An Act to Implement
Maine Legislature, Session 132, LD 1941
Committee Amendment CA_C_H979 (House)
Amends: 5 MRSA §12004-G, 34-A MRSA §5001, 34-A MRSA §5201, 34-A MRSA §5202, 34-A MRSA §5203, 34-A MRSA §5206, 34-A MRSA §5208, 34-A MRSA §5211, 34-A MRSA §5212, 17-A MRSA §1603, 17-A MRSA §1604

COMMITTEE AMENDMENT " C " to H,P. 1300, L.D. 1941, "An Act to Implement
Recommendations of the Commission to Examine Reestablishing Parole"
Amend the bill by striking out everything after the enacting clause and insertmg the
following;
'PART A
Sec. A-l. 5 MRSA §12004-G, sub-§7, as enacted by PL 1987, c. 786, §5, is
amended to read;
7.
Corrections Stete Maine Parole Board Legislative Per 34-AMRSA
Diem §5201
Sec. A-2. 34-A MRSA §5001, sub-§l, as enacted by PL 1983, c. 459, §6, is
amended to read:
1. Board. "Board" means the State Maine Parole Board,
Sec. A-3. 34-A MRSA §5201, as amended by PL 1989, c. 503, Ft. B, §160, is
further amended to read;
§5201. Establishment
There is established, by Title 5, section 12004-G, subsection 7, withm the Department
of Corrections, a-Stete the Maine Parole Board^ consisting of 5 7 members,
Sec. A-4. 34-A MRSA §5202, as enacted by PL 1983, c.459, §6, is amended to
read:
§5202. Appointment
The Governor shall appoint as the S- 7 members of the board persons whor meet the
requirements of this section, subject to review by the joint standing committee of the
Legislatire having jurisdiction over judiciary matters and confirmation by the Legislature.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT 'f ' "toH.P. 1300, L.D. 1941
^
The_Govemor shall appoint an executive director who is the chief executive officer of
the board. In addition to responsibilities as chief executive officer, the executivedirector is
responsible for assisting the board with creatine and maintaining parole euidelines for
parole eYaluations_and assessments consistent with section 5 826 and up-to-date evidence-
based best practices. The executive director serves at the pleasure of the Governor, Except
as otherwise proyided, the executive director shall, at the direction of the board, hire
personnel as necessary to administer this subchapter.
1. Citizens and residents. Are citizens Each member oftheboat^must^^
and residents a resident of the Statei-a&dj.
2. Training or experience. Have special training or experience in law, sociology,
psychology or related branches of social Qoience,
3. Demoeraphics, training and experience. Beginning on the effective date of this
subsection, the Governor shall make eyei'y effort to ensure that;
A, At least one member of the board is a mental health professional;
B. At least one member of the board is an attorney licensed to practice law in this
State;
C. _ At least one member of the board has expertise and experience in the clinical
treatment of individuals who commit sexual violence offenses;
D. At least one member of theboard is a member of a historically disadvantaged racial
population of the State;
E. At least one member of the board is a woman; and
F. At least one member oftheb_oardis a formerly incarcerated individual,
All other members of the board must have special training or experience in law. sociolpRv.
psYcholQgy_or a related branch of social science.
Sec. A-5. 34-A MRSA §5203, as enacted by PL 1983, c, 459, §6, is amended to
read:
§5203. Terms
The terms of the members of the board are7 governed by the provisions of this section.
1. Four years; reappointment. Pew Members are appointed for terms of 4 years
plus the time poriod until their suoceosorQ have boon appointed and qualified; or and may
be reappointed. A member may not be appointed to serve more than 2 consecutive 4-year
terms, A member continues to serve until that member has been reappointed or a successor
has been appointed and qualified,
2r Pleasure of Governor. During the pleasure of the Govemeft
Sec. A-6. 34-A MRSA §5206, as enacted by PL 1983, c. 459, §6, is amended to
read:
§5206. Meetings
1. Chairman Chair. The members of the board shall annuallv elect a chairman chair
who shall preside at all meetings of the board when he-is present,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "(^" to H,P, 1300, L,D. 1941
2. Frequency. The board shall meet at least once eveiy 2 months month and may
meet as often as necessary, at such times and places as the chairman board may designate
V»w ~ 3 by a majority vote.
