A. RELEASE CRITERIA
The Parole Board has discretionary authority to grant or deny
parole ( 34-A M.R.S.A. §5211, §5802). In making decisions, the Board
attempts to balance the interests of society with the interests of the offender
and, in each case, it must gauge the risk the granting of parole poses to the
community.
In evaluating an inmate's case, the Board considers, but is
not limited to, the following factors:
1. Adequacy of the Parole Plan. The Board
expects the inmate to develop a definite plan with regard to re-entry into the
community. The plan should reflect employment and/or educational objectives,
living arrangements, and the availability of community resources capable of
assisting the parolee.
2. Personal
History. The Board considers the inmate's education, vocational training, and
other occupational skills, employment history, willingness to accept
responsibility and history of drug, or excessive alcohol consumption.
3. Criminal History. The Board takes into
account the seriousness of prior and instant criminal offenses, their frequency
and time span and any pending charges.
4. Institutional Conduct. The Board looks at
the inmate's institutional conduct, including participation in educational or
other self improvement programs, and the nature and number of disciplinary
proceedings.
5. Previous Probation
or Parole. The Board reviews the number of previous probations or paroles and
the inmate's prior conduct and attitude while on probation or parole.
6. Psychological Evaluations. The Board also
considers psychological or psychiatric evaluations reflecting the inmate's
mental or emotional make-up, and may request such Evaluations, if
appropriate.
7. Recommendations
Made by the Sentencing Court. The Board considers sentencing recommendations
made by the court.
8.
Recommendations and Field Observations. The Board considers observations and
recommendations concerning the proposed parole program made by the
investigating parole officer. Information is requested from the inmate
concerning where and with whom he/she will reside, the proposed occupation or
employment and any other facts the institutional parole officer deems
appropriate. This information is submitted to a field officer who investigates
the feasibility and desirability of the proposed program and makes a
recommendation concerning the acceptability. A summary of the pre-parole
investigation is included in the summary of the inmate's file to the
Board.
B. SOURCES OF
INFORMATION The Parole Board obtains information from several sources:
1. The inmates institutional file, prepared
by the institution and parole staff, containing information bearing on the
factors mentioned above,
2. The
inmate and/or his spokesman at the time of the hearing.
3. Statements by other interested persons
such as victims, family of the victim or family members or friends of the
inmate.
4. Oral statements for the
institutional staff and staff members from the Division of Probation and Parole
who are present at the hearing.
5.
Any other information direct or indirect from other sources which is
relevant.
C. RELEASE
HEARING PROCEDURE
1. Pre-Parole Interview. In
order to prepare the inmate for the parole hearing, a "pre-hearing" interview
will be conducted for each inmate by the probation-parole officer assigned to
the Correctional facility. This interview will be held approximately one (1)
year before the inmate's projected parole eligibility date, at which time the
inmate will be given a copy of the form entitled, "Initial Hearing Notice"
(Appendix page 19-20). At this time, the release criteria, described in Section
A above, will be reviewed carefully. The probation-parole officer will prepare
the Inmate for the hearing with the Parole Board by stressing the importance of
the presentation to the members. He will explain that at the parole hearing,
the inmate must be prepared to describe his institutional behavior and the
parole plan to include treatment and vocational programs which may enhance
adjustment while on parole.
At least sixty (60) days prior to the release hearing, the
inmate will be notified of the date of the release hearing (form entitled,
"Hearing Notice". Appendix page 21). At that time, the probation-parole officer
will again assist the inmate by reviewing his activities at the institution,
the parole plan, and the inmate request form (Appendix page 22). He will inform
the inmate that if the inmate feels he cannot adequately articulate his
thoughts, or the issues are too complex for him to present himself, he may
request the attendance of any responsible person to speak in his behalf; the
inmate will be informed he has no right to legal counsel. If the inmate
requests the attendance of a responsible spokesman, he will indicate the name
of the individual on the Inmate Request Form (Appendix page 22).
2. The Release Hearing. Hearings
are not open to the public and attendance, without prior Board approval, is
limited to Parole Board personnel, the Warden, Superintendent of the
institution and his representatives, representative(s) of the Division of
Probation and Parole, and the inmate and his spokesman. The inmate and his
spokesman may request that any person(s) in regular attendance be excused from
the hearing and the Board will consider the request.
