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  Rules of Construction

§ 115-10-010  Definitions

 

Part 100          Administration

§ 115-10-101  Chair of the Board of Parole

§ 115-10-105  Chief Parole Officer

§ 115-10-110  Voting

§ 115-10-115  Attorney for the Board of Parole

 

Part 200          Eligibility and Criteria for Granting Parole

§ 115-10-201  Eligibility

§ 115-10-205  Application

§ 115-10-210  Criteria

§ 115-10-215  Criminal Charges Not Resulting in Conviction

 

Part 300          Applicant Information

§ 115-10-301  Notice

§ 115-10-305  Disclosure and Presence at Hearing

§ 115-10-310  Applicant Presentation of Documents

§ 115-10-315  [Reserved]

§ 115-10-320  [Reserved]

 

Part 400          Board of Parole Hearings

§ 115-10-401  Public Comments in Individual Cases

§ 115-10-405  Victims, Offenders, Next of Kin, and Immediate Family Members at Consideration Hearings

§ 115-10-410  Prosecutor Participation

§ 115-10-415  Media Participation

§ 115-10-420  Applicant’s Version of Events

§ 115-10-425  Insufficient Information

§ 115-10-430  Impartial Hearing Panel

§ 115-10-435  Assistance in Preparing for Hearing

§ 115-10-440  Americans with Disabilities Act

§ 115-10-445  Filing a Grievance

§ 115-10-450  Processing a Grievance

§ 115-10-455  Postponements and Continuances

§ 115-10-460  Record of Hearing

§ 115-10-465  Written Statement of Decision

§ 115-10-470  Representation by Attorney

§ 115-10-475  Board of Parole Shall Direct Hearing

 

Part 500          Hearing Procedures

§ 115-10-501  Initial Parole Hearing

§ 115-10-505  Subsequent Parole Hearings

§ 115-10-510  Hearings for Applicants with New Criminal or Disciplinary Charges Pending

§ 115-10-515  Hearings for Applicants with Change in Legal Status

 

Part 600          Release

§ 115-10-601  General

§ 115-10-605  Notice and Conditions of Parole

 

 

 

 

 

Part 700          Parole Supervision

§ 115-10-701  Notice of Parole

§ 115-10-705  General Conditions of Parole

§ 115-10-710  Special Conditions of Parole

§ 115-10-715  Petition for Change of Conditions of Parole

§ 115-10-720  Length of Parole

 

Part 800          Parole Violations

§ 115-10-801  General

§ 115-10-805  Violations

§ 115-10-810  Investigation

§ 115-10-815  Parole Violation Report

§ 115-10-820  Supplemental Parole Violation Reports

§ 115-10-825  Recommendations

 

Part 900          Parole Revocation

§ 115-10-901  Parole Hold Policy

§ 115-10-905  Emergency Hold

§ 115-10-910  Emergency Parole Hold Procedural Time Period

§ 115-10-915  Preliminary Hearing

§ 115-10-920  Probable Cause Determination and Notification of Revocation

§ 115-10-925  Warrants

 

Part 1000        Revocation Hearing Procedure

§ 115-10-1001  Waiver of Hearing

§ 115-10-1005  Prehearing Procedure

§ 115-10-1010  Parolee Rights

§ 115-10-1015  Revocation Hearing Procedure

§ 115-10-1020  Disposition

 

Part 1100        Evidence

§ 115-10-1101  Generally

§ 115-10-1105  Documentary Evidence

§ 115-10-1110  Physical Evidence

§ 115-10-1115  Witnesses

§ 115-10-1120  Subpoenas

§ 115-10-1125  Criteria for Issuance of a Subpoena

§ 115-10-1130  Service of Subpoena

§ 115-10-1135  Obligation to Comply with Subpoena

§ 115-10-1140  Quashing a Subpoena

 

Part 1200        Clemency

§ 115-10-1201  Authority

§ 115-10-1205  Definitions

§ 115-10-1210  Notice

§ 115-10-1215  Procedure



Chapter Authority: 6 CMC § 4206.

 

Chapter History: 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: 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.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 213:

 

Section 213. Board of Parole.

 

(a)          The Board of Parole is allocated to the Office of the Special Assistant for Administration for purposes of administration and coordination. After the effective date of this section, appointments to the Board shall be made by the Governor with the advice and consent of the Senate.

