Maine Revised Statutes Title 34-A Sec. 5806 – Violations of parole
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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. [PL 1983, c. 459, §6 (NEW).]
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. [PL 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.
[PL 1983, c. 459, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 34-A Sec. 5806
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the State Parole Board. See Maine Revised Statutes Title 34-A Sec. 5001
- Conviction: A judgement of guilt against a criminal defendant.
- Parole: is a release procedure by which a person may be released from a correctional facility by the State Parole Board prior to the expiration of the person's maximum term, parole status being in effect under Title 17-A, section 2314, subsection 2, with all provisions of prior laws governing parole continuing in effect. See Maine Revised Statutes Title 34-A Sec. 5001
- Prison: means the Maine State Prison. See Maine Revised Statutes Title 34-A Sec. 1001
- Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
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.
[PL 1983, c. 459, §6 (NEW).]
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. [PL 1983, c. 459, §6 (NEW).]
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. [PL 1983, c. 459, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §6 (NEW).