SP0298, LD 873, item 1, An Act To Establish Positive Reentry Parole

An Act To Establish Positive Reentry Parole

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 34-A MRSA c. 5, sub-c. 6 is enacted to read:

SUBCHAPTER 6

POSITIVE REENTRY PAROLE FOR CERTAIN MAINE CRIMINAL CODE PRISONERS

§ 5821. Applicability

This subchapter applies to those persons in the custody of the Department of Corrections pursuant to a sentence imposed on or after October 1, 2013.

§ 5822. Parole by board

The board may grant a parole from a correctional facility after the expiration of the term of imprisonment, less deductions for good time and meritorious good time, or after the parolee's compliance with conditions provided in this subchapter applicable to the sentence being served. The board may revoke a parole when a condition of the parole is violated.

1. Duration and conditions of parole. When the board grants a parole, upon release the parolee shall serve the unexpired portion of the parolee's sentence under conditions of custody established pursuant to subsection 2, less deductions for good time and meritorious good time, unless otherwise indicated by the board.

2. Custody and control. While on parole, the parolee is under the custody of the warden or chief administrative officer of the correctional facility from which the parolee was released but under the immediate supervision of and subject to the rules of the division of probation and parole within the department and any special conditions of parole imposed by the board.

§ 5823. Parole of prisoners; eligibility; process

1. General provisions regarding eligibility. A person convicted of one or more crimes who is incarcerated pursuant to a sentence imposed on or after October 1, 2013 and who received a definite sentence or aggregate sentence is eligible for parole upon application if:

A. The person's sentence was imprisonment for life or for any term of not less than 25 years and the person has served at least 20 years of that sentence, or the person's sentence was imprisonment for a term of at least one year to 25 years and the person served not less than 1/2 of the aggregate sentence or 1/2 of the most recent sentence imposed by the court, whichever is greater;

B. Based on all available information, including reports that the board may require, the board determines that there is a reasonable probability that the person will live and remain at liberty without violating the law; and

C. The board determines that the parole is not incompatible with the welfare of society.

2. Administrative release and revocation guidelines. The board shall develop administrative release guidelines for use by the board in evaluating applications for parole as described in section 5824 and shall develop administrative revocation guidelines as described in section 5825 for use by the board in considering revocation of parole.

3. Parole hearing. The board shall hold a hearing, which must be video recorded, to review an application for parole. The board shall use its administrative release guidelines and any other information it determines relevant in its review. A person seeking parole must be represented by legal counsel. The board may hear testimony from both the person seeking parole and any victims; and the board may hear their testimony separately.

4. Parole granted. If after a hearing under subsection 3 the board grants parole, the board shall impose any conditions it determines appropriate to mitigate the risk of the person's again violating the law.

5. Parole denied. If after a hearing under subsection 3 the board denies parole, a subsequent review date must be set for 2 years from the date of the denial. The board shall inform the person of the reasons parole was denied and what the person needs to accomplish to be considered again for release on parole. A person denied parole may appeal the denial within 90 days.

§ 5824. Administrative release guidelines

The board shall develop administrative release guidelines using evidence-based risk assessment criteria for use by the board in evaluating applications for parole. The administrative release guidelines must be used to provide the board with consistent and comprehensive information relevant to risk factors for parolees. The guidelines must include a matrix of advisory release decision recommendations for different risk levels. The following provisions govern administrative release guidelines.

