An Act to Implement Recommendations of the Commission to
Maine Legislature, Session 132, LD 1941
Committee: Judiciary
Sponsors: MILLIKEN, DUSON
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

Legislative Document
No. 1941
H.P. 1300
House of Representatives, May 7, 2025
An Act to Implement Recommendations of the Commission to 
Examine Reestablishing Parole
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Senator DUSON of Cumberland and
Representatives: MATHIESON of Kittery, PLUECKER of Warren, SARGENT of York, 
SAYRE of Kennebunk, SINCLAIR of Bath, WARREN of Scarborough, Senators: BEEBE-
CENTER of Knox, TALBOT ROSS of Cumberland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  5 MRSA §12004-G, sub-§7, as enacted by PL 1987, c. 786, §5, is 
amended to read:
7.  
Corrections
State Maine Parole Board
Legislative Per 
Diem
34‑A MRSA 
§5201
Sec. A-2.  34-A MRSA §5001, sub-§1, 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, Pt. B, §160, is 
further amended to read:
§5201.  Establishment
There is established, by Title 5, section 12004‑G, subsection 7, within the Department 
of Corrections, a State 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 5 7 members of the board persons who: meet the 
requirements of this section, subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and confirmation by the Legislature.
1.  Citizens and residents.  Are citizens Each member of the board must be a citizen 
and residents a resident of the State; and.
2.  Training or experience.  Have special training or experience in law, sociology, 
psychology or related branches of social science.
3.  Demographics, training and experience.  Beginning on the effective date of this 
subsection, the Governor shall make every effort to ensure that the racial and gender 
demographic makeup of the board reflects the racial and gender demographic makeup of 
the individuals who were in the custody of the department and within correctional facilities 
as reported by the commissioner during the previous calendar year.  At least one member 
of the board must be a mental health professional; at least one member of the board must 
be an attorney licensed to practice law in this State; at least one member of the board must 
have expertise and experience in the clinical treatment of individuals who commit sexual 
violence offenses; and at least one member of the board must be a formerly incarcerated 
individual.  All other members of the board must have special training or experience in law, 
sociology, psychology or related branches 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 are: governed by the provisions of this section.
1.  Four years; reappointment.  Four Members are appointed for terms of 4 years 
plus the time period until their successors have been 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, except that a member may not serve for more than 8 
consecutive years.
2.  Pleasure of Governor.  During the pleasure of the Governor.
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 annually elect a chairman chair 
who shall preside at all meetings of the board when he is present.
2.  Frequency.  The board shall meet at least once every 2 months month and may 
meet as often as necessary, at such times and places as the chairman board may designate 
by majority vote.
3.  Quorum.  Any 3 5 members constitute a quorum 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, the 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 subchapter 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 having jurisdiction over criminal justice and public safety matters by January 
15, 2026, and annually thereafter.
Sec. A-9.  34-A MRSA §5211, sub-§1, as enacted by PL 1983, c. 459, §6, is 
amended to read:
1.  Rules.  The board may promulgate adopt rules, in accordance with the 
Administrative Procedure Act, Title 5, chapter 375, pertaining to its functions set out in 
this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
Sec. A-10.  34-A MRSA §5212 is enacted to read:
§5212.  Annual training
The board shall arrange for annual training of board members from experts in the field 
regarding best practices in evaluating applications for parole, in interpreting the results of 
the evaluations, in evaluating the validity of actuarial evidence-based risk assessments as 
defined in section 5822, subsection 2 and in designing appropriate conditions of parole.
Sec. A-11. 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 
which each member's term expires in a manner that ensures that the terms of no more than 
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 State Parole Board 
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.
Sec. A-13.  Maine Revised Statutes amended; revision clause.  Wherever in 
the Maine Revised Statutes the words "State Parole Board" appear or reference is made to 
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 
updating, publishing or republishing the statutes.
PART B
Sec. B-1.  34-A MRSA c. 5, sub-c. 6 is enacted to read:
SUBCHAPTER 6
PAROLE
§5821. Applicability
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 May 1, 1976.
§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 
remain within the jurisdiction of the court, unless permission to leave temporarily is granted 
in writing by the individual's probation and parole officer.
2. Actuarial evidence-based risk assessment. "Actuarial evidence-based risk 
assessment" means a validated, evidence-based tool created and modified as necessary to 
predict the likelihood that an individual will pose a threat to others or engage in different 
types of criminal behavior, including violent criminal behavior, within a given time period.
