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

Current through 2024-29, July 17, 2024
MAINE STATE PAROLE BOARD
INITIAL HEARINNOTICE
From: Maine State Parole Board
In order to assist you in preparing for your parole hearing,
				  the Parole Board offers this explanation of its policies and procedures in
				  granting or denying parole.
In evaluating an inmate's case, the Board considers but is
				  not limited to the following factors:
1. Your Parole Plan. The Board expects you to know what you
				  will do when you leave the institution. Your plan must include a job or
				  educational program, living arrangements and community resources for assistance
				  when necessary. The Board will also want to explore your family situation.
				  Obviously, the Board considers it a plus if you have a stable home environment.
				  The Board also looks for a willingness to assume responsibilities.
2. Your Personal History. The Board will review your
				  education and vocational training, occupational skills, employment record,
				  military record, and record of narcotics and alcohol abuse.
3. Your Criminal History. The Board will consider the
				  seriousness of the committal offense as well as the seriousness and time span
				  of prior criminal offenses. It will consider any pending charges.
4. Your Conduct in the Institution. The Board will focus on
				  whether you have taken advantage of self-improvement programs and how you have
				  behaved in the institution, including the nature and number of disciplinary
				  proceedings that you may have
5. Your Conduct During any Previous Probation or
				  Parole.
6. Psychological Evaluations. In order to assist the Board in
				  determining risk to the community, it may ask that you undergo psychiatric or
				  psychological evaluation.
7. Recommendations Made by the Sentencing Court.
8. Observations Concerning Your Proposed Plan made by the
				  Investigating Parole Officer.
The Board gets its information mainly from three
				  sources:
A. A report prepared by the institutional and parole staff
				  which contains information bearing on the factors previously mentioned,
				  and
B. You. The Board expects you to convince them that your
				  parole plan is sound and that you are ready for parole.
C. Any other information direct or indirect from other
				  sources which is relevant.
In addition to your personal presentation, you may present
				  letters and other documentary information to the Board. If you cannot
				  adequately articulate your thoughts or if you believe the issues to be
				  presented are so complex that you cannot adequately bring them before the
				  Board, you are free to request the attendance of a responsible person to speak
				  in your behalf. However, the hearings are conducted in an informal,
				  non-adversary manner and you are not entitled to legal counsel.
If you wish to review portions of your records, you must
				  notify the Classification Department in writing at least 60 days-in advance of
				  your scheduled parole hearing.
Also, if you wish to have your release hearing tape recorded,
				  for the purposes of appeal, you must notify the probation-parole officer at
				  least 60 days prior to your scheduled parole hearing. If you should be denied
				  parole, you shall receive oral and written explanations of the reasons for
				  denial at the time of the hearing and you shall be sent a memorandum stating
				  more fully the reasons for denial within ten (10) days of the hearing. This
				  memorandum may include suggestions for future parole, but the suggestions are
				  in no way binding on the Board.
MAINE STATE PAROLE BOARD
HEARING NOTICE
The Maine State Parole Board will conduct a parole release
				  hearing on ______________ at _______________________________.
At this hearing the Board will consider:
____________________ Parole to program or plan outside the
				  prison;
____________________ Parole and discharge to another
				  sentence;
____________________ Parole to warrant.
Date: ____________________
				  _______________________________
Secretary of M.S.P.B.
I have received this form on
				  ____________________________________ and have
discussed the criteria for parole release outlined in the
				  Initial Hearing Notice with a probation-parole officer. I understand that
				  comments made by the probation-parole officer are advisory only and not binding
				  on the Board or a guarantee that I will be granted parole.
Signed: ______________________________ Date:
				  _____________________
Witness: ______________________________
MAINE STATE PAROLE BOARD
INMATE REQUEST FORM
_________________________________
(Date) .
TO: Maine State Parole Board
Warden/Superintendent
Classification Department
(Make a checkmark beside your request)
________1. I request that you provide me with portions of my
				  case history so that I may review it before meeting with the Parole Board
				  on
________2. I request the attendance of to speak in my behalf
				  at my parole release hearing.
