TITLE 115  BOARD OF PAROLE

 

Chapter 115-10          Board of Parole Rules and Regulations

Chapter 115-20          Parole Supervision Assessment Fees Rules and Regulations

 

CHAPTER 115-10

BOARD OF PAROLE RULES AND REGULATIONS

 


Part 001          General Provisions

§ 115-10-001   Authority

§ 115-10-005   Purpose

§ 115-10-010   Definitions

 

Part 100          Eligibility

§ 115-10-101   Eligibility Criteria

 

Part 200          Parole Application Process

§ 115-10-201   Application

§ 115-10-205   Application Processing

§ 115-10-210   Hearings Calendar

 

Part 300          Board of Parole Hearings and Decisions

§ 115-10-301   Hearings

§ 115-10-305   Formal Order

§ 115-10-310   Revocation Hearings

§ 115-10-315   Reapplication for Parole

 

Part 400          Standard and Special Terms and Conditions of Parole

§ 115-10-401   Parole Conditions

§ 115-10-405   Additional Special Conditions

§ 115-10-410   Certificate of Parole and Agreement

§ 115-10-415   Reasonable and Necessary Changes to Conditions

§ 115-10-420   Requests for Changes to Conditions

 

Part 500          Revocation Proceedings

§ 115-10-501   Parole Violations

§ 115-10-505   Emergency Situations

§ 115-10-510   Warrant of Arrest

§ 115-10-515   Preliminary Hearing

§ 115-10-520   Preliminary Hearing Determination

§ 115-10-525   Further Revocation Proceedings Not Warranted

§ 115-10-530   Revocation Hearing Schedule

§ 115-10-535   Revocation Hearing

§ 115-10-540   Parole Revocation

 

Part 600          Clemency

§ 115-10-601   General

§ 115-10-605   Definitions

§ 115-10-610   Notice

§ 115-10-615   Procedure

 

 

 

 

 

 



Chapter Authority: 6 CMC § 4206.

 

Chapter History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001) (repealing the 1992 Board of Parole Rules and Regulations); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001); Amdts Proposed 18 Com. Reg. 14337 (Sept. 15, 1996);* Amdts Adopted 14 Com. Reg. 10207 (Dec. 15, 1992) (repealing the June 1979 and March 1979 Board of Parole Rules and Regulations); Amdts Proposed 14 Com. Reg. 9790 (Oct. 15, 1992); Adopted 1 Com. Reg. 284 (June 16, 1979); Proposed 1 Com. Reg. 193 (Apr. 16, 1979); Adopted 1 Com. Reg. 187 (Mar. 16, 1979); Proposed 1 Com. Reg. 180 (Feb. 16, 1979).

 

*A notice of adoption for the 1996 amendments was never published.

 

Commission Comment: [Historical comments removed.]

 

39 Com. Reg. 039334 (Mar. 28, 2017) proposed repeal of “Rules and Regulations promulgated pursuant to [sic] previous Public Laws and 6 CMC § 4206 [sic] published in the Commonwealth Registrar on February 28, 2015 and adopted on June 24, 2015,” and proposed new, permanent regulations in their place. Pursuant to 1 CMC 3806(a)(b), the Commission codified Sections I, II, and III as Part 001; Section IV as Part 100; Section V as Part 200; Section VI as Part 300; Section VII as Part 400; Section VIII as Part 500; and Section IX as Part 600. 39 Com. Reg. 039334 (Mar. 28, 2017) contained repealer, severability, and savings clauses, and was adopted by 39 Com. Reg. 039590 (Apr. 28, 2017).

 

Part 001 - General Provisions

 

§ 115-10-001               Authority

 

The Board of Parole is authorized and mandated by Public Law 12-41 and 6 CMC § 4206 to adopt rules and regulations.

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-005               Purpose

 

The purpose of these rules and regulations is to establish procedures to be utilized in the parole process.

 

History: Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-010               Definitions

 

For the purpose of the regulations contained in Chapter 115-10 the definitions below shall have the following meanings:

 

(a)        "Inmate" herein means an incarcerated person that is applying to the Board for Parole or Re-parole.