3. Quorum. Any ^ 5 members constitute a quomm for the exercise of all powers of
the board.
Sec. A-7. 34-A MRSA §5208, as amended by PL 1995,c. 502, Pt, F, §32, is further
amended to read:
§5208. Annual report
1. Preparation of report. After June 30th of each year, tho The commissioner shall
prepare a detailed report of the work of the board and of probation and parole activities for
the preceding fiscal calendar year and send the report to the Governor as required by
subsection 2. Beginning January 2026. the report must include an update on the
implementation of subchaoter 6 and any data collected and data analysis performed
pursuant to section 5832.
2. Commissioner's duty Submission of report. The commissioner shall send the
annual report to the Governor for submission to the joint standing committee of the
Legislature havmg jurisdiction over criminal justice and public safety matters by January
15. 2026. and annually thereafter.
Sec. A-8. 34-A MRSA §5211, sub-§l, as enacted by PL 1983, c. 459, §6, is
amended to read:
1. Rules. The board may promulgate adopt rules, in aooordance with the
Administrative Procedure Act, Title 5, chapter 375, pertaming to its functions set out in
this chapter. Rules adopted pursuant to this subsection are routine technical rules as defmed
in Title 5, chapter 375. subchapter 2-A.
Sec.A-9. 34-A MRSA §5212 is enacted to read:
§5212. Annual trainine
The boarcLshaU arrange for annual trainmg of board member^ the field
reeardine best practices in evaluating applications for parole, in interpretine the results of
the evaluations and in designing appropriate conditions of parole.
Sec. A-10. Maine Revised Statutes amended; revision clause. Wherever m
the Maine Revised Statutes the words "State Parole Board" appear or reference is made to
2 that entity or those words, those words are amended to read or mean, as appropriate, "Maine
Parole Board or "board" and the Revisor of Statutes shall implement this revision when
4 updating, publishing or republishing the statutes.
Sec. A-ll. Staggered terms. Notwithstanding the Maine Revised Statutes, Title
34-A, section 5203, subsection 1, the Governor shall, for the first 7 appointments made to
the Maine Parole Board after the effective date of this Act, specify the calendar year in
8 which each member's term expires m a manner that ensures that the terms of no more than
3 members of the board are scheduled to expire in any one calendar year. In no event may
the Governor appoint a member to the board for a term exceeding 4 years.
Sec. A-12. Reappointment. Notwithstanding the Maine Revised Statutes, Title
34-A, section 5203, subsection 1, an individual who is a member of the Maine Parole Board
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"/* "toH.P. 1300, L.D. 1941
on the effective date of this Act may be reappointed by the Governor. After a single
reappointment of the member, the term of office for that member must comply with the
requirements of Title 34-A, section 5203, subsection 1.
PART B
Sec. B-l. 34-A MRSA c. 5, sub-c. 6 is enacted to read:
SUBCHAPTER 6
PAROLE
§5821. Applicabilitv
This subchapter applies to all persons in the custody of the Department of Corrections,
except for persons in the custody of the department pursuant to a sentence imposed under
the law in effect prior to January 1,2027,
§5822. Definitions
As used in this subchapter. unless the context otherwise indicates, the following terms
have the following meanings,
1. Abscond. "Abscond" means, with respect to an individual on parole, the failure to
remam within the jurisdiction of the court. unless permission toleave temnorarilv is granted
in writing by the mdividual's orobation and parole officer.
2. Applicant._IIAppUcant" means an mdmdual whoJias.aBBlied fQrparole pursuant to
section 5824.
