79-13A
Final discharge of persons serving a life sentence
Cite as Me. Op. Att'y Gen. 79-13A
# MAINE STATE LEGISLATURE
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# STATE OF MAINE
79-13 A
Inter-Departmental Memorandum Date February 5, 1979
William Laubenstein
from Nancy Downs, Administrative Assistant
Dept. Attorney General's Office
Dept. Maine Parole Board
Subject Final Discharge of persons serving a life sentence.
As a result of the last Parole Board Meeting, the question has arisen regarding M.R.S.A. title 34 § 1678. This section states that the Board may order a discharge, "except that in the case of persons serving a life sentence who may not be discharged from parole in less then ten years after release on parole."
The question is, does the ten years successful parole have to be ten consecutive years without parole violation or does it mean parole periods that equal ten years?
The inmate in question was originally paroled on a Murder sentence in March 1970. He violated his parole in February 77, at that time was denied six months and reparoled, in December 77 a warrant was issued, he was apprehended and in May 78 he was again denied time and reparoled. Once again he violated and this month he was denied a year. His total periods on parole equal almost seven years, the Board is not certain if the seven years parole can be credited toward the ten year requirement in § 1678.
Thank you for your consideration in this matter.
cc: RKC
File
AUG. 17, 1979
MAR 12, 1979
Aug 1, 1980