 

(b)        "Parole" herein means a conditional release from imprisonment;

 

(c)        "Revocation" herein means a rescission of parole.

 

(d)       "Re-parole" herein means a conditional release from imprisonment subsequent to revocation of parole.

 

(e)        "Parolee" herein means an inmate released from prison on parole subject to conditions of parole.

 

(f)        "Corrections" herein means the Commonwealth of the Northern Mariana Islands Department of Corrections or predecessor, thereof.

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Part 100 – Eligibility

 

§ 115-10-101               Eligibility Criteria

 

In order for an inmate to be eligible to appear for a parole hearing before the Board of Parole, to request the privilege of parole, an inmate must meet all of the following criteria:

 

(a)        Eligible under the laws governing parole;

 

(b)        Has no pending criminal charges in the Commonwealth of the Northern Mariana Islands or any other jurisdiction;

 

(c)        Has made a formal application for parole to the Board of Parole as set forth below;

 

(d)       Understands and accepts that the terms and conditions of parole are not negotiable or flexible. The terms and conditions of parole must be adhered to at all times;

 

(e)        Has had, during the past twelve months prior to application for parole, or since the inception of the inmate’s incarceration, whichever is shorter, a satisfactory record of behavior during incarceration. A satisfactory record of behavior is a record which demonstrates that the applicant has substantially complied with the rules and policies of the Department of Corrections pertaining to the imprisonment of persons or inmates; and

 

(f)        Has complied with all other orders of the Court.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Part 200 – Parole Application Process

 

§ 115-10-201               Application

 

Application for parole shall be made on the form prescribed by the Board of Parole Office. An inmate desiring parole, shall complete the application, and shall set forth therein a specific parole plan. The parole plan shall include details regarding the life inmate intends to lead if released. The parole plan must include information regarding where and with whom inmate will reside and inmate's proposed employment plan, including, but not limited to, type of work, hours to be worked, employer's name and place of employment.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-205               Application Processing

 

(a)        Once the completed application is submitted to the Board of Parole Office, the Office shall have 60 days to process the application.

 

(b)        The Chief Parole Officer shall, during the 60 day processing period, review the inmate's application for parole and the records available to the Board of Parole Office and shall make a determination as to whether or not an inmate has met the above eligibility criteria set forth in § 115-10-101. If the inmate has met the eligibility criteria, as determined by the Chief Parole Officer, the inmate shall be eligible to appear at a hearing before the Board of Parole. If the inmate does not meet the eligibility criteria, as determined by the Chief Parole Officer, the inmate shall not be eligible to appear at a hearing before the Board of Parole until inmate meets all such eligibility criteria.

 

(c)        During processing, the Parole Officers may request additional information and documents from the inmate. Inmate shall cooperate with the Parole Officer(s) in the collection of additional information.

 

(d)       At the conclusion of the 60 day period, the Chief Parole Officer shall notify the inmate either:

(1)        That inmate is eligible under the eligibility criteria in § 115-10-101 for a hearing before the Board of Parole and when inmate will be advised of inmate's hearing date; or,

(2)        That inmate is not currently eligible under the criteria in § 115-10-101, specifying which criteria inmate has failed to meet.

 

(e)        If an inmate is not eligible for parole under the criteria set forth in § 115-10-101, inmate may re-apply once inmate has met the eligibility criteria set forth in § 115-10-101.

 

(f)        If an inmate is not eligible, or if inmate's application is withdrawn by the inmate for any reason, the Board of Parole Office shall have an additional 60 days to process the inmate's application upon resubmission.

 

Modified, 1 CMC 3806(a)–(b), (d), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “Section IV” to “§ 115-10-101” throughout this section pursuant to 1 CMC 3806(d).

 

§ 115-10-210               Hearings Calendar

 

(a)        The Chief Parole Officer shall maintain a list of processed and eligible parole applicants. The Chief Parole Officer shall report to the Board of Parole at each regularly scheduled meeting, in as much detail as the Board of Parole requests, as to the inmates that have applied and are eligible for parole. The Board of Parole shall schedule a date for hearing for those inmates that are eligible for parole.