The Parole Hearing is conducted in an informal
non-adversarial manner; rules of evidence used by a court do not apply. The
Board may consider all relevant evidence. In all cases, the inmate will be
given an opportunity to make an oral statement and to present letters and other
documentary information. Written statements from interested persons may be
considered by the Board.
The inmate may request that a tape recording be made of the
release hearing to be used for purposes of appeal of a Parole Board decision.
The request for a recorded hearing must be made at least sixty (60) days in
advance on the Inmate Request Form (Appendix page 22). In all cases, a written
summary of the release hearing will be prepared.
3. The Board's Decision. Following the
interview, the inmate is temporarily excused while the Board deliberates. If,
during its deliberations, the Board determines it needs additional information,
it shall ask the inmate if he will agree to a continuance. If the inmate does
not agree to a continuance of the hearing, his disagreement will be noted on
the record and the Board will make a decision based on the information
presented at the hearing. After deliberation and evaluation of the factors in
subsection II.(A), a decision is made by a majority of the Board in attendance.
The range of decision is:
a. Straight Parole.
The inmate is released on his eligibility date.
b. Parole to Placement. The inmate is
approved for release conditional upon his meeting certain requirements, such as
approved residence and approved employment.
c. Parole subject to Special Conditions. The
inmate is released on condition that he abide not only by general conditions to
which all parolees are subject; but also by specific conditions imposed by the
Board.
d. Parole and Discharge. An
inmate with a consecutive sentence may begin serving the consecutive sentence
when the first is terminated by the Board.
e. Continued. With approval from the inmate,
the case is postponed until further information is available; usually to a
specific date or until eligibility on a concurrent sentence, the inmate's
approval shall be entered into both the written and recorded record of the
hearing.
f. Parole Denied. A
majority of the Board votes to deny parole to the inmate for a specified period
of time; to include denial to the sentence expiration date. Parole denial for a
specific period of time may also be used in those cases where the inmate
objects to a continuance.
g. Parole
to Warrant. If an inmate has criminal charges pending, the Board may parole to
a warrant. Once a decision is reached, the inmate is recalled and is informed
of the Board's decision. At this time, he is given a copy of the form entitled,
"Notice of Parole Decision" (Appendix page 23). If the decision is to deny
parole or continue the case, the inmate is informed of the reason(s) of the
denial or the continuance and within ten (10) days is sent a memorandum stating
in more detail the reasons for denial or continuance.
4 Parole Reconsideration. If an inmate is
charged with a new crime or a violation or rules governing work release,
furlough or institutional behavior or when new information comes to light
indicating that the parolee may present danger to the community, after the
Board's decision to grant parole but before his release date, the Board, at its
next regular meeting, may reconsider parole.
If it is necessary to hold an inmate beyond the original
parole release date, a single member of the Board may authorize the Warden or
Superintendent to hold the inmate until the next regular meeting of the
Board.
If a decision to hold the inmate is made, the Board shall
send him a copy of its Parole Reconsideration Policy and Notice of Parole
Reconsideration Hearing (Appendix page 24- 25). In reconsideration hearings,,
the following safe-guards are afforded by the Board:
a. Notice to inmate in writing of allegations
and evidence;
b. Opportunity for
inmate to appear, speak and present witnesses and evidence on his own
behalf;
c. Opportunity to present
witnesses and other evidence in his own behalf;
d. Opportunity for inmate to cross examine
adverse witness(es), unless the Board determines that disclosure of identity
will create a disruption within the institution or create a risk of reprisal
against the witness(es);
e. Prompt
written notice of decision and evidence relied upon by the Board.
5. Release Hearing for Inmates Who
Have Been Transferred Out-of-State. When an inmate from Maine has been
transferred to a correctional facility in another state, it is not necessary
for the inmate to be returned to Maine for a parole release hearing.
The Board may request the paroling authority in the state
where the inmate is being held to conduct a release hearing and to forward
recommendations to the Board.
Based on that recommendation and the Board's own release
criteria, the Board may grant or deny parole or schedule a hearing before it.
The recommendation and case file will be reviewed by the Board on the inmate's
regularly scheduled hearing date and the inmate will be notified within ten
(10) days of the Board's decision to deny parole, to grant parole release, or
to grant a release hearing in Maine. If a recommendation by another paroling
authority is to grant parole, the Board may require the inmate's return to
Maine for a release hearing before the Maine Parole Board.