3. Comprehensive assessment of risl^and suitability. "Comprehensive assessment
of risk and suitability" means an assessment of an individual that is designed to predict the
likelihood that, given a certain decision pertainine to parole in an individual's case based
on a thorough review of the totality of relev_antfactors_ and circumstances pertaining to the
individual's conviction, incarceration, application for parole and. if auolicable. the
individual's activities and behavior since release, the individual will pose a threat to others
or engage in criminal behavior, including violent criminal behavior. The assessment must
include an assessment of the mdividual's ability to meet the physical, mental and moral
qualifications for parole.
4,_Evidence-based proerammine. "Evidence-based orogrammmg" means strategies
and interventions that have been evaluated using emoirical research and have been proven
to increase the likelihood of achievine desired outcomes,
5. Parole plan. "Parole plan" means an explanation submitted as part of an applicant's
3 application for mrole detailing any plans or arrangements made to ensure that the applicant
will successfully remain at liberty withouLviolating the law or the conditions of the
aBplicant's parole upon release. which may include details of any housinR; emulovment;
treatment; training; and any programs, services or opportunities of which the applicant
intends to make use. or any other steps the applicant intends to take in order to support the
8 applicant's successful reinteeration upon release.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f\ "toH.P, 1300, L.D, 1941
v
6. Parolee. "Parolee" means an individual who has been^ rdeased on pamle andis at
liberty pursuant to the conditions afthe parole.
7. Victim. "Victim" means a victim of the underlying crime for which a specific
li0<31 ^ applicant or parolee was sentenced to the term of imprisonment for which a period of parole
has been requested or has been granted.
S5823. Parole by board
1. Authority to erant or revoke parole. With respect toan individual sentenced after
the effective date of this subchaoter. the board may. by a maiority vote, grant or revoke
parole as provided in this subsection.
A, The board may grant parole from a correctional facility and impose conditions of
BaroleQn_an applicant elieibility reouirements set forth in section
5824. subsections I and 2.
B. The board may revoke parole or modify the conditions of parole m accordance with
section 5827 when a parolee violates a_conditiQnofthat parolee's parole.
2. Duration of parole. When the board grants a parole, upon release, the parolee shall
serve the unexpired portion of the parolees sentence, less deductions as provided in Title
17-A. chapter 81. subject to the conditions of parole set forth in subsection 3.
3. Custody and conditions^.^^^^^^^^ the parolee is under the custody of the
chief admmistrative officer of the correctional facility from which the parolee was released
but under the immediate supeiyision of, and subiect^^^to rules of, the department and anv
conditions of parole imposed by the board pursuant to section 5825. subsection 5.
§5824. ApplicatiQ^^^^^^^ for parole; rulemakine
1. General provisions regarding eligibility. Except as provided in subsection 2 and
as specified by the board in a parole revocation order, an individual convicted of one or
more crimes who is incarcerated and in the custody of the department is eligible for parole
upon application if the applicant has completed a parole preparation program offered by
the department withm 90 days prior to applYiflg for parole and if:
A. The individual's sentence was imprisonment for life and the mdividual has served
at least 20 years of that sentence; or
B, The individual's aeereeate sentence was for a defmite term of not less than 10 years.
and the individual has served no less than 1/2 of the aggregate, unsuspended portion of
that sentence or at least 20 years of that sentence, whicheYe^^^^^^^^
2. Additional elieibilitv requirements. In addition to meeting the requirements of
subsectipn 1. paraeraoh A or B, an applicant who is servinp a sentence imposed, at leastm
5 part,_on the basis of the applicant's conviction for;
A, One or more offenses in Title 17-A, chapter 11 or 12^
the applicant has completed intensive, evidence-based programming for sex offenders
8 while incarcerated;
B, One or more offenses in which the victim, was a family or household member. as
defmed in Title 19-A. section 4102, subsection 6, is not eligible for parole unless the
aeplicant has completed intensive, evidence-based proerammine for domestic violence
offenders while incarcerated; and
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " /i '; to H,P, 1300, L.D. 1941
C, One or more offenses m Title 17-A, chapter 11.12 or 3 5 in which at least one victim
was a minor at thetime ofthe_offense is not_eligible for parole until all of the minor