 

(b)        The Board of Parole Office shall give each inmate set for hearing 14 days prior notice of the date, time, and place of inmate's hearing.

 

Modified, 1 CMC § 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Part 300 – Board of Parole Hearings and Decisions

 

§ 115-10-301               Hearings

 

Regular hearings of the Board of Parole shall be conducted as deemed necessary by the Board of Parole.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

                                                                                           

§ 115-10-305               Formal Order

 

Following the hearing the Board of Parole shall issue a formal written order granting or denying parole. If parole is granted, it shall be effective on the date the inmate is eligible under the law or at such later date as is specified by the Board of Parole in its order.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-310               Revocation Hearings

 

Parole revocation hearings shall be scheduled by the Board of Parole and conducted as set forth in Part 500.

 

Modified, 1 CMC 3806(a)–(b), (d).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “Section VIII” to “Part 500” pursuant to 1 CMC 3806(d).

 

§ 115-10-315              Reapplication for Parole

 

Reapplication for parole after revocation shall be handled in the same manner as initial application for processing and hearing purposes. However, an inmate who has been denied parole may re-apply for parole no sooner than:

 

(a)        Six months from the date of denial; or

 

(b)        In the event inmate is serving a life sentence or a sentence of 20 years or longer, 24 months from the date of denial.

 

Modified, 1 CMC § 3806(a)–(b), (e), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Part 400 – Standard and Special Terms and Conditions of Parole

 

§ 115-10-401               Parole Conditions

 

Prior to parole release, the Board of Parole shall impose and require all inmates to agree to abide and adhere to the parole conditions during the term of parole under the supervision of the Chief Parole Officer, as follows:

 

(a)        Shall not commit any crime or engage in criminal activities;

 

(b)        Shall support all dependents and meet other family responsibilities;

 

(c)        Shall devote himself/herself to an approved employment or occupation;

 

(d)       Shall remain within the geographic limits fixed in parolee's certificate of parole, unless granted written permission by the Chief Parole Officer to leave such limits;

 

(e)        Shall report, as directed by the Chief Parole Officer upon release, to parolee's Parole Officer at such regular intervals as may be required, answer all reasonable inquiries by the Parole Officer, and permit the officer to visit parolee at reasonable times at parolee's home or elsewhere;

 

(f)        Shall reside at any place fixed in parolee's certificate of parole;

 

(g)        Shall reside in a boarding home, hospital, or other parole residence facility, for such period and under such supervision or treatment as the Board of Parole or Chief Parole Officer may deem appropriate;

 

(h)        Shall not possess firearms or other dangerous weapons;

 

(i)         Shall submit to available medical or psychiatric treatment as directed;

 

(j)         Shall not associate with persons that engage in criminal activities or, without permission of the Chief Parole Officer, with persons that have been convicted of a crime;

 

(k)        Shall pay any Court ordered fine and/or restitution;

 

(l)         Shall satisfy any other conditions reasonably related to parolee's rehabilitation or to the public safety and security while on parole, as imposed by the Chief Parole Officer;

 

(m)       Shall submit to possible search and or seizure, with or without a search warrant, of a parolee's appropriate, place of residence, work and or property, day or night, by any Parole Officer(s), and any accompanying law enforcement officer(s);

 

(n)        Shall abide and adhere to the instructions of the Parole Officer;

 

(o)        Shall pay a monthly Parole Supervision Fee of $30 or perform, in lieu of such fee, Community Work Service (CWS), pursuant to Public Law 14-33;

 

(p)        Shall submit to substance abuse testing and or drug urinalysis screenings and or testing, as required, by the Chief Parole Officer or Parole Officers;

 

(q)        Shall maintain an approved home placement and suitable sponsor while on parole and adhere to any sponsorship agreement;

 

(r)        Shall first obtain prior written approval from the Chief Parole Officer or designee within 24 hours of any prospective change in address, sponsor or employment;

 