3. Applicant.  "Applicant" means an individual who has applied for parole pursuant to 
section 5824.
4. Evidence-based programming. "Evidence-based programming" means strategies 
and interventions that have been evaluated using empirical research and proven to increase 
the likelihood of achieving desired outcomes.
5. Victim.  "Victim" means a victim of the underlying crime for which a specific 
applicant or parolee was sentenced to the term of imprisonment for which a period of parole 
has been requested or has been granted.
§5823. Parole by board
1.  Authority to grant or revoke parole.  The board may, by majority vote, grant or 
revoke parole as provided in this subsection.
A. The board may grant parole from a correctional facility after the expiration of the 
term of imprisonment, less deductions as provided in Title 17-A, chapter 81.
B. The board may grant parole from a correctional facility to and impose conditions of 
parole on an applicant who satisfies the eligibility requirements set forth in section 
5824, subsections 1 and 2.
C. The board may revoke parole or modify the conditions of parole when a parolee 
violates a condition of that parolee's parole.
2. Duration of parole.  When the board grants a parole, upon release, the parolee shall 
serve the unexpired portion of the parolee's sentence, less deductions as provided in Title 
17-A, chapter 81, subject to the conditions of parole set forth in subsection 3, unless 
otherwise ordered by the board.
3. Custody and conditions. While on parole, the parolee is under the custody of the 
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 department and any 
conditions of parole imposed by the board pursuant to section 5825, subsection 7.
§5824.  Application and eligibility for parole; rulemaking
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 within 90 days prior to applying for parole and if:
A.  The individual's sentence was imprisonment for life with the possibility of parole 
and the individual has served at least 20 years of that sentence; or
B. The individual's aggregate sentence, including any concurrent sentences, was for a 
definite term of not less than 5 years, and the individual has served no less than 1/3 of 
the aggregate, unsuspended portion of that sentence or at least 20 years of that sentence, 
whichever is less.
2. Additional eligibility requirements. In addition to meeting the requirements of 
subsection 1, paragraph A or B, an applicant for parole who is serving a sentence imposed, 
at least in part, on the basis of the applicant's conviction for:
A. One or more offenses in Title 17-A, chapter 11 or 12, is not eligible for parole unless 
the applicant has completed intensive, evidence-based programming for sex offenders 
while incarcerated;
B. One or more offenses in which the victim was a family or household member, as 
defined in Title 19-A, section 4102, subsection 6, is not eligible for parole unless the 
applicant has completed intensive, evidence-based programming for domestic violence 
offenders while incarcerated; and
C.  One or more offenses in Title 17-A, chapter 11, 12 or 35 in which at least one victim 
was a minor at the time of the offense is not eligible for parole until all of the minor 
victims have attained 25 years of age.
3. Parole and parole revocation guidelines; rulemaking.  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 in considering revocation of parole.
§5825. Procedure
1. Preliminary review.  Upon a preliminary determination that an applicant is eligible 
for parole as 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 application was submitted or within 
days after the date that the applicant appears to have met the eligibility requirements of 
section 5824, subsections 1 and 2, whichever is later.
2. Motion to extend time for hearing.  Upon motion of the applicant, the department 
or the board, the board may extend the date of the hearing once, for no more than 30 days, 
for good cause shown.  If the board extends the hearing date as provided in this subsection, 
the board must send notice of the new hearing date and the reason for the extension to the 
department, to the applicant and, if counsel has entered an appearance for the applicant 
before the board, to the applicant's counsel.
3. Mandatory discovery.  No later than 30 days before the date of the hearing, the 
department shall provide copies to the applicant or to the applicant's counsel, if any, of all 
documents that the department submitted to the board in response to the application.  
Before providing copies to the applicant or the applicant's counsel, the department shall 
redact any information made confidential pursuant to law or by order of a court and may 
also redact any other information if the commissioner concludes that disclosure of that 
information would jeopardize the health or safety of any person other than the applicant. If 
any material is redacted, the department shall identify the basis for the redaction and 
summarize the redacted information to the extent possible without revealing the 
confidential information or information that would jeopardize the health or safety of any 
person other than the applicant.
4. Challenge to department's documentary evidence; automatic stay.  No later than 
days after receiving documents pursuant to subsection 3, the applicant may file a motion 
in the court that imposed the sentence currently being served by the defendant to challenge 
the accuracy of or redaction by the department of any information in those documents.  The 
applicant shall immediately notify the board and the department of any motion filed under 
this subsection. The department may file a response within 5 days of receiving the motion.  