 

(b)          Subsection (a) of 6 CMC § 4205, relative to probation, is repealed and succeeding subsections re-designated accordingly.

 

(c)          Section 4207 of 1 CMC is revised to read as follows:

 

§ 4207. Board of Parole: Staff.

 

The Special Assistant for Administration shall provide staff support to the Board, including a Probation Officer who shall have the power of arrest of persons under the jurisdiction of the Board.

 

(d)          Any existing staff of the Board of Parole is transferred to the Office of the Special Assistant for Administration.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

PL 11-8 § 6 (effective Apr. 8, 1998) repealed Executive Order 94-3 § 213 in its entirety. See the commission comment to 6 CMC § 4201.

 

The Board of Parole first promulgated rules and regulations in 1979. The history of the original 1979 regulations is shown in the history section above. In 1992, the Board promulgated revised rules and regulations that repealed the 1979 rules and regulations. See 14 Com. Reg. at 9820 (Oct. 15, 1992). The 2001 Board of Parole Rules and Regulations codified in this chapter completely revised the previous Board of Parole regulatory program and repealed the 1992 regulations. See § 115-10-501.

 

In 2015, the Board promulgated revised rules and regulations that repealed the 2001 rules and regulations and reenacted Chapter 115-10 as an entirely new regulatory scheme. See 37 Com. Reg. 36616 (June 28, 2015). The Commission rearranged the parts of the proposed rules and regulations to fit harmoniously in the code under 1 CMC §3806(b). Compare 37 Com. Reg. 36078–80 (Feb. 28, 2015) with NMIAC Chapter 115-10 Table of Contents. Part 001 in the proposed rules and regulations remained Part 001 in the code; Part 200 became Part 300; Part 400 became Part 200; Part 500 became Part 600; Part 600 became Part 700; Part 700 became Part 900; Part 800 remained Part 800; Part 900 became Part 1000; Part 1000 became Part 1100; Part 1100 became Part 100; Part 1200 remained Part 1200. The Commission numbered each section according to the rearranged scheme under 1 CMC §3806(a).

 

Part 001 - General Provisions

 

§ 115-10-001  Authority

 

The Board of Parole is authorized by 6 CMC § 4206 to adopt rules and regulations.

 

History: 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  Rules of Construction

 

The following rules of construction apply to the regulations contained in Chapter 115-10, except as otherwise noted:

 

(a)             The enumeration of some criteria for the making of discretionary decisions does not prohibit the application of other criteria reasonably related to the decision being made.

 

(b)            The order in which criteria are listed does not indicate their relative weight or importance.

 

(c)             “Inmate,” “prisoner,” or “parolee” applies to any person who is or has been committed to the custody of the Department of Corrections, including inmates, residents, parolees, and dischargees, regardless of that person's present status.

 

(d)            “Regulation” means rule or regulation.

 

(e)             “Shall” is mandatory, “should” is advisory, and “may” is permissive.

 

(f)             The past, present, or future tense includes the others.

 

(g)            The masculine gender includes the feminine gender; the singular includes the plural.

 

(h)            The time limits specified in these rules do not create a right to have the specified action taken within the time limits. The time limits are directory, and the failure to meet them does not preclude taking the specified action beyond the time limits.

 

Modified, 1 CMC § 3806(b), (d).

 

History: 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: This section was proposed as a single section including two subsections: Rules of Construction and Definitions. See 37 Com. Reg 36081-84 (Feb. 28, 2015). For a harmonious fit within the code, the Commission rearranged the section into §115-10-005 Rules of Construction and §115-10-010 Definitions. The Commission substituted “this division” with “Chapter 115-10.”

 

§ 115-10-010  Definitions

 

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

 

(a)             Agent. See Parole Agent.

 

(b)            Applicant. The person applying for parole.

 

(c)             Board. See Board of Parole Hearings.

 

(d)            Board Action. An official decision of the Board in an individual case.

 

(e)             Case Conference. A documented conference between a parole agent and his supervisor to discuss a parolee’s behavior.

 

(f)             Central File. A master file maintained by the Board of Parole containing records regarding each person committed to its jurisdiction.