________3. I request that the Parole Board tape record my
				  release hearing.
____________________________
(3) copies required)
MAINE STATE PAROLE BOARD
NOTICE OF PAROLE DECISION
______________________________
(Date) .
TO:
				  _________________________________________________________________
Institution & Number:
				  ____________________________________________________
The Maine State Parole Board has on this __________________
				  day of _____________________, 19 ____given your case consideration and has
				  arrived at the following decision:
_______1. That you be paroled.
_______2. That you be paroled, subject to placement by the
				  Division of Probation & Parole.
_______3. That you be paroled, subject to the following
				  special conditions:
_______4. -That your case be CONTINUED to because of the
				  following
_______5. That you be DENIED parole, because of the
				  following:
The State Parole Board is a separate unit created by Statute
				  to parole or revoke parole at this institution. The officials of the
				  institution, where the Board holds its hearing, act in an advisory capacity
				  only and have no control over the decisions of the Board.
___________________________________
(Secretary, M.S.P.B.) .
MAINE STATE PAROLE BOARD
PAROLE RECONSIDERATION POLICY
It is the policy of the Parole Board to reconsider a decision
				  to grant parole when subsequent to that decision, but prior to the effective
				  date of the parole, the inmate commits a violation of law or a serious
				  violation of the rules governing furlough, work release, or institutional
				  discipline. The Board may also reconsider a decision to grant parole when new
				  information comes to light indicating that the parolee may present danger to
				  the community.
At parole reconsideration hearings, the following procedural
				  safeguards will be observed to insure fair fact-finding by the Board.
1. Notice to inmate of the alleged act(s) which constitute
				  the basis of the Board's reconsideration, as well as disclosure of the
				  evidence;
2. Opportunity to appear and speak in his own behalf;
3. Opportunity to present witnesses and other evidence in his
				  own behalf;
4. Opportunity to confront those alleging misconduct, unless
				  the Board determines that disclosure of identity will create risk of reprisal
				  or disruption within the institution.
5. Prompt written notice of finding and evidence relied upon.
In those cases which fall within this policy, a single member
				  of the Board may authorize the inmate held at the institution until the next
				  regular meeting of the Board.
Signed: ______________________________________ Date:
				  __________________
MAINE STATE PAROLE BOARD
NOTICE OF PAROLE RECONSIDERATION
TO:
				  _________________________________________________________________
FROM: Maine State Parole Board
You are hereby notified that the Parole Board will reconsider
				  its decision of _________________ to _________________based on the
				  following:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
A reconsideration hearing will be held on this matter
				  on
_____________________________, 19.______at
				  _________________
I have received a copy of the Parole Board's policy on Parole
				  Reconsideration and Notice of Parole Reconsideration Hearing.
I request the following witnesses at the reconsideration
				  hearing.
________________________________
				  ____________________________
________________________________
				  ____________________________
Signed: _________________________
				  Date:________________________
Witness:_________________________
DEPARTMENT OF CORRECTIONS
DIVISION OF PROBATION & PAROLE
CERTIFICATE NO.____________________
CERTIFICATE OF PAROLE
I, _____________________________, in consideration of the
				  granting of parole by the State Parole Board, agree to comply with the
				  following parole release conditions:
1. I will comply with all federal, state and municipal
				  laws.
2. I will report regularly to my parole officer, as
				  instructed.
3. Before I change my residence, I will report to my parole
				  officer in person and inform him of my new address.
4. I will make a diligent effort to maintain gainful
				  employment unless excused by the Parole Board.
5. I will report to my parole officer in person before I
				  change my employment; and if terminated, I will promptly notify my parole
				  officer.
6. I will obtain permission from my parole officer prior to
				  leaving the State. Should I leave the State without permission, I hereby do
				  waive extradition to the State of Maine from any jurisdiction in or outside the
				  United States where I may be found and also agree that I will not contest any
				  effort by any jurisdiction to return me to the State of Maine.