victuns have attained 25 years of age^
3. Parole and parole revocation euidelines; rulemaldne. The board shall, by rule.
develop parole guidelines for use by the board in evaluating applications for parole as
described in section 5826 and parole revocation guidelines as described in section 5828 for
use by the board m considering revocation of parole.
§5825. Procedure
1. IVIaine Administrative Procedure Act. Except as provided in this subchaoter. the
Maine Administrative Procedure Act. Title 5. chapter 375 eovems all actions taken under
this chapter.
2. Preliminary review. Upon a preliminary review and determination that an applicant
is eligible for paroleas described in section 5824. subsections 1 and 2, the board shall
schedule a hearing to be held within 60 days after the date that the aTOlication was
submitted jar •within60days after the date that the auuHcant appears to have met the
elieibilitv requu-ements of section 5824. subsections 1 and 2, whichever is later.
3. IMandatory discovery. No later than 30 days before the date_of the hearing, the
department shall provide copies to the awlicant or to the awlicant's counsel, if any. of all
documents that the department submitted to the board in response to the application. The
department may withhold the current address or location of a victun from the applicant or
the applicant's counsel if the department has a eood faith belief that such disclosure may
compromise the safety of the victim.
4. Decision. The board shallnotify _the_applicant_and the department in writing of its
final decision on the aoplication withm 45 days after the date of the hearing.
5. Parole granted; conditions of parole. If, after the hearme. the board grants the
parole apolication, the board shall impose conditions of parole in accordance with the
orovisions of this subsection,
A. The conditions imposed by the board must include each of the mandatory conditions
that would applvJLorelease on supervised community confinement set forth in section
0 3 03 6-A. subsection 3. paragraphs A to I,
B, In addition to the mandatory conditions under oaraeraoh A. if the board determines
based on the nature and circumstances of the offense that led to the parolee's
incarceration and the individual characteristics and criminal history of the parolee that
a condition in subnaragraphs d) to (3') is necessary to mitigate the risk that the oarolee
will again violate the law. the conditions imposed by the board may include the
following:
d) Tothe extent that the board determines that the oarolee has fmancial resources.
a requirement that the oarolee pay part or all of the costs to the State of the parolee's
parole;
(T) Any condition that may be imposed as a condition of probation pursuant to
Title 17-A. section 1 807;and
(3) Any condition that the board determines would be appropriate for the parolee,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " (^ to H.P, 1300, L.D, 1941
6.Parole^ denied. I£ aftetthehearmg, the board denies the parole application, the board
shall notify the applicant and the department, in writiae. of the reasons for the denial and
specify the date. which must be between one and 5 years after thedate of the demal, after
which the applicant may submit a new aptilication for parole. In fixing this date. the board
shall consider the input from the victim, if any^ and the application of the parQ!e_guidelines.
The board shall specify in the written notice of the denial the parole guideline factors that
weighed aeainst the aoolicant and the specific programs the applicant must complete or
other activities the applicant must undertake to succeed in a subsequent parole application.
§5826. Parole guidelines
1. Parole guidelines. In accordance with the requirements of this section, the board
shall, by rule. develop parole euidelines describing the risk assessment criteria that the
board must consider in evaluating an application for parole.
