall mform the apphcant ill wntmg of the 
reasons parole was demed and 1dent1fy any regurrements that would need to be met for 
parole to be granted The apphcant may appeal the demal of a grant of parole by filillg an 
appeal withm 90 days to the Supenor Court m accordance with Rule 80C of the Mame 
Rules of Civil Procedure 
§5826. V1ct1m notification and rights 
1. Victim notification. The department shall keep the victrm of any cr1me committed 
by the apphcant or parolee notified of the proceedmgs under this subchapter ill a manner 
consistent with notifications made to the apphcant or parolee V 1ctrms must receive 
notificat10ns regardillg the date, trme and location of a parole hearmg and the result of each 
parole hearmg, and any appeal made by the applicant and the result of that appeal 
Notification to the v1ct1m must be made through the Office ofV1ctrm Services and be made 
by mail and by phone or m person The department personnel notifyillg the v1ctrm must be 
qualified to provide trauma support and referrals Upon notification of the victim, the 
Office ofV1ctrm Services must provide v1ct1ms illformation regardillg therr nghts and the 
support systems available throughout the parole process, illCludillg 
A Vict1m-offender dialogue, also referred to as restorative conferencillg, opt10ns 
available to v1ct1ms through illdependent restorative mstice programs or the Office of 
V 1ct1m Services, and 
B The advocacy and therapeutic support available to v1ctrms m therr area through 
commumty-based programs The Office of V1ctrm Services shall provide contact 
mformat10n for those programs, mcludmg, but not hm1ted to, v1ctrm advocacy 
orgamzat1ons, counselmg services and other support groups Such not1ficat10ns shall 
illclude clear mstruct10ns on how to access these resources 
V1ct1m rights. The Office of V1ctrm Services must ensure that v1ct1ms are fully 
mformed oftherr nghts and options for support through the parole process V1ct1ms have 
the nghtto 
A Submit wntten or recorded testrmony to the Office of V 1ctrm Services, which the 
Office of V 1ct1m Services must provide to the board for cons1derat10n at each parole 
hearmg Test1mony submitted must be kept by the department and must be considered 
at any subsequent parole hearmg until updated by the v1ct1m, 
B Part1c1pate ill a vict1m hearmg separate from the apphcant, and to have that hearmg 
conducted at a location other than a correct10nal fac1hty, 
C Select someone other than the v1ctrm to read the v1ctrm's statement at the v1ct1m and 
parole hearillg, and 
D Have a support person, who 1s tramed m trauma-mformed care, with the v1ct1m at 
the parole hearillg or v1ctrm hearmg 
§5827. Custody and supems10n of parolee; durat10n of parole 
1. Custody and superv1s1on of parolee A parolee must remaill ill custody of the 
warden or chief admm1strative officer of the correctional facility from which the parolee 
was released for the duration of parole The parolee 1s sub1ect to any cond1t1ons rmposed 
on the parolee by the board and any generally applicable rules to parolees estabhshed by 
the department or the board A parolee 1s under the superv1s1on of a parole officer who 1s 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDivfENT "A "to S P 82, L D 178 
charged with overseemg the parolee's comphance with the prov1s10ns of this subchapter 
and with whom the parolee shall remam m regular contact for the durat10n of the parole 
2. Duration. The parolee must remam on parole for the durat10n of the parolee's 
unsuspended and suspended sentences Whtie on parole, the parolee earns deduct10ns 
descnbed m Title 17-A, section 2305, 2306 or 2307 m the same manner as the parolee 
would 1f mcarcerated 
§5828. Admm1strat1ve release 
1. Development of gmdehnes. The board shall by rule develop admm1strat1ve release 
gmdelmes, referred to m this section as "the gu1delmes," usmg evidence-based nsk 
assessment cntena for use by the board m evaluatmg apphcat1ons for parole In estabhshmg 
the gmdelmes, the board must consult with the Permanent Comm1ss10n on the Status of 
Rae1al, Indigenous and Tnbal Populations descnbed m Title 5, chapter 631 or with entities 
specified by that comm1ss1on The gmdelmes must provide the board with consistent and 
comprehensive mfonnat1on relevant to nsk factors for parolees The gu1delmes must 
mclude a matrix of advisory release dec1S1on recommendations for different nsk levels 
2. Factors for cons1deration. In developmg the gu1delmes, the board shall consider 
the followmg factors 
A The actuanal nsk of rec1d1v1sm, which must be the central factor for the board m 
makmg its dec1s1on related to the t1me and cond1t1ons of parole Risk must be assessed 