7. I agree that upon being arrested, detained, or questioned
				  by a law enforcement officer, I will identify myself as a parolee by presenting
				  my Parolee Identification Card, which I will carry at all times, to the
				  officer. I also agree to advise my parole officer of the contact within 24
				  hours.
8. 1 will comply with any additional special conditions
				  imposed by the Parole Board or temporary imposed by my supervising parole
				  officer.
9. I will comply with the following conditions:.
I have read, or had read to me, and understand the above
				  conditions. I realize that failure to abide by any of the conditions may result
				  in my return to the institution as a parole violator.
Signed:______________________________ Witness:
				  _______________________
In consideration of, and subject to, the above conditions,
				  the State Parole Board, acting under the laws of Maine, hereby grant parole to
				  an inmate of _________________ such parole to become effective on
				  ________________ and continued in effect until, ________________________ or
				  until such parole is revoked, or until such inmate is discharged in accordance
				  with the laws of the State of Maine.
Date: ________________________
				  ______________________________
(Secretary M.S.P.B.)
STATE PAROLE BOARD: ______________________________
Chairperson
_________________________________
				  ______________________________
Member Member
_________________________________
				  ______________________________
Member Member
MAINE STATE PAROLE BOARD
NOTICE OF CHANGE IN PAROLE CONDITION
Date________________
TO:
				  __________________________________________________________________
Institution & Number:
				  ____________________________________________________
SUBJECT: Special Condition of Parole
On _______________________ Parole Officer
				  _______________________requested that the following Special Condition(s) of
				  Parole be added to your parole certificate:
The above condition(s) was (were) provisionally added to your
				  Parole Certificate on the date of the Parole Officer's request and is (are)
				  effective until removed by the Parole Board. Violation of this new condition
				  may result in your being returned to __________________________as a Parole
				  Violator.
The new conditions shall be reviewed on _____________ at
				  _______________. At this time the Board will determine whether to make
				  permanent or remove the new condition(s).
You have the right to appear at the hearing and contest the
				  addition of the above mentioned condition(s). Your Parole Officer will notify
				  the Parole Board if you wish to appear and contest the condition(s) or you may
				  personally request to appear by calling the Parole Board Office, Tel: 289-2711,
				  or writing them at State House Station # 111, Augusta, ME 04333. If you
				  personally request to appear, your Parole Officer will be advised of your
				  request.
I hereby acknowledge that I understand the special
				  conditions) and my right to contest the new condition(s). My Parole Officer
				  shall forward the original of this form to the Parole Board within 48 hours of
				  issuance or said conditions) shall immediately become null and void.
Signed: ____________________________ Date:
				  ____________________
(Parolee)
Signed: ____________________________ Date:
				  ____________________
(Parole Officer)
STATE OF MAINE
DEPARTMENT OF CORRECTIONS
DIVISION OF PROBATION & PAROLE
NOTICE OF WARNING
TO:
				  _________________________________________________________________
Court/Institution No.: ___________________ Date:
				  _____________________
I hereby acknowledge that I have been warned today by my
				  supervising officer that the matters listed below are possible violations of
				  supervision and are contrary to my own interest, the interest of the community
				  and the rules and regulations governing supervision.
I understand the nature and intent of this warning and agree
				  to comply fully with the instructions of my supervising officer so as to avoid
				  the possibility of violation proceedings.
WITNESS:
__________________________________
				  __________________________
(Officer)
(Offender)
PP-21
STATE OF MAINE
DEPARTMENT OF CORRECTIONS
DIVISION OF PROBATION & PAROLE
PAROLE/ENTRUSTMENT VIOLATION REPORT
TO: Director, Probation & Parole
FROM:
				  _______________________________________________________________
SUBJECT:
				  ____________________________________________________________
____________________________ , duly appointed an authorized
				  Officer,
alleges that ________________________ who was released from
				  the ___________________ on ______________, 19_______ and to which institution
				  _________________ was sentenced to a term of _____________________________ for
				  the offense of ______________________ has now violated the terms and conditions
				  of supervision as follows:
__________________________________ Date:
				  _____________________
(officer)
Warrant
to Issue ____________________________ Date:
				  _____________________
(Director)
