The Parole Bill

LD 1941: An Act to Implement recommendations of the commission to examine reestablishing parole

Our landmark bill would restore parole throughout the state of Maine. Through consultation with Maine-based and nationwide experts, and pulling from the strongest precedent from a variety of states, our local coalition has created a bill that will inspire rehabilitation and make communities safer.

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LD 1941 Overview:

PAROLE BOARD

The bill includes new guidelines for the general structure, makeup, and governance of the parole board.

Sections §5201 - §5206, §5212

  • The seven members of the Board shall include a variety of professionals, people with lived expertise, and those with special training or experience as outlined in 34-A M.R.S.A. §5202.

  • The governor shall appoint members of the board, subject to review and confirmation by the Legislature’s Judiciary Committee and the Legislature itself.

  • Board member terms shall be for four years, staggered for regulated turnover, with each member serving a maximum of eight years.

  • The board shall meet at least once a month and may meet more often as needed.

  • The board exists within the Department of Corrections.

  • Board members will have mandatory annual training, focusing on best practices to evaluate applications for parole, interpret results of the evaluations, ensure the validity of risk assessments, and how to design appropriate conditions of parole.

PAROLE ELIGIBILITY & RELEASE GUIDELINES

The bill outlines provisions that govern who is eligible to be reviewed by the parole board — but does not guarantee anyone’s release.

Section §5824

  • People serving a life sentence with eligibility for parole will have their first parole hearing after serving 20 years in prison.

  • People serving a sentence of at least 5 years will have their first parole hearing after serving 1/3 of their sentence or 20 years, whichever is less.
    *People serving a sentence less than five years would not be eligible for parole since the Supervised Community Confinement Program addresses this population.

  • Eligibility alone does not guarantee release. The Parole Board is required to develop administrative release guidelines to evaluate people’s applications for parole.

Under the new bill, the parole board shall develop parole guidelines using evidence-based risk assessment criteria.

Section §5826

  • The parole board shall develop parole guidelines, including factors that afford support & protection to victims, measure actual risk to community safety, and assess likelihood of success based upon a meaningful parole plan.

  • Each applicant shall be evaluated using an actuarial evidence based risk-assessment. The board must re-evaluate the assessment’s predictive accuracy at least once every five years.

PAROLE HEARING

The bill’s requirements for parole hearings include scheduling, access to records, ability to correct inaccurate/incomplete information, legal representation, and grant/denial conditions.

Sections §5823, §5825

  • Parole hearing is scheduled within 60 days of the parole applicant’s eligibility date.

  • Applicants shall be given access to their records at least 30 days prior to their hearing.

    • No later than 10 days after receiving their records, applicants may challenge the accuracy of or redaction by the department of any information in their documents.

  • Applicants may be represented by legal counsel of their choosing. Both the applicant and counsel may present testimony at the hearing.

  • Parole hearings must be video recorded.

  • Parole decisions must be made within 14 days of the hearing.

  • If parole is granted, the parole board is required to set individualized guidelines governing the conditions of release.

    • 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.

    • Parole lasts the duration of the person’s unexpired sentence, less deductions per state law.

  • If parole is denied, the board shall notify the person of their decision, including the reasons for denial, and must specify what programs or activities the person should undertake to succeed in their next parole application.

    • No more than 5 years may pass between parole hearings.

VICTIM SUPPORT

The bill requires support for victims of crime, establishing parole-specific rights and ensuring they receive timely notification throughout the parole process. 

Section §5831

VIOLATIONS, REVOCATION

The bill includes general provisions governing what happens when someone violates terms of their parole. 

Sections §5827, §5828, §5829

  • The board shall develop administrative revocation guidelines, including factors that center public safety and address new crime, seriousness of violations, remediation planning, and potential modification

REPORTING

The bill requires the parole board to collect and analyze data related to the outcomes of the decisions for granting, revoking, or denying parole. 

Section §5208, §5832

  • The board shall collect data related to whether the person has been rearrested or returned to prison within 3 years following their release to parole.

  • The board shall report aggregate data annually to the joint standing committee of the Legislature having jurisdiction over corrections matters.

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