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| Home > Statutes > Usa-Maine |
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USA Statutes : maine
Title : Title 34-A. CORRECTIONS
Chapter : Chapter 05. PROBATION AND PAROLE
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Title 34-A - §5002. Pardons by the Governor
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 1: GENERAL PROVISIONS
§5002. Pardons by the Governor
This chapter does not deprive the Governor of the power to grant a pardon or commutation to any person sentenced to a correctional
facility.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5003. Prohibited acts
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 1: GENERAL PROVISIONS
§5003. Prohibited acts
1. Interference with probation. A person 18 years of age or older is guilty of interference with probation if that person willfully obstructs, intimidates
or otherwise abets a probationer under the supervision and control of the department and thereby causes or contributes to
causing the probationer to violate the conditions of that person's probation, after having been warned in writing by the commissioner
to end that person's relationship or association with the probationer.
A. Interference with probation is a Class E crime, except that, notwithstanding Title 17-A, it is punished by a fine of not
more than $500 or by imprisonment for not more than 11 months, or by both.
[1995, c. 502, Pt. F, §31 (amd).]
B. This subsection applies to interferences with the probation of probationers who are under the supervision and control of
the department at the request of other states under terms of the Interstate Compact for Adult Offender Supervision and the
Interstate Compact for Juveniles.
[2003, c. 706, Pt. B, §3 (amd).]
[2003, c. 706, Pt. B, §3 (amd).]
2. Interference with parole. A person 18 years of age or older is guilty of interference with parole if that person willfully obstructs, intimidates
or otherwise abets a parolee under the supervision and control of the department and thereby causes or contributes to causing
the parolee to violate the conditions of parole, after having been warned in writing by the commissioner to end that person's
relationship or association with the parolee.
A. Notwithstanding Title 17-A, section 4-A, interference with parole is punished by a fine of not more than $500 or by imprisonment
for not more than 11 months, or by both.
[1995, c. 502, Pt. F, §31 (amd).]
B. This subsection applies to interferences with the parole of parolees who are under the supervision and control of the department
at the request of other states under terms of the Interstate Compact for Adult Offender Supervision and the Interstate Compact
for Juveniles.
[2003, c. 706, Pt. B, §4 (amd).]
[2003, c. 706, Pt. B, §4 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§F31
(AMD).
PL 2003,
Ch. 706,
§B3,4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5201. Establishment
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5201. Establishment
There is established, by Title 5, section 12004-G, subsection 7, within the Department of Corrections, a State Parole Board
consisting of 5 members.
[1989, c. 503, Pt. B, §160 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 812,
§259
(AMD).
PL 1989,
Ch. 503,
§B160
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5202. Appointment
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5202. Appointment
The Governor shall appoint as the 5 members of the board persons who:
[1983, c. 459, § 6 (new).]
1. Citizens and residents. Are citizens and residents of the State; and
[1983, c. 459, § 6 (new).]
2. Training or experience. Have special training or experience in law, sociology, psychology or related branches of social science.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5203. Terms
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5203. Terms
The terms of the members of the board are:
[1983, c. 459, § 6 (new).]
1. Four years. Four years plus the time period until their successors have been appointed and qualified; or
[1983, c. 459, § 6 (new).]
2. Pleasure of Governor. During the pleasure of the Governor.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5204. Vacancy
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5204. Vacancy
A vacancy on the board shall be filled for the unexpired term in the same manner in which an appointment is made.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5205. Expenses
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5205. Expenses
The members of the board shall be compensated according to the provisions of Title 5, chapter 379.
[1983, c. 812, § 260 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§54,59
(AMD).
PL 1983,
Ch. 812,
§260
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5206. Meetings
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5206. Meetings
1. Chairman. The members of the board shall elect a chairman who shall preside at all meetings of the board when he is present.
[1983, c. 459, § 6 (new).]
2. Frequency. The board shall meet at least once every 2 months and may meet as often as necessary, at such times and places as the chairman
may designate.
[1983, c. 459, § 6 (new).]
3. Quorum. Any 3 members constitute a quorum for the exercise of all powers of the board.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5207. Cooperation
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5207. Cooperation
The Department of Health and Human Services, Department of Corrections and officers and staffs of correctional facilities
and law enforcement agencies in the State shall cooperate with the board in exercising its powers and duties.