2. Comprehensive assessment of risk and suitability. The parole guidelines must
reguire thateach applicant be evaluated through a comprehensive assessment of risk and
suitability. The guidelines must direct that the outcome of the comrirehensive assessment
of risk and suitability is the central factor that the board myst consider in making decisiQns
related to parole. The board shall use the members' expertise and discretion in establishing
these guidelines and shall develop the guidelines for the purposes of evaluating each
applicant with respect to at least the following criteria:
A. Whether there is a reasonable that, if the applicant is released at a
specific time, the applicant will live and remain at liberty without violatmg the law;
B. Whether the release of the applicant at a specific time is mcomoatible with the
welfare of society;
C, Whether there is a substantial risk that the applicant will not conform to the
conditions of parole;
D, Whether the applicant has demonstrated good behavior and significant efforts to
rehabilitate or otherwise contribute to the likelihood of the^^^^®
reintegration with society, mcluding by having participated in available work or
educational opportunities or treatment programs or through other efforts as may be
0 recognized by the board;
E, Whether the release of the applicant at a specific time would be likely to depreciate
the seriousness of the aoplicants crime or promote disrespect fQr th^^^
F, Whether the applicant's continued incarceration is necessary to sufficiently ensure
the applicant's ability to lead a law-abidine life when released at a later date;
G. Whether the release of the applicant at a specific time would be likely to have^n
adverse effect on mstitutional discipline:
I. The^aptilicant's conduct while in custodv, mcW of any
community service;
J, The adequacy of the aoolicant's parole plan;
K. Whether, while the aoolicant has been in custody. the applicant has threatened or
harassed the victim or the victim's family or has caused the victim or the victim's family
to be harassed by another person;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"/* "toH.P. 1300, L,D, 1941
L, Whether the awlicant has BreviouslY absconded_or escaped or .attempted to abscond
or escape while on conditional release;
M. Whether the aooUcant completed or worked toward completing a high_ school
diploma, a hieh school equivalency diploma, a colleee degree or a graduate degree
while the applicant wasjn custody; and
N. Any other factor the board determines aooropriate or necessary to achieve a
comprehensive understanding of the applicant's risk and suitability for parole.
The board hasjhe discretion_to determme the extent to which each criterion listed in this
subsection contributes to the board's ultimate decision in an apolicant's case.
3. Other factors. In addition to the comprehensive risk and suitability assessment
described in subsection 2. the parole guidelines must require that the board consider at least
the followmg_additional criteria in making its decision regarding_ the timing of and
conditions of release on parole:
A, Any testimony or written statement from the victim. the victim's designee or a
relative of the victim;
B. The testimony or written statement of a prospective parole sponsor, employer or
other person who is available to assist the applicant if the applicant is released on
parole; and
C. Any aggravatine or mitigatine factors from the conviction leading to the applicant's
current incarceration, includine whether the applicant was under 1 8 years of age at the
time of the crime.
4.j'arQ!e^mdeIines for applicants convicted of sex offenses. The board shall, by
rule, develop separate parole guidelines that the board must consider in evaluatme an
application for parole from an applicant who is serving a sentence imposed, at least in part.
on the basis of the applicant's conviction for one or more offenses in Title 17-A, chapter
11. 12 or 35.
5. Parole guidelines for applicants convicted of domestic violence offenses. The
board shall, by rule, develoQ_seRarate GaroleguidelinesAhat the board must consider in
evaluating an aoolication for parole from an aoolicant who is servine a sentence imposed.
at least in part. on the basis of the applicant's conviction for one or more offenses in which
the victim was a family or household jnember as defined in Title 19-A. section 4102.
subsection 6^
6. Guidelines for board to adopt standards and conduct business. The board shall
4 adopt standards for evaluating outcomes of its parole decisions and shall conduct its
5 business in a manner that is accessible to victims. applicants, criminal justice professionals
6 and the community. The board shall develop and use forms for recording a decision
whether to grant or to deny parole and. if parole is eranted. identifme the conditions of
parole, that accurately capture the board's rationale, includine how the board applied the
parole guidelines. The board shall ensure that the identity of any victim and any input
received from the victim_is_ confidential and protected from display durine any board
hearing and on any form that may become part of an applicant's record.
