Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 208 - MAINE STATE PAROLE BOARD › Chapter 1 - RULES AND POLICY › Section 208-1-I - THE PAROLE BOARD

Current through 2024-29, July 17, 2024
A. PURPOSE
The Parole Board's purpose is to protect and enhance public
				  community as law abiding members prior to the expiration of their sentences.
				  Successful reintegration requires a parole program which continues
				  institutional progress toward rehabilitation and is consistent with the safety
				  of the community. Parole is a system designed to provide both supervision and
				  assistance to the parolee in his re-establishment into the community.
Parole eligibility is regulated by statute. Eligibility
				  differs with the type of sentence given and with the institution to which the
				  prisoner is committed. ( 34-A M.R.S.A. §5803, §5804, s5805). On May
				  1, 1976, parole release became limited to offenders sentenced to Maine State
				  Prison, Maine Correctional Center, or Women's Correctional Center for offenses
				  committed prior to that date. Adult offenders who committed crimes after May 1,
				  1976 are not subject to parole release. ( P.L. 1975, C. 499, § 71
				  effective May 1, 1976)
In considering parole, the Board reviews the entire record of
				  the inmate; including personal history, criminal record, institutional
				  performance, and initiative toward reintegration into society. The Board also
				  weighs the attitudes and plans expressed in a direct interview with the inmate
				  and his/her representative.
Since each person has unique problems and needs, the Board
				  may require a highly individualized parole plan and shall exercise its own
				  judgment in determining whether or not to impose or remove specific conditions
				  of parole. It is the responsibility of the parole officer to assist the Board
				  in assuring that conditions of parole are met and the Board views the parole
				  officer as counselor who can help the parolee either directly or through
				  referral.
B. STRUCTURE
The Maine Parole Board is composed of five members with
				  special training or experience in law, sociology, psychology,, or related
				  branches of social science ( 34-A M.R.S.A. §5202 ). Members are appointed
				  by the Governor for a term of four years ( 34-A M.R.S.A. § 5303 ). The
				  Board must meet at least once every two months and may meet otherwise as often
				  an necessary [ 34-A M.R.S.A. §5206(3) ]. Three members constitute a
				  quorum, Id.
The Board shall have an Administrative Assistant, who may
				  interview inmates and make written recommendations to the Board concerning
				  disposition in certain cases, but the recommendation of the Administrative
				  Assistant must be considered at a regular Board Meeting.
C. POWERS AND DUTIES
1. Duties ( 34-A M.R.S.A. §5210 ) The
				Board shall:
a. Time of parole. Determine the
				time of parole for each committed offender;
b. Parole Revocation. Revoke parole when
				warranted due to a parole violation;
c. Discharge from parole. Determine the time
				of discharge of Parole from parole supervision; and
d. Advice to Governor. When requested by the
				Governor, advise him concerning applications for pardon, reprieve, or
				commutation:
(1) The Board shall hold
				hearings, cause an investigation to be made and collect records to determine
				the facts and circumstances of a committed offender's crime, past criminal
				record, social history and physical and mental condition as may bear on the
				application.
(2) The Board shall
				make recommendations regarding action by the Governor on the
				application.
(3) All information
				obtained under this subsection, and any report furnished to the Governor under
				this subsection, is confidential.