[1983, c. 459, §6 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5208. Annual report
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5208. Annual report
1. Preparation of report. After June 30th of each year, the commissioner shall prepare a detailed report of the work of the board and of probation
and parole activities for the preceding fiscal year.
[1995, c. 502, Pt. F, §32 (amd).]
2. Commissioner's duty. The commissioner shall send the annual report to the Governor for submission to the Legislature.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§F32
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5209. Administrative assistant
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5209. Administrative assistant
1. Appointment. The board shall appoint a full-time administrative assistant to serve at the pleasure of the board.
[1983, c. 459, § 6 (new).]
2. Compensation. The administrative assistant is entitled to compensation in an amount to be determined by the Governor.
[1983, c. 459, § 6 (new).]
3. Duties. The administrative assistant shall perform those duties assigned to him by the board.
[1983, c. 459, § 6 (new).]
4. Powers. The administrative assistant may, subject to the rules of the board, conduct a preliminary hearing with a committed offender
at any correctional facility and make written recommendations to the board concerning disposition.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5210. Duties
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5210. Duties
The board shall:
[1983, c. 459, § 6 (new).]
1. Time of parole. Determine the time of parole for each committed offender;
[1983, c. 459, § 6 (new).]
2. Parole revocation. Revoke parole when warranted due to a parole violation;
[1983, c. 459, § 6 (new).]
3. Discharge from parole. Determine the time of discharge of parolees from parole supervision; and
[1983, c. 459, § 6 (new).]
4. Advice to Governor. When requested by the Governor, advise him concerning applications for pardon, reprieve or commutation.
A. The board shall hold hearings, cause an investigation to be made and collect records to determine the facts and circumstances
of a committed offender's crime, his past criminal record, his social history and his physical and mental condition as may
bear on the application.
[1983, c. 459, § 6 (new).]
B. The board shall make recommendations regarding action by the Governor on the application.
[1983, c. 459, § 6 (new).]
C. All information obtained under this subsection, and any report furnished to the Governor under this subsection, is confidential.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5211. Powers
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 2: PAROLE BOARD
§5211. Powers
1. Rules. The board may promulgate rules, in accordance with the Administrative Procedure Act, Title 5, chapter 375, pertaining to
its functions set out in this chapter.
[1983, c. 459, § 6 (new).]
2. Restitution. The board may authorize and impose as a condition of parole that the person make restitution to his victim or other authorized
claimant in accordance with Title 17-A, chapter 54.
[1983, c. 459, § 6 (new).]
3. Quasi-judicial powers. The board, or any member of the board, may, in the performance of official duties:
A. Issue subpoenas;
[1983, c. 459, § 6 (new).]
B. Compel the attendance of witnesses;
[1983, c. 459, § 6 (new).]
C. Compel the production of books, papers and other documents pertinent to the subject of its inquiry; and
[1983, c. 459, § 6 (new).]
D. Administer oaths and take the testimony of persons under oath.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
4. Grant or denial of parole. The board may grant or deny parole in accordance with the following procedures.
A. If the recommendation of the administrative assistant under section 5209, subsection 4, is to grant parole, the board may
make a final decision granting parole without a hearing.
[1983, c. 459, § 6 (new).]
B. If the recommendation of the administrative assistant is to deny parole, the board shall afford the committed offender a
hearing before the board and the board may not deny parole without affording the committed offender a hearing.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5401. Administration of probation and parole services
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 3: DIVISION OF PROBATION AND PAROLE
§5401. Administration of probation and parole services
The Department of Corrections is charged with the administration of probation and parole services and the Intensive Supervision
Program within the State.
[1995, c. 502, Pt. F, §33 (rpr).]
1. Director.
[1995, c. 502, Pt. F, §33 (rp).]
2. Employees.
[1995, c. 502, Pt. F, §33 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 821,
§27
(AMD).
PL 1995,
Ch. 502,
§F33
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5402. Duties and powers of the commissioner with respect to probation and parole services
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 3: DIVISION OF PROBATION AND PAROLE
§5402. Duties and powers of the commissioner with respect to probation and parole services
1. Appointment.
[1995, c. 502, Pt. F, §34 (rp).]
2. Duties. The commissioner shall:
A. Promulgate and enforce rules for field probation and parole officers, juvenile caseworkers, parole officers in correctional
facilities and Intensive Supervision Program officers;
[1995, c. 502, Pt. F, §34 (amd).]