7. Coordination of risk and needs.,_Theboard shall coordinate parole conditions and
services withthe assessed risk and needs as determined under the parole guidelines.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to H.P, 1300, L,D, 1941
§5827. Violation of conditions^of parole
j^ 2 1. Summons for violation. If a probation and parole officer has probable cause to
believe that a oarolee has violated a condition of parole and the officer does not believe
there is a direct threat to public safety. the_o_fficer shall serve ^^ on the parolee
directing the parolee to appear before the board for a parole revocation hearing and shall
provide a copy of the summons to the board.
2. Arrest and detention for violation. If a probation and parole officer has probable
cause to believe that a parolee has Yiolated a conditioa of parole and the officer believes
there is a direct threat to public safety, the officer may arrest and charee the oarolee with a
violation of a condition of parole, take the parolee into custody and detain the parolee.
3. Parole revocation hearing. Upon notification of a summons issued pursuant to
subsection 1 or an arrest under subsection 2. the executive director shall determine whether
a probation revocation proceeding. administrative release revocation proceeding or
supervised release revocation proceeding has also been initiated with respect to the parolee
pursuant to Title 17-A. chapter 67. If at any point during a parole revocatLQiLproceeding
under this section the executive director determines a revocation proceeding pursuant to
Title 17-A, chapter 67 has been initiated with respect to the oarolee. the board shall infonn
the court of the revocation. If no revocation proceeding pursuantio Title 17-A. chapter 67
has been mitiated with respectto the parolee, the board shall schedule a parole revocation
hearing to be held within 30 days of the date that the board is notified of a summons issued
pursuant to sybsection 1 or an arrest issued pursuant to subsection 2. Upon motion of the
parolee, the department or the board, the board may extend the date_ofthe hearing once,
for no more than 30 days, for good cause shown. If the board extends the hearinp date as
provided in this subsection. it shall send a notice of the new hearing date and the reason for
the extension to the department, to the parolee and. if counsel has entered an appearance
for the parolee before the board, to the parolee's counsel.
4. Deductions forfeited upon revocation. If the board revokes a parolee's parole, the
parolee forfeits any deductions under Title 17-A. section 2305 or 2307 earned while on
parole.
5. Earning deductions. While an individual is serving the unexpired portion of a
sentence after parole has been revoked, the individual may earn deductions pursuant to
Title 17-A. chapter 81.
3 6. Jurisdiction. A court of competent jurisdiction in which a probation revocation
proceedine, administrative release revocation Droceedmgo_r,suDeCTis^^^^^ revocation
proceedine pursuant to Title 17-A. chapter 67 has been initiated with respect to a parolee
has exclusive jurisdiction over any parole revocation proceeding regardmgjhe parolee.
7. Counsel. A parolee who has been arrested for an alleged violation of parole has the
right to be represented by counsel at the parole revocation hearing, and if requested, the
court shall aopoint counsel for an indigent party if the party is not ah-eadv represented.
§5828. Parole revocation euidelines
1. Parole revocation In accordance of this section.
the board shall, by rule. develop parole revocation guidelines describing the criteria that
the board must consider during a parole revocation hearing.
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT "^/" to H.P. 1300, L.D. 1941
2. Comprehensive assessment of risk and suitability. The parole revocation
guidelines must require that each parolee subject to a parole revocation hearing be
evaluated through a comprehensive assessment of risk and suitability and that the outcome
of the assessment is the central factor that the board must consider, after finding that a
parolee violated a condition of the parolee's parole, in deciding whether to revoke parole
or to modify the conditions of the parolee's parole. Through the assessment, the board shall
evaluatejhe Barolee_with respect to whether public safety and respect for the law can
adequately be wotected by modifving the conditions of the parolee's parole or whether
revocation of the parolee's uarole is necessary. The board shall use the members' expertise
and discretion in establishing these guidelines and shall develop the guidelines for the
purposes of evaluating each oarolee with respect to, at least, the following criteria:
A. The seriousness and frequency of the parolee's violations of the conditions of parole;
B ,_Whetherthe parolee h_asbeen_chargedwith or convicted of committine a crune while
released on parole;
C. The parolee's efforts to comply with any sanctions imposed under section 5827 for
a technical violation of a condition of parole and with any modified conditions of parole
imposed by the board under section 5827 for a previous violation of a condition of
parole;
D, Any mitigating factors, including substance use disorder or mental health
conditions, that may have contributed to the oarolee's violation of a condition of parole;