PP-36
STATE OF MAINE
DEPARTMENT OF CORRECTIONS
DIVISION OF PROBATION & PAROLE
ARREST AND DETENTION WARRANT
To any State Probation-Parole Officer/Juvenile Caseworker or
				  to any State Police, Sheriff or other Police Officer authorized to serve
				  criminal process and to
_____________________________ of the
				  ______________________________
WHEREAS _____________________, a release from
				  __________________situated at _______________________in the County of
				  ____________________, State of Maine by the ______________________________
				  Court, after conviction/adjudication and sentence for the crime(s) of
				  _________________________________________
_____________________________.
AND WAS, on ______ day of ______________19 _____ released on
				  supervision from the institution aforesaid and;
WHEREAS, satisfactory evidence has been presented to the
				  Director of Probation and Parole, that the said ______________________ has
				  violated the conditions of his release, the undersigned, Director of Probation
				  and Parole, hereby orders the issuance of this Warrant for the arrest and
				  detention of said _______________ wherever found in your jurisdiction.
				  Detention shall be at a county jail or other approved facility until a
				  Preliminary Hearing is held by Probation and Parole.
Given under my hand this .
_____day _____________ 19___
Probation and Parole
___________________________
(Director) .
PP-27
DIVISION OF PROBATION AND PAROLE
PRELIMINARY HEARING NOTICE
PAROLE VIOLATION
TO:._________________________________________________________________
FROM:
				  _______________________________________________________________
You are hereby notified that you stand charged with the
				  following violations of conditions of your parole:
				  ________________________________________________
__________________________________________________________________________________________________________________________________________
A preliminary hearing will be held on this matter on
				  _____________________ 19 _____at ________ M. at
				  ________________________________ for the purpose of determining whether there
				  is reasonable ground to believe that the above charges are true.
You are entitled to appear and speak in your behalf at such
				  hearing and to present witnesses and documentary evidence.
You may request the presence of persons who have furnished
				  adverse formation upon which revocation of your parole may be based. Upon the
				  appearance of such persons at the hearing, you may ask questions of them in
				  connection with the charges against you of violation of parole. (Your request
				  for the attendance of adverse witnesses will be evaluated by the hearing
				  officer, and you will be advised as to whether your request will be granted in
				  advance of the hearing.)
I, __________________________________ understand that a
				  preliminary hearing is to be held to determine whether there is reasonable
				  ground to believe that I have violated the conditions of my parole and that I
				  am entitled to be personally present to speak in my behalf at such preliminary
				  hearing, present witnesses, and may request the presence of adverse witnesses
				  for the purpose of confrontation and cross-examination.
Knowing fully the charges against me, I do/do not wish to
				  appear and speak on my own behalf at such preliminary hearing and do/do not
				  request the presence of adverse witnesses at such preliminary hearing.