B. Appoint, subject to the Civil Service Law, regional correctional administrators, field probation and parole officers, juvenile
caseworkers, Intensive Supervision Program officers and such other employees as may be required to carry out adequate supervision
of all probationers, parolees from the correctional facilities, persons on intensive supervision and other persons placed
under the supervision of an employee listed in this paragraph;
[1995, c. 502, Pt. F, §34 (amd).]
C. Prescribe the powers and duties of persons appointed under paragraph B;
[1983, c. 459, §6 (new).]
D. Provide necessary investigation of any criminal case or matter, including presentence investigation and intensive supervision
eligibility investigations, when requested by the court having jurisdiction;
[1985, c. 821, §28 (amd).]
E. Provide investigation when requested by the board;
[1983, c. 459, §6 (new).]
F. Cooperate closely with the board, the criminal and juvenile courts, the chief administrative officers of correctional facilities
and other correctional facility personnel;
[1983, c. 459, §6 (new).]
G. Make recommendations to the board in cases of violations of the conditions of parole;
[1983, c. 459, §6 (new).]
H. Issue warrants for the arrest of parole violators and juveniles who violate conditions of placement on community reintegration
status pursuant to sections 3810 and 4112;
[2005, c. 328, §25 (amd).]
I. Notify the chief administrative officers of correctional facilities of determinations made by the board;
[1983, c. 459, §6 (new).]
J. Divide the State into administrative districts and staff the districts;
[1983, c. 459, §6 (new).]
K. Provide instruction and training courses for probation and parole officers, for Intensive Supervision Program officers and
for juvenile caseworkers;
[1989, c. 417, §1 (amd).]
L. Be executive officer and secretary of the board; and
[1989, c. 417, §2 (amd).]
M. Aggregate the statistics contained in any reports the department receives on individual probationers and make the aggregated
statistics available to other state agencies provided the data is aggregated in such a way that statistics pertaining to any
individual probationer can not be disaggregated.
[1995, c. 502, Pt. F, §34 (amd).]
[2005, c. 328, §25 (amd).]
3. Powers. The commissioner may:
A. Provide necessary specialized services and procedures for the constructive rehabilitation of juveniles;
[1983, c. 459, §6 (new).]
B. Obtain psychiatric, psychological and other necessary services;
[2005, c. 265, §20 (amd).]
C. Sign documents, including warrants and extradition papers, for the board when so instructed by the board; and
[2005, c. 265, §20 (amd).]
D.
[1995, c. 502, Pt. F, §34 (rp).]
E.
[1995, c. 502, Pt. F, §34 (rp).]
F. Provide for necessary assessment and supervision procedures and direct the use of adult probation resources and staff to
the management of adult probationers with a high risk of reoffending.
[2005, c. 265, §21 (new).]
[2005, c. 265, §§20, 21 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B160,161
(AMD).
PL 1985,
Ch. 821,
§28
(AMD).
PL 1987,
Ch. 402,
§A176
(AMD).
PL 1989,
Ch. 127,
§12,13
(AMD).
PL 1989,
Ch. 417,
§1-3
(AMD).
PL 1995,
Ch. 502,
§F34
(AMD).
PL 2005,
Ch. 265,
§20,21
(AMD).
PL 2005,
Ch. 328,
§25
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5403. Assistant director (REPEALED)
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 3: DIVISION OF PROBATION AND PAROLE
§5403. Assistant director (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§F35
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5404. Probation and parole officers and intensive supervision program officers
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 3: DIVISION OF PROBATION AND PAROLE
§5404. Probation and parole officers and intensive supervision program officers
In addition to duties prescribed by the commissioner and by the court having jurisdiction, a probation and parole or intensive
supervision program officer shall:
[1995, c. 502, Pt. F, §36 (amd).]
1. Investigation. Investigate any criminal case or matter concerning probation, parole or intensive supervision referred to the officer for
investigation and report the result of the investigation;
[1989, c. 127, §14 (amd).]
2. Arrest. Arrest, after completing the entry level and orientation training course prescribed by the commissioner, in the following
circumstances:
A. Arrest and return probation and parole violators upon request of the commissioner;
[1995, c. 502, Pt. F, §37 (amd).]
B. Arrest and return to a correctional facility persons released from the correctional facility under section 3035 or transferred
from the facility under section 3036-A; and
[2003, c. 205, §14 (amd).]
C. If the officer has probable cause to believe that a person under the supervision of the department has violated a condition
of that person's probation or parole or intensive supervision, the officer may arrest that person;
[2005, c. 389, §5 (amd).]