Within 30 days of receiving the motion, the court shall, with or without hearing, issue a 
decision either denying the motion or ordering that the department correct, modify or 
supplement the documents, and the court shall provide a copy of the decision to the 
applicant, the board and the department.  The court may, for good cause shown, extend the 
time for issuing its decision on the motion once by no more than 30 days.  If the court 
orders that the department correct or supplement the documents, the department shall, 
within 15 days of the date of the court's decision, send copies of the corrected, modified or 
supplemented documents to the board, the applicant, the applicant's counsel, if any, and 
any other agency to which the department has, within the preceding 12 months, submitted 
any of the information in the underlying documents that was the subject of the court-
ordered correction, modification or supplementation.
The proceedings before the board on an applicant's request for parole are automatically 
stayed during the pendency of a motion filed under this subsection.  The board shall 
schedule a parole hearing to be held within 30 days after the date that the court enters an 
order resolving the motion.
5. Hearing procedure.  The hearing on an application for parole must be video 
recorded, and the applicant may be represented by legal counsel at the hearing. The board 
may review any documentary evidence submitted by the department in accordance with 
the requirements of this section and receive testimony from the applicant and testimony 
from any victim as described in section 5831, subsection 2.
6. Decision.  After considering the evidence presented and after applying the parole 
guidelines, the board shall notify the applicant and the department in writing of its final 
decision on the application within 14 days after the date of the hearing.
7. Parole granted; conditions of parole.  If, after hearing, the board grants the parole 
application, the board shall impose conditions of parole in accordance with the provisions 
of this subsection.
A. The conditions imposed by the board must include each of the mandatory conditions 
that would apply to release on supervised community confinement set forth in section 
3036-A, subsection 3, paragraphs A to I.
B. In addition to the mandatory conditions under paragraph A, if the board determines 
based on the nature and circumstance of the offense that led to the parolee's 
incarceration and the individual characteristics and criminal history of the parolee that 
a condition in subparagraphs (1) to (3) is necessary to mitigate the risk that the parolee 
will again violate the law, the conditions imposed by the board may include the 
following:
(1)  To the extent that the board determines that the parolee has financial resources, 
a requirement that the parolee pay part or all of the costs to the State of the parolee's 
parole;
(2) Any condition that may be imposed as a condition of probation pursuant to 
Title 17-A, section 1807; and
(3) Any condition that the board determines would be appropriate for the parolee, 
except that the conditions may not be more stringent than those that could be 
constitutionally imposed if the parolee were incarcerated in a maximum security 
correctional facility.
8. Parole denied; appeal.  If, after hearing, the board denies the parole application, 
the board shall notify the applicant and the department, in writing, of the reasons for the 
denial and specifying the date, which must be between one and 5 years after the date of the 
denial, after which the applicant may submit a new application for parole. In fixing this 
date, the board shall consider the input from the victim, if any, and the application of the 
parole guidelines. The board shall specify in the written notice of denial the parole 
guideline factors that weighed against the applicant and the specific programs the applicant 
must complete or other activities the applicant must undertake to succeed in a subsequent 
parole application. The applicant may appeal to the Superior Court from a decision of the 
board denying the parole application in accordance with Rule 80C of the Maine Rules of 
Civil Procedure.
§5826. Parole guidelines
1. Parole guidelines.  In accordance with the requirements of this section, the board 
shall, by rule, develop parole guidelines describing the risk assessment criteria that the 
board must consider in evaluating an application for parole. The parole guidelines must 
include a matrix of parole release decision recommendations for different risk levels.
2. Actuarial evidence-based risk assessment.  The parole guidelines must require that 
each applicant be evaluated using an actuarial evidence-based risk assessment and direct 
that the outcome of this assessment is the central factor that the board must consider in 
making its decision regarding the timing of and conditions of release on parole.  The board 
shall consult with the Permanent Commission on the Status of Racial, Indigenous and 
Tribal Populations as established by Title 5, section 12004-J, subsection 19 and other 
relevant persons identified by the permanent commission in selecting an actuarial evidence-
based risk assessment, giving due regard to the racial bias inherent in many extant 
assessments.  The board shall, at least once every 5 years, reevaluate the predictive 
accuracy of the actuarial evidence-based risk assessment as determined by data compiled 
by the board including, at a minimum, data regarding the recidivism rate of individuals 
granted parole under this subchapter.