1. Factors. In developing the administrative release guidelines, the board shall consider factors including, but not limited to:

A. The actuarial risk of reoffense. This factor is the central factor for the board in making its decision related to the timing and conditions of release on parole. Risk must be assessed using evidence-based actuarial risk assessment tools and professional judgment;

B. Testimony or a written statement of the victim of the crime, a relative of the victim or a designee of the victim or relative of the victim;

C. The person's assessed criminogenic need level;

D. The person's program and treatment participation and progress while in custody;

E. The person's conduct in the correctional facility;

F. The adequacy of the person's parole plan;

G. Whether the person while serving the person's sentence has threatened or harassed the victim or the victim's family or has caused the victim or the victim's family to be threatened or harassed;

H. Aggravating or mitigating factors from the person's criminal case;

I. The testimony or written statement of a prospective parole sponsor, employer or other person who is available to assist the person if released on parole;

J. Whether the person has previously absconded or escaped or attempted to abscond or escape while on conditional release, including community supervision;

K. Whether the person completed or worked toward completing a high school diploma, a general equivalency degree or a college degree during the period of incarceration; and

L. Any factor that the board determines appropriate or necessary.

The board may not use the administrative release guidelines for the consideration of parole for a person who is serving a sentence for committing a crime under Title 17-A, chapter 11 or 12. The board shall develop specific sex offender administrative release guidelines to be used to evaluate parole applications for these cases.

2. Structured decision making. The board shall adopt standards for evaluating outcomes of its parole decisions and shall conduct its business in a manner that is accessible to victims, offenders, other criminal justice professionals and the community.

3. Coordination of risk and needs. The board shall coordinate supervision conditions and services with assessed risk and need levels as determined in subsection 1.

4. Risk assessment scale. The board shall develop a risk assessment scale that includes evidence-based criteria for reducing the risk of recidivism. The board shall validate the risk assessment scale at least every 5 years or more frequently if the predictive accuracy, as determined by data collection and analysis by the board, falls below an acceptable level.

5. Forms. The board shall develop forms consistent with an effort to record information required under this section to capture the rationale for the board's decision in a parole application case. The department shall print the forms. Victim identity and input must be protected from display on the form and any board hearing report that may become part of an applicant's or parolee's record.

6. Training. The board shall seek regular training for its members to ensure that it is using best practices in parole application evaluation and applying them effectively in carrying out its duties.

§ 5825. Administrative revocation guidelines

The board shall develop administrative revocation guidelines that must be used to evaluate complaints filed for parole revocation. The board shall develop administrative revocation guidelines using evidence-based risk assessment criteria. The following provisions govern administrative revocation guidelines.

1. Factors. In developing administrative revocation guidelines, the board shall consider factors including, but not limited to:

A. A determination by the board that a parolee committed a new crime while on parole;

B. The parolee's actuarial risk of reoffense;

C. The seriousness of a violation of a condition of parole, if applicable;

D. The parolee's frequency of violations of conditions of parole;

E. The parolee's efforts to comply with a previous corrective action plan or other remediation plan required by the board or by the probation and parole officer;

F. The imposition of intermediate sanctions by the probation and parole officer in response to violations of conditions of parole that may form the basis of the complaint filed for parole revocation; and

G. Whether modification of parole conditions is consistent with public safety and more appropriate than revocation of parole.

2. Revocation determination for violations of conditions of parole. In evaluating complaints filed for parole revocation, the board may not revoke parole for violations of conditions of parole unless the board determines on the record that appropriate intermediate sanctions have been used and have been ineffective or that the modification of conditions of parole or the imposition of intermediate sanctions is not appropriate or consistent with public safety and the welfare of society.

§ 5826. Violations of parole

1. Arrest and detention for violation. A probation and parole officer may arrest and charge a parolee with violation of parole, take the parolee into custody and detain the parolee, pending the issuance of a parole violation warrant. The detention may not extend beyond the next business day, and, if a warrant is not issued in that time, the parolee must be released from arrest and detention. A parolee arrested and detained does not have a right of action against the probation and parole officer or any other person because of that arrest and detention.

2. Issuance of warrant for violation; board action. When a parolee violates a condition of parole or violates the law, a warrant may be issued for the parolee's arrest. A probation and parole officer, or any other law enforcement officer within the State authorized to make arrests, may arrest the parolee on the warrant and return the parolee to the correctional facility from which the parolee was paroled. At its next meeting at that correctional facility, the board shall hold a hearing. The parolee is entitled to appear and be heard. If the board, after hearing, finds that the parolee has violated parole or the law, the board may revoke the parole, set the amount of the unexpired portion of the sentence the parolee must serve before the parolee is again eligible for a parole hearing before the board and remand the parolee to the correctional facility from which the parolee was paroled.