[2005, c. 389, §5 (amd).]
3. Supervision. Supervise persons as follows:
A. Supervise the probation, parole or intensive supervision of each person placed under the officer's supervision to ensure
that departmental resources are directed to the management of persons with a high risk of reoffending;
[2005, c. 265, §22 (amd).]
B. Supervise persons released from a correctional facility under section 3035 and supervise persons transferred to supervised
community confinement under section 3036-A if the commissioner directs;
[2003, c. 205, §15 (amd).]
C. Keep informed of the conduct and condition of each person placed under the officer's supervision and use suitable methods
to encourage the person to improve that person's conduct and condition; and
[1995, c. 502, Pt. F, §39 (amd).]
D.
[1989, c. 127, §14 (rp).]
E. Supervise the transition from institutional confinement for persons residing in a prerelease center if the commissioner
directs; and
[2005, c. 389, §6 (amd).]
[2005, c. 265, §22 (amd); c. 389, §6 (amd).]
4. Records and reports. Keep records of each case and make reports as required.
[2005, c. 389, §7 (amd).]
5. Money.
[2005, c. 389, §8 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 735,
§2
(AMD).
PL 1987,
Ch. 315,
§2
(AMD).
PL 1989,
Ch. 127,
§14
(AMD).
PL 1989,
Ch. 521,
§15,17
(AMD).
PL 1991,
Ch. 27,
§
(AMD).
PL 1991,
Ch. 845,
§6,7
(AMD).
PL 1995,
Ch. 502,
§F36-40
(AMD).
PL 2003,
Ch. 205,
§14,15
(AMD).
PL 2005,
Ch. 265,
§22
(AMD).
PL 2005,
Ch. 389,
§5-8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5405. Indigency screening units for court-appointed counsel; pilot program (REPEALED)
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 3: DIVISION OF PROBATION AND PAROLE
§5405. Indigency screening units for court-appointed counsel; pilot program (REPEALED)
Section History:
PL 1987,
Ch. 154,
§1
(NEW).
PL 1995,
Ch. 502,
§F41
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5601. Interagency agreements
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 4: JUVENILE PROBATION SERVICES
§5601. Interagency agreements
The department may enter into agreements with state agencies, other public agencies and private nonprofit agencies to provide
supervision or other services to juveniles placed on probation by the Juvenile Court.
[1983, c. 459, § 6 (new).]
1. Terms. The terms of the agreements, including any payments to be made by the department for the services provided, shall be set
forth in writing.
[1983, c. 459, § 6 (new).]
2. Termination. Any agreement made under this section may be terminated upon 90 days' written notice by either party to the agreement.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5602. Juvenile community corrections officer
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 4: JUVENILE PROBATION SERVICES
§5602. Juvenile community corrections officer
1. Departmental employees. A juvenile community corrections officer is an employee of the Department of Corrections.
[1999, c. 583, §46 (amd).]
2. Juvenile community corrections officer's functions. A juvenile community corrections officer's functions are:
A. To serve as a juvenile probation officer;
[1985, c. 439, §22 (new).]
B. To carry out all functions of a juvenile community corrections officer delineated in the Maine Juvenile Code, Title 15,
Part 6; and
[1999, c. 583, §46 (amd).]
C. To provide appropriate services to juveniles committed to a juvenile correctional facility who are in the community on community
reintegration status.
[2003, c. 410, §23 (amd).]
[2003, c. 410, §23 (amd).]
3. Juvenile community corrections officer's duties. A juvenile community corrections officer shall:
A. When directed, provide information to a juvenile correctional facility on juveniles committed to the juvenile correctional
facility;
[1999, c. 583, §46 (amd).]
B. Make such investigations as the Juvenile Court may direct and shall keep written records of the investigations as the Juvenile
Court may direct;
[1985, c. 439, §22 (rpr).]
C. Use all suitable means, including counseling, to aid each juvenile under the juvenile community corrections officer's supervision
and shall perform such duties in connection with the care and custody of juveniles as the court may direct;
[1999, c. 583, §46 (amd).]
D. Keep informed as to the condition and conduct of each juvenile placed under the juvenile community corrections officer's
supervision and shall report on the condition and conduct to the court and to the department as the court or department may
direct;
[1999, c. 583, §46 (amd).]
E. When a juvenile is placed under the juvenile community corrections officer's supervision, give the juvenile a written statement
of the conditions of the supervision and shall fully explain the conditions to the juvenile; and
[1999, c. 583, §46 (amd).]