(s)        Shall abide by and adhere to curfew and driving restrictions imposed by the Board or Chief Parole Officer or designee. The standard curfew hours for parolees are from 9:00 p.m. to 6:00 a.m. Requests to the Chief Parole Officer for temporary curfew extensions and authorizations to operate motor vehicles must be submitted to the Parole Office 72 hours prior to the extension and authorization dates for review and consideration;

 

(t)        Shall not consume any alcoholic beverage or any illegal substances, or any legal substances without proper prescription from a licensed physician or medical doctor; and

 

(u)        Shall not enter or frequent any nightclub, bar, or other similar establishment that serve or dispense alcoholic beverages or the like, nor enter any gambling establishment and shall refrain from playing, participating, in any form of gambling activity, or from operating, in any way, any type of electronic gaming device, machine, or any type of gambling table game

 

Modified, 1 CMC 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-405               Additional Special Conditions

 

In addition to the standard terms and conditions and standard special conditions of parole, the Board of Parole or the Chief Parole Officer may impose and require additional special conditions of parole, either at the time of the parolee's release on parole or at any time while parolee remains under parole supervision. Imposition of additional special conditions may vary, but in imposing them, the Board of Parole or the Chief Parole Officer is guided by the following criteria:

 

(a)        Reasonable relationship between the additional condition imposed and the parolee's previous conduct, present situation and capabilities;

 

(b)        Reasonable balance between the parolee's liberty, expression, and association, and the community's safety; and

 

(c)        Sufficient specificity to aid in supervision and conduct.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-410               Certificate of Parole and Agreement

 

Prior to release on parole, the inmate shall be provided with a Certificate of Parole setting forth the conditions of parolee's parole. Inmate shall sign a statement agreeing to such conditions prior to inmate's release on parole.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-415               Reasonable and Necessary Changes to Conditions

 

Reasonable and necessary changes to a parolee's standard special terms and conditions of parole may be temporarily imposed by the Chief Parole officer by giving written notice of the new condition and the reasons for such imposition to the parolee and the Board of Parole or designee. Such temporary modification shall be imposed for a period not to exceed 90 days. If within the 90 days the Board of Parole, or any Board of Parole Member authorized by the Board to do so, agrees with the imposition of additional special terms and conditions of parole, the condition will be permanently imposed on parolee and notice of the same shall be given to parolee. In the event the Board of Parole, or any Board of Parole Member authorized by the Board to do so determines such imposition does not satisfy § 115-10-405, a Notice of Rescission of Temporary Additional Special Conditions shall be provided to the parolee.

 

Modified, 1 CMC 3806(a)–(b), (d), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “Section B above” to “§ 115-10-405” pursuant to 1 CMC 3806(d).

 

§ 115-10-420               Requests for Changes to Conditions

 

A parolee may request a temporary exemption or permanent change to parolee's terms and conditions of parole. Such request must be made in writing to the Chief Parole Officer, and shall set forth the reason for the desired change or exemption. The request must be submitted three working days in advance of the desired temporary exemption or permanent change. If, and only if, the Chief Parole Officer agrees such exemption or change should be granted, the Chief Parole Officer will, as soon as practical, bring the request to the attention of the Board of Parole or Member authorized by the Board to grant such changes and exemptions. The change or exemption authorization shall be valid only after the authorized Member concurs with the Chief in writing. In the event that the Board of Parole Member authorized by the Board to grant such changes and exemptions deems that the request should be heard by the entire Board of Parole, the requested change will be submitted to the Board of Parole for consideration and determination within a reasonable time.

 

Modified, 1 CMC § 3806(a)–(b), (e).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Part 500 – Revocation Proceedings

 

§ 115-10-501               Parole Violations

 

The Board of Parole, or any Board of Parole Member authorized by the Board, may, if parolee is alleged to have violated parolee's parole, summon a parolee to appear at a preliminary hearing. Alternatively, if parolee is alleged to have violated parolee's parole, the Board of Parole, or any Board of Parole Member authorized by the Board, may issue an order suspending parolee's parole and a warrant ordering parolee to be apprehended and detained pending further action by the authorized member or by the entire Board.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-505               Emergency Situations

 

