This bill implements the recommendations of the Commission to Examine Reestablishing Parole, as established by Resolve 2021, chapter 126. Part A of this bill renames the State Parole Board the Maine Parole Board and increases the membership of the board from 5 to 7 members appointed by the Governor, at least one of whom must be a formerly incarcerated individual. It also provides that member appointments must be reviewed by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmed by the Legislature, and members must receive annual training regarding best practices in evaluating applications for parole and designing appropriate conditions of parole. Part B of the bill amends the laws governing parole. Current law provides that only individuals in the custody of the Department of Corrections pursuant to a sentence imposed under the law in effect before May 1, 1976 are eligible for parole. As recommended by the Commission to Examine Reestablishing Parole, this bill establishes the option of parole for individuals sentenced to the custody of the Department of Corrections after May 1, 1976. The bill incorporates the concepts of positive reentry parole; research and testimony presented to the Commission to Examine Reestablishing Parole by persons with expertise in victims' rights and advocacy, probation and parole structure and restorative justice; and some of the technical aspects of Maine's existing parole law. Part C of the bill amends the laws governing sentencing to provide that, when a person is sentenced to imprisonment for life, the sentencing court must specify whether the person is or is not eligible for parole. Part D of the bill specifies that a person who is incarcerated and in the custody of the Department of Corrections on the effective date of this legislation is not eligible for parole until at least 5 years after the effective date of this legislation.

Statutes affected:
Bill Text LD 1941, HP 1300: 5.12004, 34-A.5001, 34-A.5201, 34-A.5202, 34-A.5203, 34-A.5206, 34-A.5208, 34-A.5211, 17-A.1603, 17-A.1604