F. Keep complete records of all work done.
[1985, c. 439, §22 (new).]
[1999, c. 583, §46 (amd).]
4. Juvenile community corrections officer's powers. Juvenile community corrections officers have the same arrest powers as other law enforcement officers with respect to juveniles
placed under their supervision.
[1999, c. 583, §46 (amd).]
5. Investigations.
[1985, c. 439, §22 (rp).]
6. Care and custody of juveniles.
[1985, c. 439, §22 (rp).]
7. Arrest.
[1985, c. 439, §22 (rp).]
8. Written statement of probation conditions.
[1985, c. 439, §22 (rp).]
9. Keeping informed.
[1985, c. 439, §22 (rp).]
10. Records.
[1985, c. 439, §22 (rp).]
11. Change of residence.
[1985, c. 439, §22 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 439,
§22
(RPR).
PL 1997,
Ch. 464,
§16
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 583,
§46
(AMD).
PL 2003,
Ch. 410,
§23
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5801. Applicability
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5801. Applicability
This subchapter applies only to those persons in the custody of the Department of Corrections pursuant to a sentence imposed
under the law in effect prior to May 1, 1976.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5802. Parole by board
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5802. Parole by board
The board may grant a parole from a penal or correctional institution after the expiration of the period of confinement, less
deductions for good behavior, or after compliance with conditions provided for in sections 5803 to 5805 applicable to the
sentence being served by the prisoner or inmate. It may revoke a parole when a condition of the parole is violated.
[1983, c. 459, § 6 (new).]
1. Duration and conditions of parole. When the board grants a parole, upon release, the parolee shall serve the unexpired portion of his sentence, less deductions
for good behavior, unless otherwise discharged therefrom by the board.
[1983, c. 459, § 6 (new).]
2. Custody and control. While on parole, the parolee is under the custody of the warden or superintendent of the institution from which he was released,
but under the immediate supervision of and subject to the rules of the division or any special conditions of parole imposed
by the board.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5803. Eligibility for hearing; State Prison
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5803. Eligibility for hearing; State Prison
A prisoner at the Maine State Prison or Maine Correctional Center becomes eligible for a hearing by the board as follows:
[1983, c. 459, § 6 (new).]
1. Expiration of minimum term in minimum-maximum sentence. Prior to the expiration of the prisoner's minimum term of imprisonment, less the deduction for good behavior, when the law
provides for a minimum-maximum sentence;
[1983, c. 459, § 6 (new).]
2. Expiration of 12 of term in certain cases. Prior to the expiration of 12 of the term of imprisonment imposed by the court, less the deduction for good behavior, when
the prisoner has been convicted of an offense under Title 17, section 1951, 3151, 3152 or 3153. This subsection applies to
a prisoner who has been convicted previously of an offense under Title 17, section 1951, 3151, 3152 or 3153;
[1983, c. 459, § 6 (new).]
3. Expiration of 15-year term in life imprisonment cases. Prior to the expiration of a 15-year term of imprisonment, less deduction for good behavior, when the prisoner has been convicted
of an offense punishable only by life imprisonment; and
[1983, c. 459, § 6 (new).]
4. Expiration of 15-year term in other cases. Prior to the expiration of a 15-year term of imprisonment, less deduction for good behavior, when, following conviction,
the prisoner has been sentenced to a minimum term of 15 years or more.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5804. Maine Correctional Center
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5804. Maine Correctional Center
An inmate at the Maine Correctional Center becomes eligible for a hearing by the board as follows:
[1983, c. 459, § 6 (new).]
1. Inmate reformed. When it appears to the superintendent that the inmate has reformed; and
[1983, c. 459, § 6 (new).]
2. Suitable employment secured. When some suitable employment or situation has been secured for him in advance.
[1983, c. 459, § 6 (new).]
div>
If the superintendent does not recommend an inmate for a parole hearing during the first year after commitment, the reasons
for not so doing shall be reported to the Director of Corrections at the end of the year and for each 6 months thereafter
until the inmate is recommended for a hearing by the board.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5805. Women's reformatory
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5805. Women's reformatory
An inmate at the Women's Correctional Center becomes eligible for a hearing by the board as follows:
[1983, c. 459, § 6 (new).]
1. Inmate reformed. When it appears to the superintendent that the inmate has reformed;
[1983, c. 459, § 6 (new).]