and
E. Any other factor that the board determines appropriate or necessarv.
The board has the discretion to determine the extent to which each criterion listed in this
subsection contributes to the board's ultimate decision to revoke or to modify the conditions
of a parolee's parole.
3, Time before reapplyine for parole. The parole revocation guidelines must include
guidelines for the board to apply when deciding the time that must expire before a oarolee
whose parole has been revoked may reapply for parole in accordance with section 5 824.
§5829. Sentence for crime committed by parolee
Except as_othei-wise specified by a court imposine the sentence for a new crime, a
oarolee who commits a new crime while on parole and who is sentenced to the _custodv_of
the department for the new crime must serve the sentence for the new crime concurrently
with the unexpired portion of the sentence that was the subject of the oarolee's parole.
§5830. Discharee from parole
A 2arolee_who faithfully satisfies all of the conditions of parole and who completes the
parolee's sentence is entitled to a certificate of discharge to be issued by the chief
administrative officer_of the coiTectional facility to which the oarolee was committed.
§5831. Victim riehts
L Notice. The Office of Victim Services, established in section 1214 and referred to
in this section as "the office," shall make reasonable efforts to notify each victim of the
follpwine with respect to the relevant aoolicant or parolee;
A. That the aoolicant has applied for parole;
PagelO-132LR1826(03)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"^" to H.P. 1300, L,D, 1941
B, The date of each parole hearine or parole revocation hearing;
C. The outcome of each parole hearing, includine information on any conditions of
parole imposed by the board if parole was granted. and the outcome of each parole
revocation hearing;
D. The fact that the applicant has submitted a petition under Title 5. chapter 375.
subchapter 7 for judicial review of a board decision denying parole; and
E^ The outcome of any petition for judicial review of a board decision denying parole,
2. Rights. When providing a notice under subsection 1 , the office shall provide a victim
with a pamphlet that summarizes in everyday language the provisions of this subchapter;
mfonns the victim of any services or supports available to the victim and clearly explains
how to access these services and supports. mclyding any restorative justice m'oerams.
victim advocacy services and counselmg for victims provided either by the department or
byjndependent victim support organizations; and informs the victim that the victim has the
following rights:
A. The victim may testifv in person atthe parole hearmg or have another person of the
victim's choosing read the victim's testimony at the parole hearine. If the victim
testifies in person at or attends the parole hearing, theMctim may be accompanied by
a_sypport__Berson and may, with the assistance of the office, request that the board
conduct the hearing outside of a corr^^^^ facility and request that the board exclude
the apDlicant from the room duritie the victim's testimony; and
B. If the victun does not wish to testify at the parole hearing or have another person
read the^vjctjm's testimony at the parole hearing, the victim may. prior to the parole
hearing, submit to the office written or recQrdedtestimony or may revise or retract any
written or recorded testimony previously submitted to the office. The office shall
submit to the board the most recent written or recorded testimony received from the
victim under this paragraph for consideration durine the parole hearing.
3. Records. Any written or recorded testimony^received by the board or by the office
under this section may not be included in the applicant's or the parolee's records mamtained
by the department or a con'ectional facility.
§5832. 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 board's determinations or decisions for granting.
denying or revoking parole, Any data related to victkn identification or victim inout that
is personally identifiable to the applicant or oarolee or the applicant's or parolee's case must
be maintained and kept confidential by the board and may be released only to other
6 eovemment agencies, pursuant to a nondisclosure aereement. for Durposes of analysis and
reporting only.