If a Parole Officer has probable cause to believe that a parolee has violated a condition of parole and that an emergency situation exists, and awaiting an order of the Board of Parole would create an undue risk to the public or to the parolee, the Parole Officer shall arrest the parolee with or without first issuing a warrant for parolee's arrest and subsequent detention at the Department of Corrections or a local jail or detention facility, and may call on any law enforcement officer to assist in the arrest. Within 24 hours of arrest and detention, the parolee shall be detained on the written order of the Parole Officer in a local jail, lockup, or other detention facility, pending action by the Board of Parole. The Board of Parole, or any Board of Parole Member authorized by the Board to do so, may, after such detention, issue an order suspending parole or for the conditional or unconditional release of the parolee and take such other action as is authorized in this Part with respect to a parolee arrested under its warrant.

 

Modified, 1 CMC 3806(a)–(b), (d), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “in this section” to “in this Part” pursuant to 1 CMC 3806(d).

 

§ 115-10-510               Warrant of Arrest

 

If, pursuant to § 115-10-505, a Parole Officer has a parolee arrested and detained, the Officer shall, within 72 hours of such arrest and detention, obtain a warrant of arrest and/or an order suspending parole from the Board of Parole, or any Board of Parole Member authorized by the Board to issue such warrants or orders. If such warrant and/or order is not obtained within that period, parolee shall be released.

 

Modified, 1 CMC 3806(a)–(b), (d), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “subsection B above” to “§ 115-10-505” pursuant to 1 CMC 3806(d).

 

§ 115-10-515               Preliminary Hearing

 

A parolee who has been summoned or retaken for an alleged violation of the conditions of parole shall be scheduled for a preliminary hearing before the Board of Parole, or any Board of Parole Member authorized by the Board to conduct such hearings, within 20 days of arrest or summons. A parolee may knowingly and intelligently waive his or her right to preliminary hearing and/or to representation at the hearing.

 

Modified, 1 CMC § 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015); Amdts Adopted 23 Com. Reg. 18419 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18225 (Aug. 16, 2001).

 

§ 115-10-520               Preliminary Hearing Determination

 

The Board of Parole, or any Board of Parole Member authorized by the Board to do so, shall determine if there is probable cause to believe that a parolee has violated a condition of parolee's parole. If probable cause is found, the Board of Parole or the designated representative shall:

 

(a)        Notify the parolee, in writing, of its finding and of the date, time, and place, of parolee's revocation hearing; and

(1)        Order the parolee held under its warrant pending a revocation hearing; or

(2)        Order the release of the parolee upon a finding that incarceration of the parolee pending revocation proceedings is unwarranted because the parolee does not pose a flight risk and does not constitute a danger to the community; or

 

(b)        In the event the alleged violation is a pending criminal charge, notify the parolee that parolee's parole is and shall be suspended pending the disposition of the criminal suit against parolee by the court. In such cases, a revocation hearing shall not be set until such time as the criminal suit against the parolee is disposed of by the Court or otherwise dismissed.

 

Modified, 1 CMC 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

§ 115-10-525               Further Revocation Proceedings Not Warranted

 

If the Board of Parole, or any Board of Parole Member authorized by the Board, determines that probable cause exists, but that continuation of revocation proceeding is not warranted, the Board of Parole, or any Board of Parole Member authorized by the Board to do so, may subsequently order that the parolee be released and required to conform with one or more additional conditions of parole which may be imposed in accordance with § 115-10-405.

 

Modified, 1 CMC 3806(a)–(b), (d).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “Section VII B herein” to “§ 115-10-405” pursuant to 1 CMC 3806(d).

 

§ 115-10-530               Revocation Hearing Schedule

 

Where probable cause has been found that a parolee has violated a condition of parolee's release, a revocation hearing shall be conducted by the Board of Parole within 90 days of the probable cause determination.