usmg evidence-based actuarial nsk assessment tools and the profess10nal mdgment of 
the board Where possible, the board shall use a transparent assessment tool m 
acknowledgement of racial bias, 
B The test1mony of or a wntten statement provided by the v1ct1m of the cr1me or a 
relative of the v1ct1m, or a person designated by the v1ct1m of the cr1me or a relative of 
the v1ctrm to provide test1mony or a wntten statement, 
C The apphcant's part1c1pat1on ma treatment program and other progress made toward 
rehab1htat10n while mcarcerated, 
D The apphcant's conduct and part1c1pat1on m commumty service act1v1t1es whtle 
mcarcerated, 
E The adequacy of the apphcant's parole plan submitted to the board, 
F Whether the applicant has threatened or harassed the v1ctrm or the victim's family or 
has caused the victim or the v1ct1m' s family to be threatened or harassed, 
G The test1mony or wntten statement of a prospective parole sponsor, employer or 
other person who 1s avatlable to assist the applicant 1fthe applicant 1s granted parole, 
H Whether the apphcant has previously absconded or escaped, or attempted to abscond 
or escape, whtle on probation, supervised commumty confmement, parole or other 
cond1t1onal release program, 
I Whether the applicant took part m educational services offered by the department 
while mcarcerated, and whether the applicant completed a high school dmloma, a 
general egmvalency diploma, a vocational cert1ficat1on or a college degree while 
mcarcerated, 
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COMMITTEE AMENDMENT" A" to SP 82, L D 178 
J Sentencmg factors descnbed m Title 17-A, section 1602, subsect10n 1, paragraph B 
related to the underlymg crnne or cnmes for which the applicant 1s mcarcerated, and 
K Any other factor that the board determmes 1s appropnate or necessary to consider 
3. Sex offenders. The gmdelmes under this sect10n do not apply to persons convicted 
and servmg a sentence for cnmes descnbed m Title 17-A, chapter 11 or 12 The board shall 
by rule develop specific cntena to be used to evaluate these applicants 
4. Coordmat1on of risk and needs. The board shall nnpose superv1s1on condit10ns 
and services with the assessed nsk and need levels determmed pursuant to subsection 1 
5. Risk assessment scale. The board shall develop a nsk assessment scale that mcludes 
evidence-based cntena for reducmg the nsk ofrec1d1v1sm and that considers the racial bias 
ex1stmg m the nsk assessment cntena The board shall validate the nsk assessment scale 
every 5 years to ensure that the predictive accuracy, as determmed by data collect10n and 
analysis by the board, does not fall below an acceptable level A ma10nty of the board may 
vote to review the nsk assessment scale on a more frequent basis 
6. Forms. The board shall develop forms regurred under this sect10n that are designed 
to record the rat10nale for the board's decision on a parole application Victim identity and 
mput must be protected from display on the form and on any board heanng report that may 
become part of the applicant's or parolee's record 
7. Trammg. The board shall seek regular trammg for its members to ensure that the 
board 1s usmg best practices m parole application evaluat10n and applymg them effectively 
m carrymg out the board's duties 
§5829. Adm1mstrat1ve revocatmn 
1. Development of gmdelmes. The board shall by rule develop admm1strative 
revocat10n guidelmes, referred to m this sect10n as "the gmdelmes," that must be used to 
evaluate complamts filed for parole revocation The board shall develop the gmdelmes 
usmg evidence-based nsk assessment cntena and cons1dermg the racial bias ex1stmg m the 
gmdelmes 
2. Factors for cons1deration In developmg the gmdelmes, the board shall consider 
the followmg factors m evaluatmg complamts filed for parole revocat10n 
A Not1ficat10n by the department that the parolee was convicted of a new crnne while 
on parole, 
B The senousness of the v10lat10n of conditions of parole, If applicable, 
C The parolee's frequency of v10lations of cond1t10ns of parole, 
D The parolee's efforts to comply with a previous corrective act10n plan or other 
remediation plan requrred by the board or by the parole officer, 
E The nnpos1t1on of mtermediate sanctions by the parole officer m response to 
v10lat10ns of cond1t10ns of parole that may form the basis of the complamt filed for 
parole revocat10n, 
F Whether modification of parole cond1t10ns would be more appropnate than a 
revocat10n of parole and still consistent with public safety, and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to SP 82, L D 178 
G Any m1tigatmg factors, mcludmg, but not limited to, 1f the parolee suffers from a 
mental health or other medical cond1t1on, mcludmg substance use disorder, or 1f the 
