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