I request the following witnesses at my preliminary
				  hearing:
______________________ ____________________
				  _________________
Signed: ____________________________ Date:
				  _____________________
Witness:___________________________
STATE OF MAINE
DEPARTMENT OF CORRECTIONS
DIVISION OF PROBATION & PAROLE
PRELIMINARY HEARING REPORT
PAROLE/PROBATION VIOLATION
____________________Date:
TO: _____________________________
				  Department/Court:_________________
Subject:__________________________ Preliminary Hearing:
				  Parole/Probation
(1) Date: _______________
(2) Time:_________
(3) Location: __________
-(4) Hearings Officer: _________________
(5) Others Present and Reasons: ____
__________________________________________________________________________________________________________________________________________
(6) Violation(s) Alleged:
				  _____________________________________________________________________
(7) Rights Reviewed: Waived:
(8) Documents to Alleged Violator
(a) Appear and Speak ______
(a) PH. Notice ______
(b) Present Witnesses ______
(b) Warrant ______
(a) Cross-Examine ______ (Parole only) ______
(d) Remain Silent ______
(c) Parole Violation ______
Report
(9) Witness requested but not in attendance
				  ___________________________
State reasons for non-attendance
				  _________________________________
(10) Violation(s) Admitted: _____________ Violation(s)
				  Denied: _____________
(11) Finding:
				  _______________________________________________________ Summary of Supporting
				  Evidence:
(12) Disposition:
				  ____________________________________________________
(13) Documents to Violator (PAROLE) Documents to Violator
				  (PROBATION)
(a) Final Hearing _______ (a) Motion for Revocation ______
Notice (b) Preliminary Hearing ______
(b) Preliminary Report
Hearing Report _______
(c) Procedures for
Parole Revocation _______
(14) Teletype Cancellation Notification: ________ By:
				  _________________________
(15) Basis for Disposition:
				  _____________________________________________
___________________________________________________________________
(16) Circumstances of Arrest/Outstanding Warrants:
				  ________________________
___________________________________________________________________
PP-35
Rev. 7/85
MAINE STATE PAROLE BOARD
NOTICE OF HEARING OF PAROLE VIOLATION
TO:
				  _________________________________________________________________
You are charged with having violated the following conditions
				  of parole: ____________
__________________________________________________________________________________________________________________________________________
A summary of the evidence is:
				  ____________________________________________
_____________________________________________________________________
The witnesses) against you is (are):
				  ________________________________________
_____________________________________________________________________
The Parole Board will conduct a hearing on
				  ____________________, 19 ____, at________ o'clock, at
				  _____________________________ to determine whether or not you have violated
				  this (these) condition(s) of parole and, if so, whether or not to revoke your
				  parole.
At this hearing you will have an opportunity, if you wish, to
				  be confronted by the witnesses against you. You also will have the right to
				  speak on your own behalf and the right to present your own witnesses) as well
				  as other evidence. However, if the alleged violation(s) is (are) a new
				  convictions), the Board shall not relitigate the issues leading to
				  convictions).
At the hearing you may represent yourself or you may be
				  represented by a lawyer. If you wish to be represented by a lawyer, you may
				  retain one at your own expense. If you cannot afford to retain a lawyer, you
				  may ask the Parole Board to consider obtaining one for you, and the Board will
				  consider doing so.
You have a right to request that a particular Parole Board
				  member not hear your case if you feel this person may be personally biased
				  against you.
Rev. 1/78
I, _______________________________, have read and understand
				  the notice on page 1.
I choose to do the following:
1. (Check one)
I _______ do wish to be confronted by the witnesses) against
				  me.
_______do not*
2. I ________do wish to call witnesses) on my behalf.
________do not
If yes, witnesses):
				  _________________________________________
____________________________________________________________________________________
3. (Check one)
_______ I wish to represent myself.
_______ I wish to have my lawyer represent me.
My lawyer's name is
				  ________________________________________
_______ I cannot afford to retain a lawyer. I request the
				  Parole Board to consider obtaining one for me. I prefer that Attorney
				  _______________ represent me, if possible.
His address is
				  _______________________________________________
His phone number is
				  __________________________________________
___________________________
(Parolee signature) .
_________________________ __________________________
(Date) (Probation-Parole
or
Institutional Parole officer
*If you do not elect to be confronted by adverse witnesses),
				  official parole report,, other official documents and testimony of adverse
				  witness(es) at the preliminary hearing may constitute proof of violation at
				  final hearing before the Board.
Rev. 1/78
MAINE STATE PAROLE BOARD
PROCEDURES FOR PAROLE REVOCATION
I. STATEMENT OF PURPOSE
These procedures are designed to comply with due process
				  requirement in providing procedural fairness for parolees charged with
				  violations of parole conditions.
II. NOTICE TO, AND ELECTION BY, PAROLEE
Whenever the case of a parolee charged with parole violation
				  is referred to the Parole Board, the parolee will be given a form entitled,
				  "Notice of Hearing of Parole Violation". The parolee will be required to make
				  the elections designated on Page 2 of the Notice,, viz, elections as to the
				  presence of adverse or favorable witnesses and the assistance of counsel. If
				  the parolee is represented by counsel, he may, after consultation with counsel,
				  change his elections as to the presence of witnesses by notifying the
				  probation-parole officer assigned to the correctional facility.