2. Suitable employment secured. When some suitable employment or situation has been secured for her in advance.
[1983, c. 459, § 6 (new).]
div>
If the superintendent does not recommend an inmate for a parole hearing during the first year after commitment, the reasons
for not so doing shall be reported to the Director of Corrections at the end of the year and for each 6 months thereafter
until the inmate is recommended for a hearing by the board.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5806. Violations of parole
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5806. Violations of parole
A probation-parole officer may arrest and charge a parolee with violation of parole and take him into his custody in any place
he may be found, detain the parolee in any jail, pending the issuance of a parole violation warrant, which detention shall
not extend beyond the next business day of the office of the director. In the event a warrant is not issued in that time,
the parolee shall be released from arrest and detention forthwith. A parolee so arrested and detained shall have no right
of action against the probation-parole officer or any other persons because of that arrest and detention.
[1983, c. 459, § 6 (new).]
div>
When a parolee violates a condition of his parole or violates the law, the director may issue a warrant for his arrest. A
probation-parole officer, or any other law enforcement officer within the State authorized to make arrests, may arrest the
parolee on the warrant and return him to the institution from which he was paroled. At its next meeting at that institution,
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 his parole or the law, it shall revoke his parole, set the length of time he shall serve of the unexpired
portion of his sentence before he can again be eligible for hearing by the board, and remand him to the institution from which
he was released; except that, when a parolee from the Maine Correctional Center violates the law and is sentenced by the court
to the Maine State Prison, any length of time set by the board to be served of the unexpired portion of his correctional center
sentence may be served at the Maine State Prison.
[1983, c. 459, § 6 (new).]
1. Forfeits deductions. Upon revocation of parole by the board, the prisoner forfeits any deductions for good behavior earned while on parole.
[1983, c. 459, § 6 (new).]
2. May earn deductions. While serving the unexpired portion of his sentence after parole has been revoked, the prisoner may earn deductions for good
conduct.
[1983, c. 459, § 6 (new).]
div>
Whenever a warrant is issued under this section for the arrest of a parolee, the running of the parolee's sentence shall be
interrupted and shall remain interrupted until the parolee is returned to the institution from which he was paroled. Interruption
of the running of his sentence shall include any time served prior to such return, after conviction for a crime committed
while on parole.
[1983, c. 459, § 6 (new).]
div>
In the event of the withdrawal of the warrant by authority of the director, or in the event that the board at the hearing
on the alleged violation finds that the parolee did not violate the conditions of his parole, or the law, he shall be credited
with the time lost by the interruption of the running of his sentence.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5807. Sentence for crime committed by parolee
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5807. Sentence for crime committed by parolee
Any parolee who commits an offense while on parole where the offense is punishable by imprisonment for one year or more and
who is sentenced to the Department of Corrections 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.
[1985, c. 203 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 203,
§
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5808. Discharge from parole
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5808. Discharge from parole
Any parolee who faithfully performs all the conditions of parole and completes his sentence is entitled to a certificate of
discharge to be issued by the warden or superintendent of the institution to which he was committed.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5809. Certificate of discharge
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5809. Certificate of discharge
Whenever it appears to the board that a person on parole is no longer in need of supervision, it may order the superintendent
or warden of the institution from which he was released to issue him a certificate of discharge, except that in the case of
persons serving a life sentence who may not be discharged from parole in less than 10 years after release on parole.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5810. Records forwarded to State Police
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5810. Records forwarded to State Police
When a person who has been convicted under Title 17, section 1951, 3151, 3152 or 3153 is paroled, the warden or superintendent
of the institution shall forward to the State Police a copy of his record and a statement of facts necessary for full comprehension
of the case. Whenever any prisoner, who has been convicted of an offense under Title 17, section 1951, 3151, 3152 or 3153
is discharged in full execution of his sentence, the Warden of the Maine State Prison shall make and forward to the State
Police a copy of the prison record of that prisoner together with a statement of any fact or facts which he may deem necessary
for a full comprehension of the case.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §5811. Community reparations boards (REPEALED)
Title 34-A: CORRECTIONS
Chapter 5: PROBATION AND PAROLE
Subchapter 5: PAROLE LAWS FOR PRECRIMINAL CODE PRISONERS
§5811. Community reparations boards (REPEALED)
Section History:
MRSA ,
§T.34B SEC.58118
(RP ).
PL 1997,
Ch. 421,
§B3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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