3. Other factors.  In addition to the actuarial evidence-based risk assessment described 
in subsection 2, the parole guidelines must require that the board consider at least the 
following 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 applicant's program and treatment participation and progress while in custody;
C. The applicant's conduct, including the performance of any community service, while 
in custody;
D. The adequacy of the applicant's parole plan;
E. Whether, while the applicant 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;
F. 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;
G. Whether the applicant has previously absconded or escaped or attempted to abscond 
or escape while on conditional release;
H. Whether the applicant completed or worked toward completing a high school 
diploma, a high school equivalency diploma or a college degree while the applicant 
was in custody; 
I.  Any aggravating or mitigating factors from the conviction leading to the applicant's 
current incarceration; and
J. Any other factor that the board determines appropriate or necessary.
4. Parole guidelines for applicants convicted of sex offenses.  The board shall, by 
rule, develop separate parole guidelines that the board must consider in evaluating 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 
or 12. The parole guidelines developed under this subsection must include a matrix of 
parole release decision recommendations for different risk levels; must include the 
adoption of an actuarial evidence-based risk assessment specific to applicants convicted of 
sex offenses that complies with the requirements of subsection 2; and must require the 
board to consider additional factors in accordance with subsection 3.
5. Parole guidelines for applicants convicted of domestic violence offenses. The 
board shall, by rule, develop separate parole guidelines that the board must consider in 
evaluating 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 which 
the victim was a family or household member as defined in Title 19-A, section 4102, 
subsection 6. The parole guidelines developed under this subsection must include a matrix 
of parole release decision recommendations for different risk levels; must include the 
adoption of an actuarial evidence-based risk assessment specific to applicants convicted of 
domestic violence offenses that complies with the requirements of subsection 2; and must 
require the board to consider additional factors in accordance with subsection 3.
6. 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, applicants, criminal justice professionals 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 granted, identifying the conditions of parole, that accurately capture the board's 
rationale, including 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 protected from 
display during any board hearing and on any form that may become part of an applicant's 
record.
7. Coordination of risk and needs.  The board shall coordinate parole conditions and 
services with the assessed risk and needs as determined under the parole guidelines.
§5827. Violation of conditions of parole
1. Technical violation.  If a parolee violates a condition of parole in a technical 
manner, as defined by the board by rule, the probation and parole officer may impose any 
sanction authorized by the board by rule for technical violations.
2.  Summons for violation. If a probation and parole officer has probable cause to 
believe that a parolee has violated a condition of parole in a manner that does not qualify 
as a technical violation under subsection 1 and the officer does not believe there is a direct 
threat to public safety, the officer shall serve a summons 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.
3. Arrest and detention for violation.  If a probation and parole officer has probable 
cause to believe that a parolee has violated a condition of parole in a manner that does not 
qualify as a technical violation under subsection 1 and the officer believes there is a direct 
threat to public safety, the officer may arrest and charge the parolee with a violation of a 
condition of parole, take the parolee into custody and detain the parolee, pending issuance 
of a parole violation warrant under subsection 4.  The detention may not extend beyond the 
next business day and, if the warrant is not issued in that time, the parolee must be released 
from arrest and detention.  If a warrant is issued, the probation and parole officer shall 
comply with the detention and notice requirements of subsection 4. A parolee arrested and 
detained on the basis of an alleged violation of a condition of parole does not have a right 
of action against the officer or against any other person based on the arrest or detention.
4. Issuance of warrant for violation; tolling of sentence.  If a probation and parole 
officer has probable cause to believe that a parolee has violated a condition of parole in a 
manner that does not qualify as a technical violation under subsection 1 and the officer 
believes there is a direct threat to public safety, the commissioner may issue a warrant for 
the parolee's arrest.   If a warrant is issued, a probation and parole officer, or any other law 
enforcement officer within the State authorized to make arrests, may arrest the parolee and 
return the parolee to the correctional facility from which the parolee was paroled and notify 
the board of the arrest.  After the issuance of a warrant under this subsection, 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.  If the warrant is withdrawn before 
the parolee is arrested, the parolee must be credited with the time lost by the tolling of the 
running of the parolee's sentence under this subsection.