III. WITNESSES
A. Adverse Witnesses
If the parolee elects to be confronted by adverse witnesses,
				  he will be given the names of those witnesses at least three (3) days prior to
				  the Board Hearing, provided the Board has not determined that a witness'
				  identity should remain confidential.
B. Parolee's Witnesses
If the parolee elects to call witnesses on his behalf, the
				  Board will undertake, upon the parolee's request, to notify them of the
				  hearing, but responsibility for their presence rests with the parolee.
IV. HEARING
The hearing before the Parole Board is in two phases: The
				  adjudicatory phase, in which the Board decides whether the parolee has violated
				  one or more of the conditions of his parole, and if violation is found, the
				  dispositional phase, in which the Board decides how the inmate will serve the
				  remainder of his sentence.
V. ADJUDICATORY PHASE
A. Proof of Violation
1. Proof of a parolee's violation of the criminal law shall
				  be sufficient if an official record of his conviction is received into
				  evidence.
2. If the parolee elects to confront adverse witnesses, only
				  those witnesses designated on the notice form (Appendix pages 33 - 34) shall be
				  permitted to testify. Witnesses shall be subject to examination by members of
				  the Parole Board and the parolee or his counsel.
3. If the parolee waives his right to confront adverse
				  witnesses, official parole violation reports and other official records may
				  constitute proof of violation without testimony from the supervising officer or
				  other witnesses.
B. Defense
Defense witnesses shall be subject to examination by members
				  of the Parole Board, members of the Division of Probation & Parole and
				  adverse witnesses.
C. Finding
After prosecution and defense presentations have been
				  concluded, the Parole Board shall determine in executive sentence whether a
				  violation of parole has been committed. If the Board finds that the parolee has
				  violated parole, it shall give him the reasons for its finding orally and in
				  writing at the time of the hearing. Within ten (10) days, it shall send him a
				  more detailed memorandum of its findings.
VI. DISPOSITIONAL PHASE
The Board shall receive into evidence official records
				  concerning new convictions or non-criminal violations of parole conditions and
				  oral and written statements from the parolee, his counsel and other persons
				  having information relevant to the case.
The range of dispositional alternatives include:
A. continuing parole;
B. denying parole for time served;
C. denying parole for a specified period of time;
D. continuing the hearing until the expiration of a
				  concurrent criminal code sentence when the inmate is again eligible for
				  parole;
E. discharging the parolee to begin serving a new sentence,
				  either immediately or after a specified period of time.
FINDING AND ORDER
PAROLE VIOLATION HEARING
TO:
				  _________________________________________________________________
1. You have been charged with violation of parole. The
				  allegation(s) as to violation is (are) as
				  follows:._______________________________________________
______________________________________________________________
2. At the Parole Board hearing on _____________________
				  19____, held at, the following witnesses) and counsel appeared:
				  ___________________________
______________________________________________________________
3. After hearing the Parole Board found you in/not in
				  violation of parole on the following basis (bases):
				  ____________________________________________
_______________________________________________________________
4. As a result of its finding, the Parole Board made the
				  following disposition:._____
_______________________________________________________________
5. In determining disposition, the Parole Board considered
				  the following factors: __
				  ________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
Dated: ______________________
				  ________________________________
at _______________________ Chairman, Maine State Parole
				  Board
AUTHORIZATION TO DISCHARGE PAROLEE
TO:
				  _______________________________________________________________ (warden or
				  superintendent)
WHEREAS, _________________________________________, No.
				  _______a
parolee from the _________________________________________ in
				  the
opinion of
the State Parole Board, is no longer in need of supervision,
				  you are hereby
authorized to discharge the
				  said,____________________________________,
from custody, and a discharge certificate shall be
				  issued.
Given under my Hand, this .
______day of __________19 ____
____________________________
(Secretary, M.S.P.B.)
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 5 1996
REASON FOR DISCHARGE:
				  _____________________________________
______________________________________________________________________