 

Modified, 1 CMC § 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

§ 115-10-535               Revocation Hearing

 

At the revocation hearing, the parolee may admit, deny, or explain the violation charged, and may present evidence that the condition was not violated or that inmate's violation was excusable. Parolee shall be permitted to consult with any persons whose assistance parolee reasonably desires, including parolee's own legal counsel, in preparing for a hearing before the Board of Parole. Parolee may confront and cross-examine adverse witnesses, unless the Board of Parole finds reason for not permitting such cross examination.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

§ 115-10-540               Revocation of Parole

 

A parolee whose parole is revoked for violation of the conditions of parole shall be recommitted for the term not to exceed the balance of the sentence imposed. Any parolee whose parole has been revoked, may, on or after the date the Board of Parole has set for re-application, upon submission of application, and eligibility, be considered by the Board of Parole for re-parole in accordance with the provisions of Part 100, Part 200, and Part 300 herein. In the event a parolee has 18 months or more remaining in parolee's sentence and the Board of Parole has not set a date for re-application, the parolee may reapply as follows:

 

(a)        After 12 months from the date of revocation if parolee has 18 months or more remaining in parolee's sentence to be served; or

 

(b)        After 24 months from the date of revocation if parolee has 60 months or more remaining in parolee's sentence to be served.

 

Modified, 1 CMC 3806(a)–(b), (d), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “sections IV, V, and VI” to “Part 100, Part 200, and Part 300” pursuant to 1 CMC 3806(d).

 

Part 600 – Clemency

 

§ 115-10-601               General

 

The Board of Parole is required by the Commonwealth Constitution and by Commonwealth law to participate in any reprieve, commutation, or pardon granted by the Governor of the Commonwealth. The Board shall, upon request of the Governor, consider and make nonbinding recommendations concerning all requests for clemency. Such recommendations shall be made pursuant to the procedures in this Section.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-605               Definitions

 

(a)        Absolute Pardon. A pardon that releases a person from punishment and restores the offender's civil rights without qualification.

 

(b)        Clemency. The power of the Governor to issue a pardon, reprieve, or commutation.

 

(c)        Commutation. The substitution in a particular case of a less severe punishment for a more severe one that that has already been judicially imposed on a person.

 

(d)       Conditional Pardon. A pardon that does not become effective until the person satisfies a prerequisite or that will be revoked upon the occurrence of some specified act.

 

(e)        Pardon. The act or instance of officially nullifying punishment or other legal consequences of a crime.

 

(f)        Partial Pardon. A pardon that exonerates the offender from some but not all of the punishment or legal consequences of a crime.

 

Modified, 1 CMC § 3806(a)–(b).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017); Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-610               Notice

 

The Board of Parole shall attempt to provide notice to all interested parties in accordance with these rules and regulations. The Board of Parole shall, subject to budgetary restraints, advertise any clemency hearing in at least one newspaper of public circulation in the Commonwealth.

 

Modified, 1 CMC 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 

Commission Comment: In codifying 39 Com. Reg. 039334 (Mar. 28, 2017), the Commission changed “this rules and regulations” to “these rules and regulations” pursuant to 1 CMC 3806(g).

 

§ 115-10-615               Procedure

 

(a)        A request for a clemency must be directed to the Office of the Governor. If the Board of Parole receives a request for clemency, then the Chief Parole Officer will forward the request to the Office of the Governor.

 

(b)        If the Governor is considering a grant of clemency to a person, then the Office of the Governor shall issue a request to the Board of Parole to provide any information known to the Board of Parole regarding the criminal record of the person. The Office of the Governor must issue a similar request to the Office of the Attorney General and the Department of Public Safety.

 

(c)        Upon receipt of the request from the Office of the Governor, the Board of Parole will provide a complete summary of the person's criminal record within 14 calendar days. The Board of Parole may supplement the criminal history with any other information that it deems relevant to the request.

 

(d)       After reviewing information and the clemency request, the Governor may choose to grant or deny clemency to the person. If the Governor wishes to grant clemency, then the Office of the Governor must inform the Board of Parole in writing.

 

(e)        If the Governor wishes to grant clemency, the Board of Parole must respond by providing any of the following information that was not previously provided to the Office of the Governor:

(1)        A detailed legal analysis of the person's criminal case and sentence;

(2)        Any information tending to show that the person has or has not taken responsibility for his or her actions;

(3)        A copy of the person's record of behavior while incarcerated at the Department of Corrections; and

(4)        Any other relevant information possessed by the Board of Parole.