v10lat10n was techmcal rather than substantive 
3. Revocation determmatlon for vmlatlon of parole. When revokmg parole, the 
board must make a detennmation that appropriate mtenned1ate sanct10ns prior to 
revocation have been used but have been meffective, or that the parolee's conduct m the 
underlymg v10lat10ns presents a specific threat to pubhc safety that cannot be mitigated 
through less restrictive means When revokmg parole, the board must create a future parole 
ehgibihty term schedule to detennme how long the parolee must wait before reapplymg 
§5830. Vmlatlons of conditions of parole; revocation hearmgs 
1. Revocation hearmg. When a parolee 1s alleged by the parolee's parole officer to 
have v10lated the cond1t1ons of parole, the board shall conduct a revocation hearmg to 
detennme whether the alleged violations were found to have been committed, and if so 
whether revocation of parole 1s an appropriate remedy The standard of review for 
detennmmg whether a v1olat1on of parole has occurred 1s clear and convmcmg evidence 
Upon a detennmation by the board that parole should be revoked, the parolee must be 
returned to the correctional facility overseen by the warden or facility adm1mstrator havmg 
custody of the parolee 
2. Arrest and detention for v1olatlon. A parole officer may arrest and detam a parolee 
for a v10lat1on of a condition of parole and take the parolee mto custody pendmg the 
issuance of a parole v10lat1on without a warrant The parole officer shall first make use of 
graduated sanctions, especially m the case of techmcal v10lat10ns The detention period 
may not extend beyond the next busmess day and, if a warrant 1s not issued m that tlffie, 
the parolee must be released from detention A parolee detamed pursuant to this subsect10n 
does not have a right of act10n for an unlawful arrest or detamment for v10lat1on of parole 
agamst the parole officer, a board member or any other personnel of the department 
3. Issuance of summons for violation; board action. A parole officer may file a 
complamt with the District Court allegmg a parolee has committed a parole v10lat10n If 
the court detennmes that probable cause exists and the alleged v10lat10n does not present a 
specific threat to pubhc safety, a summons may be ISsued for the parolee to appear before 
the board The board shall hold a revocat10n hearmg w1thm 3 0 calendar days of the issuance 
of summons, or at its next scheduled meetmg at the correctional fac1hty havmg custody of 
the parolee, whichever 1s later The revocat10n hearmg may be delayed for no more than an 
additional 30 days upon the department showmg that extenuatmg crrcumstances exist At 
the revocation hearmg, the parolee has the right to competent counsel, the right to defend 
agamst and present evidence m defense of the allegations of the alleged v10lat10n and the 
nght to present and cross-examme witnesses If a parolee falls to appear for the revocat10n 
hearmg, the board shall find by default that a v10lat10n of parole has occurred 
4. Issuance of warrant for violation, board action The parole officer may file a 
complamt with the District Court allegmg that a parolee has committed a parole violation 
If the court detennmes that probable cause exists and the alleged v10lat10n presents a 
specific threat to pubhc safety, a warrant may be issued for the parolee's arrest Upon arrest, 
the parolee must be returned to the correctional facility havmg custody of the parolee The 
board shall hold a revocation hearmg w1thm 3 0 calendar of the parolee's arrest, or at its 
next scheduled meetmg at the correctional fac1hty where the parolee resides, whichever is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to SP 82, L D 178 
later The revocation hearing may be delayed for no more than an additional 30 days upon 
the department showmg that extenuatmg circumstances exist At the revocation hearmg, 
the parolee has the right to competent counsel, the right to defend agamst and present 
evidence m defense of the allegations of the alleged v10lation and the right to present and 
cross-examme witnesses 
5. Forfe1tmg deductions. Upon revocation of parole pursuant to this section, the 
parolee forfeits any deductions earned durmg parole pursuant to Title 17-A, section 2305, 
2306 or 2307 
6. Tolbng sentence. Whenever a warrant is issued under subsect10n 4, the runnmg of 
the parolee's sentence and parole period is tolled and remams tolled until the parolee is 
returned to the correctional facility havmg custody of the parolee The tollmg calculation 
must mclude any t1me served pnor to such return, after the reason for an alleged v10lat10n 