5. Parole revocation hearing.  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 under 
subsection 2 or an arrest under subsection 4.  Upon motion of the applicant, the department 
or the board, the board may extend the date of the hearing once, for no more than 30 days, 
for good cause shown.  If the board extends the hearing date as provided in this subsection, 
it must send notice of the new hearing date and the reason for the extension to the 
department, to the applicant and, if counsel has entered an appearance for the applicant 
before the board, to the applicant's counsel.
6. Hearing procedure; decision.  The parole revocation hearing must be video 
recorded.  At the hearing, the parolee may be represented by counsel and has the right to 
present evidence and to present and cross-examine witnesses. If the board finds after 
hearing that there is clear and convincing evidence demonstrating that the parolee violated 
a condition of parole as alleged and that the violation was not a technical violation under 
subsection 1, the board may either modify the conditions of parole or revoke the parole and 
remand the parolee to the correctional facility from which the parolee was paroled.  If the 
board revokes the parole, the board shall specify the time that must expire before the 
parolee may reapply for parole in accordance with section 5824.  If the board finds after 
hearing that there is not clear and convincing evidence demonstrating that the parolee 
violated a condition of parole or that the condition violated was not a technical violation 
under subsection 1, the underlying parole order remains in effect and, if the parolee was 
returned to a correctional facility under subsection 4, the parolee must be released and the 
parolee must be credited with the time lost by the tolling of the running of the parolee's 
sentence under subsection 4.
7. Deductions forfeited upon revocation. If the board revokes a parolee's parole under 
subsection 6, the parolee forfeits any deductions under Title 17-A, section 2305 or 2307 
earned while on parole.
8. Earning deductions.  While an individual is serving the unexpired portion of a 
sentence after parole has been revoked under subsection 6, the individual may earn 
deductions pursuant to Title 17-A, chapter 81.
§5828. Parole revocation guidelines
1. Parole revocation guidelines.  In accordance with the requirements 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.
2. Actuarial evidence-based risk assessment.  The parole revocation guidelines must 
require that each parolee subject to a parole revocation hearing be evaluated using an 
actuarial evidence-based risk assessment and direct that the outcome of this assessment is 
the central factor that the board must consider, after finding that the parolee violated a 
condition of parole, in deciding whether to revoke parole or to modify the conditions of 
parole.  The board shall consult with the Permanent Commission on the Status of Racial, 
Indigenous and Tribal Populations as established by Title 5, section 12004-J, subsection 19 
and other relevant persons identified by the permanent commission in selecting an actuarial 
evidence-based risk assessment, giving due regard to the racial bias inherent in many extant 
assessments.  The board shall, at least once every 5 years, reevaluate the predictive 
accuracy of the actuarial evidence-based risk assessment as determined by data compiled 
by the board including, at a minimum, data regarding the recidivism rate of individuals 
granted parole under this subchapter.
3. Other factors.  In addition to the actuarial evidence-based risk assessment described 
in subsection 2, the parole revocation guidelines must require that the board consider at 
least the following additional criteria in making its decision whether to revoke parole or to 
modify the conditions of parole:
A. The seriousness and frequency of the parolee's violations of conditions of parole;
B. Whether the parolee has been charged with or convicted of committing a crime while 
released on parole;
C. The parolee's efforts to comply with any sanctions imposed under section 5827, 
subsection 1 for a technical violation of a condition of parole and with any modified 
conditions of parole imposed by the board under section 5827, subsection 6 for a 
previous violation of a condition of parole;
D. Whether public safety can adequately be protected by modifying the conditions of 
parole;
E. Any mitigating factors, including substance use disorder or mental health conditions, 
that may have contributed to the parolee's violation of a condition of parole; and
F. Any other factor that the board determines appropriate or necessary.
4. Least restrictive sanction. The parole revocation guidelines must require, in 
making a decision whether to revoke parole or to modify the conditions of parole, that the 
board not revoke parole unless the board determines that public safety cannot adequately 
be protected by modifying the conditions of parole.
5. Time before reapplying for parole.  The parole revocation guidelines must include 
guidelines for the board to apply when deciding the time that must expire before a parolee 
whose parole has been revoked may reapply for parole in accordance with section 5824.
§5829. Sentence for crime committed by parolee
Except as otherwise specified by a court imposing the sentence for a new crime, an 
individual who commits a new crime punishable by imprisonment for one year or more 
while on parole and who is sentenced to the custody 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 individual's parole.
§5830. Discharge from parole
A parolee 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 correctional facility to which the parolee was committed.