 

(f)        If the Board of Parole receives written notice of intent to grant clemency from the Office of the Governor, then the Board of Parole must schedule and hold a hearing within 30 days.

 

(g)        The Governor must consult with the Board of Parole on his or her intention to grant clemency.

 

(h)        The clemency hearing must be open to the public.

 

(i)         Any interested person may submit data, views, or arguments in writing, on the clemency request. Within reasonable time limitations, any person may present oral testimony for or against the clemency request.

 

(j)         At the conclusion of the hearing, the Board of Parole must vote on whether to support or object to the issuance of clemency. A majority of the voting members will be required to support or object to the issuance of clemency. The failure of the Board to reach a majority vote will mean that the Board takes no position on the issuance of clemency.

 

(k)        The Governor may choose to grant or deny clemency regardless of the position taken by the Board of Parole. The purpose of this procedure is to advise the Governor and help him or her reach a decision that is in the best interests of the Commonwealth.

 

Modified, 1 CMC § 3806(a)–(b), (g).

 

History: Amdts Adopted 39 Com. Reg. 039590 (Apr. 28, 2017); Amdts Proposed 39 Com. Reg. 039334 (Mar. 28, 2017).

 


CHAPTER 115-20

PAROLE SUPERVISION ASSESSMENT FEES RULES AND REGULATIONS

 


Part 001           General Provisions

§ 115-20-001   Authority

§ 115-20-005   Purpose

§ 115-20-010   Definitions

§ 115-20-015   Applicability

 

Part 100           Parole Supervision Fee Requirements

§ 115-20-101   Supervision Fee

§ 115-20-105   Due Date

§ 115-20-110   Notice

§ 115-20-115   Waiver of Fees

§ 115-20-120   Community Work Service

§ 115-20-125   Condition of Parole

 

Part 200           Miscellaneous Provisions

§ 115-20-201   Severability Provision

§ 115-20-205   Savings Clause

§ 115-20-210   Effective Date


 

Chapter Authority: 6 CMC § 4206.

 

Chapter History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

Commission Comment: 6 CMC § 4201 creates a Board of Parole within the Commonwealth government. The Board is authorized to establish and implement a parole system in the Commonwealth. See 6 CMC §§ 4201-4207. 6 CMC § 4206 authorizes the Board of Parole to adopt rules and regulations not inconsistent with parole law.

 

For a complete history of the Board of Parole, see the general commission comment to NMIAC chapter 115-10.

 

PL 14-33 (effective Oct. 8, 2004), codified at 6 CMC §§ 4281-4288, established a Parole Supervision Assessment Fee Program to be implemented by the Board of Parole.

 

Part 001              General Provisions

 

§ 115-20-001   Authority

 

The Board of Parole is authorized pursuant to 6 CMC § 4206 as amended by Public Law 12-41 to adopt regulations related to parole supervision and assessment fees.

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-005   Purpose

 

The purpose of the rules and regulations in this chapter is to establish procedures to be utilized in the implementation and imposition of parole supervision assessment fees pursuant with Public Law 14-33 [6 CMC §§ 4281-4288].

 

Modified, 1 CMC 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-010   Definitions

 

(a)        “Parole” means a conditional release from imprisonment.

 

(b)        “Parolee” means an inmate released from prison on parole subject to conditions of parole.

 

(c)        “Supervision fees” means monies paid by and collected from parolees imposed by the Board of Parole to defray costs associated with supervising a parolee.

 

(d)       “Due date” means the date fees are due for payment.

 

(e)        “Special account” means an account assigned to the Board of Parole by the Department of Finance where monies or fees collected are deposited to and drawn from.

 

(f)        “Department of Finance” means a department within the Commonwealth of the Northern Mariana Islands government responsible for the maintenance and administration of the special account.

 

(g)        “Division of Treasury” means a division of the Department of Finance responsible in the collection of all monies or fees from parolees and the disbursement of all monies from the special account.