of parole occurred If the board detennmes that a v10lation of parole has not occurred, or if 
a warrant for arrest as a result of a parole v10lation is withdrawn and found mvahd, the 
parolee must be credited with the t1me lost by the tolhng of the runnmg of the parolee's 
sentence 
§5831. Sentence for vmlatmn of law by parolee 
A parolee who while on parole is convicted of murder or a Class A, B or C crime, or 
who while on parole is convicted of a cr1me m another mrisdict10n punishable by a sentence 
of Imprisonment for one year or more, shall serve that sentence concurrently to the parolee's 
existmg sentence or sentences for which the parolee is on parole, unless the mdge 
detennmes that the 2nd sentence should be served consecutively with that sentence 
beginnmg on the date of tennmation of that sentence 
§5832. Discharge from parole 
A parolee who 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 
admmistrative officer of the correctional facility havmg custody of the parolee 
§5833. Data collection and reporting 
1. Outcome data and analysis. The board shall by rule develop and Implement a 
process to collect and analyze data stipulatmg the basis for the outcomes of the board's 
decisions for grantmg, revokmg or denymg parole Any data related to v1ct1m 1dent1fication 
or v1ct1m mput that 1s identifiable to the person's conv1ct1on or the person's case must be 
mamtamed but kept confidential by the board and may be released only to other 
government agencies, pursuant to a nondisclosure agreement, for the pw:poses of analysis 
and reportmg only 
2. Rec1d1V1sm data. The board shall collect data on recidivism, mcludmg the 
followmg 
A The number of parolees who are arrested and returned to prison for the commission 
of a new cr1me or a v10lation of parole withm 3 years followmg a parolee's release on 
parole, 
B The type of reentry programs provided as part of a parolee's parole plan, and 
C The types of parole conditions v10lated or the new cr1mes for which parolees are 
convicted 
COMMITTEE AMENDMENT 
oC:J 
~ 
COMMITTEE AMENDMENT "A "to SP 82, L D 178 
The board shall share with the relevant correctional facility any parole or aftercare release 
plan, as well as any parole or aftercare release reports to be stored m the person's master 
file at the correct10nal facility 
3. Record of conformance with or departure from gmdehnes. The board shall adopt 
standards for evaluatmg whether a decmon grantmg, revokmg or denymg parole 
conformed with the admmistrative release gmdelmes m section 5828, subsection 1 and the 
admmistrative revocation gmdelmes m sect10n 5 829, subsection 1 If the board determmes 
that the decision was mconsistent with the gmdelmes, the board shall make necessary 
changes to address the mconsistency 
4. Reporting to department. The board shall provide the data collected pursuant to 
this section to the department for analysis
U smg the data, the department shall assist the 
board m identifymg specific factors that are necessary to the board's parole 
decision-makmg process and shall assist the board m securmg trammg to facilitate the 
board's future decision makmg 
5. Report to Legislature. By January 15, 2025 and annually thereafter, the board shall 
report to the 10mt standmg committee of the Legislature havmg mr1sdict10n over cnmmal 
JUstice and pubhc safety matters regardmg the operation of the board pursuant to this 
subchapter 
§5834. Cooperation 
The department, the Department of Health and Human Services, the officers and staff 
of correctional facilities, law enforcement officers and law enforcement agencies shall 
cooperate with the board m exercismg its powers and duties 
§5835. Coordmatlon with other laws regardmg parole 
As necessary and to the extent practicable, this subchapter must be supplemented with 
other laws regardmg parole descnbed m this chapter If a conflict exists between this 
subchapter and other laws regardmg parole m this chapter, the provisions of this subchapter 
prevail 
Sec. 8. Mame Parole Board; terms. Members of the Mame Parole Board 
established pursuant to the Mame Revised Statutes, Title 34-A, section 5823, referred tom 
this sect10n as "the board," serve staggered 4-year terms At the end of a member's term, 
that member contmues to serve on the board until a successor is appomted or the member 
is reappomted A board member may serve no more than 2 terms on the board Members 
must be appomted accordmg to the followmg schedule 
A Three members must be appomted to serve a term that expires on the 3rd Monday 
m January 2026, 
B Two members must be appomted to serve a term that expires on the 3rd Monday m 
January 2027, and 
C Two members must be appomted to serve a term that expires on the 3rd Monday m 
January 2028 
