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

Current through 2024-29, July 17, 2024
A. GROUNDS FOR
				REVOCATION
The Board may revoke parole when it finds that the parolee
				  has violated one or more conditions set forth in his parole certificate.
B. PROCEDURE
1. Summary. The procedure adhered to by the
				Board is a two-step process. Upon the issuance of a parole violation warrant
				and the parolee's subsequent arrest on the warrant, a preliminary hearing is
				held. If, on the basis of evidence presented at the preliminary hearing, the
				preliminary hearing officer determines that there is probable cause to believe
				that a condition of parole has been violated, the parolee may be required to
				appear before the Board for final adjudication of charges. This procedure is
				outlined in detail below.
2.
				Arrest. The parole revocation process is initiated by arrest of the alleged
				parole violator pursuant to a parole violation warrant issued by the Director
				of Probation and Parole (Appendix page 30). A parole officer or any other law
				enforcement officer may make the arrest. A parole officer may also arrest a
				parolee without a warrant; however, if the officer does not obtain approval for
				a warrant from the Director of Probation and Parole by the close of the next
				business day, he must release the parolee from custody.
3. Preliminary Hearing.
a. When held - Whenever a parolee is arrested
				on a warrant issued for an alleged violation of parole, a preliminary hearing
				shall be held within a reasonable time after the arrest of the parolee (usually
				72 hours) at or near the place of the alleged violation or arrest. The main
				purpose of the preliminary hearing Is to determine whether there is probable
				cause or reasonable grounds to believe that the parolee has violated a
				condition of parole.
b. Procedure -
				Immediately following arrest and confinement, the alleged parole violator shall
				be given written notice of charges pending against him (Parole Violation Report
				(Appendix page 29). Also, he shall be advised of his right to a preliminary
				hearing and shall be asked to execute a form in which there are two questions:
(1) Do you desire to confront adverse
				witnesses" (2) Do you desire to call witnesses on your own behalf" (Form
				entitled, "Preliminary Hearing Notice", Appendix page 31)
Copies of the "Parole Violation Report (Appendix page 29),
				  warrant (Appendix page 30), list of adverse witnesses and notice of the date,
				  time and place of the preliminary hearing will be provided to the inmate and/or
				  counsel (Appendix page 31). The date scheduled for the hearing shall allow a
				  reasonable time for the alleged violator to prepare his case or seek a
				  continuance.
The preliminary hearing shall be conducted by a hearings
				  officer designated by the Director of Probation and Parole. Any relevant
				  evidence may be considered. If the parolees supervising officer has cause to
				  believe that revealing the identity of an adverse witness(es) would put that
				  witness in jeopardy, the identity (after consulting with the supervisor) shall
				  be withheld, and the parolee shall not be allowed to cross examine the
				  witnesses). The hearings officer shall make a written summary of evidence
				  adduced at the hearing, the reasons for the finding that probable cause does or
				  does not exist and the reasons for disposition.
c. Disposition Given a finding of probable
				cause, the preliminary hearings officer may (1) Return the parolee to the
				institution for appearance before the Board, or (2) not return the parolee to
				the institution, in which case the parole violation warrant shall be withdrawn.
If the decision is to have the alleged violator appear before
				  the Board for final hearing, the hearings officer shall then determine whether
				  the parolee shall be incarcerated pending the final revocation hearing or
				  whether he shall be set free on his personal recognizance pending that hearing.
				  The hearings officer shall not release on personal recognizance if he feels the
				  parolee is a threat to the community or 13 likely to abscond. The hearings
				  officer will complete the forms necessary for a final hearing before the Board
				  (Appendix pages 32 - 34).
4. Revocation Hearing Before the Parole
				Board.
a. When held - When probable cause for
				revocation has been found by a preliminary hearings officer, an alleged parole
				violator shall have the right to a final hearing before the Board at the next
				meeting of the Parole Board.
b.
				Purpose - The final hearing shall determine (1) whether the alleged violator
				has in fact committed an act(s) which constitutes) a violation of the
				conditions of his parole, and (2) whether this act(s) is (are) of such a nature
				as to warrant revocation of parole. The standard used by the Board is a
				preponderance of evidence.
c.
				Procedure - The alleged violator shall be given a copy of -the form entitled,
				"Notice of Hearing of Parole Violation" (Appendix page 33). This notice informs
				the parolee of the time and place of hearing, the alleged parole violation, a
				summary of the evidence of the violation to be used at the hearing and his
				opportunity to introduce evidence. The Parole Board at its discretion may
				appoint counsel, if requested, in the following situations:
(1) When the parolee contests the factual
				basis of the violation; or
(2)
				When, even if the violation is based on a new conviction, there are substantial
				reasons which justify or mitigate the violation and proof of the justifying or
				mitigation factors requires a complex or detailed presentation; or
(3) When the parolee is incapable of
				effectively speaking for himself; or
(4) When the parolee's condition is such that
				he seems. unlikely to comprehend the nature of the proceeding and his rights
				therein.
In any case in which counsel is requested and not appointed,
				  the reasons for the failure to appoint must be explicitly stated in the record.
				  If the parolee is represented by counsel, after consultation with counsel, he
				  may change his election as to the presence of witnesses. The parolee or his
				  attorney shall be provided a summary of the preliminary hearing, a copy of the
				  form entitled, "Notice of Hearing of Parole Violation", as executed by the
				  parolee and a copy of the form entitled, "Procedures for Parole Revocation"
				  (Appendix pages 35 37).
d. Witnesses - The witnesses who have
				appeared at the preliminary hearing need not appear in person at the final
				hearing if both the parolee, or his attorney, and the supervising parole
				officer agree that the preliminary hearing report contains a fair and accurate
				statement of the witnesses' testimony and they consent to its introduction as
				such before the Board.
If the parolee elects to be confronted by adverse witnesses,
				  he shall be given the names of those witnesses at least three days prior to the
				  Board hearing. If the Parole Board has caused to believe that revealing the
				  identify of an adverse witnesses) would put that witness in jeopardy, or cause
				  disruption within the institution, his/her identity may be withheld from the
				  parolee and no cross examination shall be allowed. If the parolee elects to
				  call witnesses on his own behalf, it is his responsibility, (or the
				  responsibility of counsel), to notify them of the hearing, although if
				  requested, the Board will undertake to do so.
The Board has the power to subpoena witnesses.
e. Format of Hearing - The Board
				tape records violation hearings which are in two phases:
(1) Adjudicatory Phase (Proof of Violation) -
				Proof of violation of criminal law shall be sufficient if an official record of
				conviction is received into evidence.
A parolee may waive his right to the adjudicatory phase by
				  pleading guilty to the violation in which case the Board will conduct the
				  dispositional phase only.
If the parolee does not waive his right to the adjudicator
				  phase of the hearing, he may elect to confront the witnesses listed on the
				  notice form (Appendix page 33). He may also present his own witnesses. All
				  witnesses shall be subject to examination by members of the Board,
				  representatives of the Division of Probation and Parole and the parolee and/or
				  his counsel.
If the parolee waives confrontation of adverse witness(es),
				  official parole violation reports and other official records may constitute
				  proof of violation without testimony from the supervising officer or other
				  witnesses). After prosecution and defense presentations have been concluded,
				  the Board shall deliberate in executive session and announce its finding. If
				  the Board finds that a violation has been committed, it shall state orally and
				  in writing the reasons for violation (Appendix page 38). In addition, within
				  ten (10) days the Board shall send the inmate a memorandum restating in more
				  detail the reason for the finding of violation.
(2) 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.
After determining the appropriate disposition, the Board
				  shall complete the order set forth in the Appendix page 38.