 

(h)        “Waive” means to defer or to put aside.

 

(i)         “Condition of parole” means a condition imposed by the Board of Parole on a parolee to adhere to.

 

Modified, 1 CMC 3806(f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-015   Applicability

 

This shall be made applicable to all parolees on supervision prior to and after the effective date of the procedures in this chapter and pursuant with Public Law 14-33 [6 CMC §§ 4281-4288].

 

Modified, 1 CMC 3806(d), (f), (g).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

Commission Comment: The Commission inserted the word “Law” after “Public” to correct a manifest error.

 

Part 100 -       Parole Supervision Fee Requirements

 

§ 115-20-101   Supervision Fee

 

There is hereby established by this chapter and in accordance with Public Law 14-33 [6 CMC §§ 4281-4288], a monthly supervision fee of thirty U.S. dollars to be imposed, as a condition of parole, to all parolees in the CNMI including but not limited to parolees currently on supervision prior to and after the effective date of this chapter.

 

Modified, 1 CMC 3806(d), (e), (f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-105   Due Date

 

All fees not otherwise waived are to be collected on the first working day of each month following the effective date of this chapter.

 

Modified, 1 CMC 3806(d).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-110   Notice

 

All parolees currently on parole supervision prior to and after the effective date of this chapter and in accordance with Public Law 14-33 [6 CMC §§ 4281-4288] shall be immediately notified of the imposition of the supervision fee as a condition of their parole. Notice shall be provided in the form of copies of the regulations in this chapter being provided to each parolee now under supervision.

 

Modified, 1 CMC 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-115   Waiver of Fees

 

At the request of a parolee or duly authorized official of the Board of Parole, the Board of Parole may, in its sole discretion, waive all or part of a parolee’s supervision fee. Factors that the Board may consider include the following:

 

(a)        A licensed physician has certified that the parolee is physically and mentally disabled and is recommended by such physician that parolee is unable to be employed;

 

(b)        Is unable due to his/her criminal background and only when all attempts and means have been made and exhausted by the parolee to secure employment;

 

(c)        Is currently enrolled in a school, college, university, trades school, etc. as a full-time student;

 

(d)       Is undergoing full-time treatment at a mental health facility or other residential facilities as an in-patient; and

 

(e)        Such fee would be detrimental to the welfare of the parolee’s family.

 

(f)        Such fee is otherwise found to be appropriately waived for such reasons as may be specified by the Board.

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-120   Community Work Service

 

In lieu of supervision fees, parolees may request to perform community work service of 8 hours per month for the duration of his/her parole tenure. However, a parolee who has been determined able to pay such fees, shall be required to make such payments.

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-125   Condition of Parole

 

Pursuant with Public Law 14-33 [6 CMC §§ 4281-4288], such supervision fee must be imposed on all parolees including those currently on parole and shall be a condition of their parole or and in accordance with this chapter and Public Law 14-33.

 

Modified, 1 CMC 3806(d).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

Part 200 -       Miscellaneous Provisions

 

§ 115-20-201   Severability Provision

 

If any provision, or the applicability of any provision of the rules and regulations in this chapter shall be held invalid by a court of competent jurisdiction, the remaining of these rules and regulations shall not be affected thereby.

 

Modified, 1 CMC 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-205   Savings Clause

 

The rules and regulations in this chapter and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this chapter shall not affect any proceeding instituted under or pursuant with prior law. The enactment of these rules and regulations shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date the rules and regulations in this chapter become effective.

 

Modified, 1 CMC 3806(d), (f).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

§ 115-20-210   Effective Date

 

The rules and regulations in this chapter shall become effective upon their publication in the Commonwealth Register and the announcement having expired without comments or changes made therein.

 

Modified, 1 CMC 3806(d), (f), (g).

 

History: Adopted 27 Com. Reg. 24626 (June 20, 2005); Proposed 27 Com. Reg. 24103 (Mar. 17, 2005).

 

Commission Comment: The Commission changed “Commonwealth Registrar” to “Commonwealth Register” to correct a manifest error.