2. Recidivism data. When the board erants parole, the board shall collect data related
9 to the type of reentrv oroerams provided as part of the parolee's parole plan and whether
the parolee is rearrested or^ returned to the correctional facility for a violation of a condition
of parole or for a new crimmal conviction.
3. Record of conformance with or departure from guidelines. The board shall
determine whether a decision granting or denying parole conformed with or departed from
COMMITTEE AMENDMENT
COMMTTTEE AMENDMENT"/* "toH.P. 1300, L.D. 1941
the parole euidelines developed under section 5826 and whether a decision revoking omot
revoking parole conformed with or departed from the Barole revocation guidelines
developed under section 5828.
4. Reportine. The board shall provide the data collected pursuant to this section to the
commissioner for inclusion in the annual report required by section 5208. subsection 1 ,
Usine the data collected pursuant to this subsection, the department shalLassistthe board
in identifi/ine specific factors that are necessary to the board's parole decision-makine
process and shall assist the board in securing training to facilitate the board's future decision
making,
5. Notice to correctional facility. The board shall provide a coov of anv decision to
grant OLdenyparoleand of any decision to revoke or not to revoke parole to the coirectional
facility from which a parolee was uaroled or in. which an appUcant resides, as anplicable,
PART C
Sec. C-l. 17-A MRSA §1603, sub-§l, as enacted by PL 2019,c. 113,Pt. A, §2, is
amended to read:
1. Sentence. A person convicted of the crune of murder must be sentenced to
imprisonment for life. with or without the possibility of parole, 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 must commit the person to the Department of Corrections.
Sec. C-2. 17-A MRSA §1604, sub-§2, ^[A, as enacted by PL 2019,c.113, Pt. A,
§2, is amended to read:
A. In the case of the Class A crime of aggravated attempted murder, the court shall set
a term of imprisonment under section 152-A, subsection 2 of life. with or without the
possibility of parole, or a definite period of any term of years;'
Amend the bill by reletteriag or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and clarifies provisions of the bill in the following
ways.
1. It establishes an effective date of January 1, 2027;
2. It limits the applicability of this legislation to persons in the custody of the
department of corrections pursuant to a sentence imposed on or after January 1, 2027;
3. It requires the executive director of the Maine Parole Board to create and maintain
parole guidelines for parole evaluations and assessments consistent with the Maine Revised
5 Statutes and up-to-date evidence-based best practices in the field of parole evaluations and
assessments.
4. It requires that at least one member of the board be a member of a historically
disadvantaged racial population of the State and that at least one member be a woman.
5. It adds a defmition for "comprehensive assessment of risk and suitability" and
clarifies that the parole guidelines require a comprehensive assessment of risk and
suitability evaluation as part of an application for parole and for revocation of parole.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^,'toH.P. 1300, L,D, 1941
6, It clarifies that, in the absence of specific procedural provisions, the Maine
Administrative Procedure Act governs all procedures of the board.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 03/30/26 t-KL.
LD 1941 LR 1826(03)
An Act to Implement Recommendations of the Commission to Examine Reestablishing Parole
Fiscal Note for Bill as Amended by Committee Amendment '^' ^ (-4 - ^ ^-^
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Future biennium cost increase - General Fund
Correctional and Judicial Impact Statements
The Judicial Branch does not anticipate an increase in the number of cases filed as a result of this legislation,
However, there may be an increase in the length of hearings and court time. Any additional workload can be man' 1
within existing budgeted resources,
Fiscal Detail and Notes
The Department of Corrections will require a General Fund appropriation of $1,182,690 in fiscal year 2031-32 for 18
Probation Officer positions, one Secretary Specialist position, one Advocate position and related All Other costs to
establish parole for individuals sentenced to the custody of the Department of Corrections after May 1, 1976.
LR1826(03) - Fiscal Note - Page 1 of 1