3. Forfeits deductions. Upon revocation of a person's parole by the board under subsection 2, the person forfeits any deductions for good time and meritorious good time earned while on parole.

4. May earn deductions. While a person is serving the unexpired portion of a sentence after parole has been revoked under subsection 2, the person may earn deductions for good time and meritorious good time.

5. Tolling of sentence. Whenever a warrant is issued under this section for the arrest of a parolee, the running of the parolee's sentence is tolled and remains tolled until the parolee is returned to the correctional facility from which the parolee was paroled. Tolling of the running of the sentence must include any time served prior to such return, after conviction for a crime committed while on parole.

In the event of the withdrawal of the warrant, or in the event that the board at the hearing on the alleged violation finds that the parolee did not violate the conditions of parole or the law, the parolee must be credited with the time lost by the tolling of the running of the parolee's sentence.

§ 5827. Sentence for violation of law by parolee

A parolee who violates the law while on parole, when the violation is punishable by imprisonment for one year or more, and who is sentenced to the custody of the department shall serve the 2nd sentence beginning on the date of termination of the first sentence, unless the first sentence is otherwise terminated by the board.

§ 5828. Discharge from parole

A parolee who faithfully satisfies all the conditions of parole and completes the parolee's sentence is entitled to a certificate of discharge to be issued by the warden or chief administrative officer of the correctional facility to which the parolee was committed. If it appears to the board that a parolee is no longer in need of supervision, the board may order the chief administrative officer or warden of the correctional facility from which the parolee was paroled to issue the parolee a certificate of discharge.

§ 5829. Collection and analysis of data

1. Outcome data and analysis. The board shall develop and implement a process to collect and analyze data related to the basis for the outcomes of the board's determinations or decisions for granting, revoking or denying parole. Any data related to victim identification or victim input that is identifiable to the person convicted or the person's case must be maintained but kept confidential by the board and may be released only to other government agencies, pursuant to a nondisclosure agreement, for the purposes of analysis and reporting only.

2. Recidivism data. When the board grants parole, the board also shall collect data related to whether the person has previously violated the law while on parole, the type of reentry program provided as part of the person's parole plan and whether the person violates the law while on parole.

3. Record of conformance with or departure from guidelines. The board shall determine whether a decision granting, revoking or denying parole conformed with or departed from the administrative release and revocation guidelines under sections 5824 and 5825. If the decision was a departure from the guidelines, the data collected related to victim identification or victim input are subject to the same protections as in subsection 1.

4. Reporting. The board shall provide the data collected pursuant to this section to the department for analysis. Using the data, the department shall assist the board in identifying specific factors that are necessary to the board's parole decision-making process and shall assist the board in securing training to facilitate the board's future decision making.

5. Report to the Legislature. By January 15, 2014, the board shall report to the Joint Standing Committee on Criminal Justice and Public Safety regarding the implementation of this subchapter. Thereafter, annually by January 15th, the board shall update the report and make a presentation to the joint standing committee of the Legislature having jurisdiction over corrections matters regarding the operations of the board pursuant to this subchapter. Data may be reported only in the aggregate.

6. Cooperation. The department, the board and other criminal justice agencies shall cooperate in implementing this subchapter.

SUMMARY

This bill establishes the option of parole for persons sentenced on or after October 1, 2013. Current law provides that only persons in the custody of the Department of Corrections pursuant to a sentence imposed under the law in effect before May 1, 1976 may apply for parole.

This bill incorporates the concepts of positive reentry parole, is modeled in part on recent law enacted by Colorado and uses some of the technical aspects of Maine's existing parole law.

SP0298 LD 873	Session - 126th Maine Legislature		LR 708 Item 1
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