A member of the State Parole Board descnbed m Title 34-A, section 5201 is ehg1ble to be 
appomted to the board as long as the member meets the requirements of Title 34-A, section 
5823, subsect10n 2 
COMMITTEE AMENDMENT 
oro 
~ 1 
COMMITTEE AMENDMENT" A" to SP 82, L D 178 
Sec. 9. Appropriations and allocations. The followmg appropnations and 
allocat10ns are made 
CORRECTIONS, DEPARTMENT OF 
Admmistration - Corrections 0141 
Imtiative Provides fundmg for office supphes and eqmpment 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2023-24 
$0 
$0 
2024-25 
$110,629 
$110,629 
Correctional Center 0162 
Imtiative Provides fundmg for 2 Correctional Care and Treatment Worker positions and 
related costs to manage the parole program 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Mountam View Correctional Facihty 0857 
2023-24 
000 
$0 
$0 
$0 
2024-25 
000 
$200,281 
$13,914 
$214,195 
Imtiatlve Provides fundmg for 2 Correct10nal Care and Treatment Worker positions and 
related costs to manage the parole program 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Office of Victim Services 0046 
2023-24 
000 
$0 
$0 
$0 
2024-25 
000 
$200,281 
$13,914 
$214,195 
Imtiative Provides fundmg for 4 V ictrm Advocate posit10ns to work with mdividuals m 
the parole process 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Parole Board 0123 
2023-24 
000 
$0 
$0 
2024-25 
000 
$404,234 
$404,234 
Imtiative Provides fundmg for one Parole Drrector, 2 Parole Program Manager posit10ns, 
Secretary Speciahst posit10ns, 7 Probation Officer Assistant posit10ns, 7 Probation Parole 
Officer positions, one Regional Correct10nal Manager Probation position, one Resource 
Admmistrator position and other related costs to manage and admmister the parole 
program 
COMMITTEE AMENDMENT 
0~ 
~ 
COMMITTEE AMENDMENT" A 
"to SP 82, L D 178 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
State Prison 0144 
2023-24 
000 
$0 
$0 
$0 
2024-25 
000 
$2,349,955 
$937,613 
$3,287,568 
Imt1ative Provides fundmg for 2 Correctional Care and Treatment Worker pos1t1ons and 
related costs to manage the parole program 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2023-24 
000 
$0 
$0 
$0 
2023-24 
$0 
$0 
2024-25 
000 
$200,281 
$13,914 
$214,195 
2024-25 
$4,445,016 
$4,445,016 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s a mmonty report of the committee, replaces the bill, which 
1s a concept draft, and changes the title The amendment establishes the opt10n of parole 
for persons sentenced to the custody of the Department of Correct10ns While current law 
provides that only persons m the custody of the department pursuant to a sentence Imposed 
under the law m effect before May 1, 197 6 may apply for parole, this amendment applies 
to all persons m custody of the department pursuant to a sentence under the law m effect 
on or after May 1, 1976 The amendment establishes the Mame Parole Board and outlmes 
its operations and duties The amendment also sets cntena for the Mame Parole Board's 
grantmg and revocation of parole, and establishes an appeal process for the board's 
dec1s1ons The amendment outlines the nghts of v1ctims m the parole process The 
amendment drrects the board to adopt rules creatmg gmdelmes for adm1mstrat1ve release 
and revocation, as well as other rules to support its duties 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/20/23 feae.. 
Net Cost (Savmgs) 
General Fund 
LD 178 
LR 773(02) 
An Act to Support Reentry and Remtegration into the Commumty 
Fiscal Note for Bill as Amended by Committee Amendment '/J" ( $-t-( ii) 
Committee: Cnmmal Justice and Pubhc Safety 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$4,445,016 
ProJechons 
FY 2025-26 
$4,256,216 
Appropnat10ns/ Allocations 
Gene1 al Fund 
$0 
$4,445,016 
$4,256,216 
Fiscal Detad and Notes 
Pro1ect10ns 
FY 2026-27 
$4,256,216 
$4,256,216 
ThlS bill establishes the opt10n of parole for all persons sentenced to the custody of the Department of Correct10ns on 
or after May 1, 1976 It mcludes a General Fund appropnat10n of $4,445,016 m fiscal year 2024-25 for 4 V1ctnn 
Advocate pos1t10ns, one Parole D1rector pos1t10n, 2 Parole Program Manage1 pos1t10ns, 2 Secretary Specialist 
pos1t10ns, 6 Correct10nal Care and Treatment Worker pos1t10ns, 7 Probat10n Officer Assistant pos1ttons, 7 Probat10n 
Parole Office1 pos1t10ns, one Reg10nal Correct10nal Manager Probat10n pos1t10n, one Resource Admm1strator pos1t10n 
and 1 elated costs to adrm111ste1 and manage the parole progi am 
Any add1t10nal costs to the Department of Health and Human Services from the prov1s10ns ofth1s bill are expected to 
be mmor and can be absorbed w1thm ex1stmg budgeted resources 
LR0773(02) - Fiscal Note - Page I of I