§5831. Victim rights
1. Notice.  The Office of Victim Services, established in section 1214 and referred to 
in this section as "the office," shall make a good faith effort to notify each victim of the 
following with respect to the relevant applicant or parolee:
A. That the applicant has applied for parole;
B. The date of each parole hearing or parole revocation hearing;
C. The outcome of each parole hearing, including 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 appealed a board decision denying parole; and
E. The outcome of any appeal from 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; 
informs the victim of any services or supports available to the victim and clearly explains 
how to access these services and supports, including any restorative justice programs, 
victim advocacy services and counseling for victims provided either by the department or 
by independent victim support organizations; and informs the victim that the victim has the 
following rights:
A.  The victim may testify in person at the parole hearing or have another person of the 
victim's choosing read the victim's testimony at the parole hearing.  If the victim 
testifies in person at or attends the parole hearing, the victim may be accompanied by 
a support person and may, with the assistance of the office, request that the board 
conduct the hearing outside of a correctional facility and request that the board exclude 
the applicant from the room during the victim's testimony; and
B. If the victim does not wish to testify at the parole hearing or have another person 
read the victim's testimony at the parole hearing, the victim may, prior to the parole 
hearing, submit to the office written or recorded testimony or may revise or retract any 
written or recorded testimony previously submitted to the office. The office must 
submit to the board the most recent written or recorded testimony received from the 
victim under this paragraph for consideration during 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 maintained 
by the department or a correctional 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 basis for the outcomes of the board's determinations 
or decisions for granting, denying or revoking parole.  Any data related to victim 
identification or victim input that is identifiable to the applicant or parolee or the applicant's 
or parolee's case must be maintained and kept confidential by the board and may be released 
only to other government agencies, pursuant to a nondisclosure agreement, for purposes of 
analysis and reporting only.
2. Recidivism data.  When the board grants parole, the board also shall collect data 
related to the type of reentry programs 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 criminal conviction within the 3 years following the 
parolee's release on parole.
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 
the parole guidelines developed under section 5826 and whether a decision revoking or not 
revoking parole conformed with or departed from the parole revocation guidelines 
developed under section 5828.  If a 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 
commissioner for analysis and inclusion in the annual report required by section 5208.  
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.  Record keeping.  The board shall provide a copy of any decision granting or 
denying parole and of any decision revoking or not revoking parole to the correctional 
facility from which the parolee was paroled.
PART C
Sec. C-1.  17-A MRSA §1603, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Sentence.   A person convicted of the crime 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;
PART D
Sec. D-1. Applicability. Notwithstanding the Maine Revised Statutes, Title 34-A, 
section 5824, a person who is incarcerated and in the custody of the Department of 
Corrections on the effective date of this Act is not eligible for parole until at least 5 years 
after the effective date of this Act.
SUMMARY
This bill implements the recommendations of the Commission to Examine 
Reestablishing Parole, as established by Resolve 2021, chapter 126.
Part A of this bill renames the State Parole Board the Maine Parole Board and increases 
the membership of the board from 5 to 7 members appointed by the Governor, at least one 
of whom must be a formerly incarcerated individual.  It also provides that member 
appointments must be reviewed by the joint standing committee of the Legislature having 
jurisdiction over judiciary matters and confirmed by the Legislature, and members must 
receive annual training regarding best practices in evaluating applications for parole and 
designing appropriate conditions of parole.
Part B of the bill amends the laws governing parole.  Current law provides that only 
individuals in the custody of the Department of Corrections pursuant to a sentence imposed 
under the law in effect before May 1, 1976 are eligible for parole.  As recommended by the 
Commission to Examine Reestablishing Parole, this bill establishes the option of parole for 
individuals sentenced to the custody of the Department of Corrections after May 1, 1976.  
The bill incorporates the concepts of positive reentry parole; research and testimony 
presented to the Commission to Examine Reestablishing Parole by persons with expertise 
in victims' rights and advocacy, probation and parole structure and restorative justice; and 
some of the technical aspects of Maine's existing parole law.
Part C of the bill amends the laws governing sentencing to provide that, when a person 
is sentenced to imprisonment for life, the sentencing court must specify whether the person 
is or is not eligible for parole.
Part D of the bill specifies that a person who is incarcerated and in the custody of the 
Department of Corrections on the effective date of this legislation is not eligible for parole 
until at least 5 years after the effective date of this legislation.