 

(g)            Central Office Hearing Coordinator. The Board employee at the central office who is responsible for schedules, attorney appointments, and other services related to hearings.

 

(h)            Chairperson. Also referred to as the Chair or the Chairman. The Chairperson is the Chief member of the Board of Parole.

 

(i)              Chief Parole Officer. The Chief Parole Officer and expenditure authority for the Board of Parole.

 

(j)              Conditions of Parole. The specific conditions under which an applicant is released to parole supervision.

 

(k)            Criminal conduct. Conduct constituting a felony or misdemeanor under federal, state, or Commonwealth law.

 

(l)              Department. The Department of Corrections.

 

(m)          Director of Corrections. The administrative head of the Department of Corrections appointed by the Governor.

 

(n)            Dispositional Witness. A dispositional witness is one whose expected testimony provides information regarding the overall adjustment of the prisoner or parolee or other factors to be considered when rendering a disposition in a proceeding.

 

(o)            Disruptive Group. A disruptive group is defined as any gang other than a prison gang.

 

(p)            Effective Discharge Date. The effective discharge date is the latest date on which the jurisdiction of the Board over the individual expires.

 

(q)            Evidentiary Witness. An evidentiary witness is a person who perceived, reported on, or investigated an event material to the proceeding. An event material to a proceeding is an act or omission allegedly committed by the applicant or parolee which is a basis for the proceeding. An evidentiary witness is one whose expected testimony either supports or refutes an act or omission allegedly committed by the applicant or parolee.

 

(r)             Full Board. The Board members performing the function of meeting in public or executive session. At least five Board members must be present at a meeting and at least four members must participate when granting or revoking parole. Other acts of a preliminary or administrative nature may be performed by individual members or may be agreed upon by a majority vote.

 

(s)             Gang. A criminal street gang is defined as any formal or informal organization, association, or group of three or more persons having as one of its primary activities the commission of any criminal act or acts. A gang is also defined as a group having a common identifying sign or symbol, whose members individually or collectively engage in, or have engaged in, repetitive or escalating non-criminal activities which the Board determines to be a threat to public safety.

 

(t)              Good Cause. A finding by the Board based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.

 

(u)            Hearing. A proceeding at which evidence is received for use in deciding factual and dispositional questions.

 

(v)            Hearing Panel. One or more persons assigned to consider a case or make a decision.

 

(w)           Hold. A request by a department employee that a parolee be held in custody until further notice. A person under a parole hold is not eligible for bail.

 

(x)            Material Evidence. Evidence which has a substantial bearing on matters in dispute and legitimate and effective influence on the decision of a case.

 

(y)            Maximum Term. The longest statutory period of time a prisoner may remain under the jurisdiction of the Board.

 

(z)             Minimum Eligible Parole Date. The earliest date on which a prisoner may legally be released on parole.

 

(aa)          Parole Agent. An employee of the Board of Parole that has been assigned to supervise adult felons and released to the supervision of the Board of Parole.

 

(bb)         Parolee. A felon released from confinement in prison to supervision in the community.

 

(cc)          Parole Consideration Hearing. Any hearing at which an applicant’s parole suitability is considered including an initial parole hearing, subsequent hearing, and rehearing.

 

(dd)         Parole Hold. See Hold.

 

(ee)          Parole Violation. Conduct by a parolee which violates the conditions of parole or otherwise provides good cause for the modification or revocation of parole.

 

(ff)           Parole Violator. A parolee who is found to have violated parole and who may be reconfined.

 

(gg)         Prison Gang. A prison gang is defined as any gang which originated and has its roots within the Department of Corrections or any other prison system.

 

(hh)         Probable Cause. A state of facts as would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the charges are true.

 

(ii)            Relevant Evidence. Evidence which tends to prove or disprove an issue or fact in dispute.

 

(jj)            Revocation File. A file containing the documents pertinent to a particular revocation proceeding.

 

(kk)         Subpoena. A means to secure the attendance of a witness at a parole revocation or rescission hearing. It is an order directed to a person requiring that person’s attendance at a particular time and place to testify as a witness.

 

(ll)            Subpoena Duces Tecum. A means to secure the delivery of documentary evidence to parole revocation or rescission hearings, ordering that person to deliver documentary evidence at a particular time and place and testify about that evidence.

 

Modified, 1 CMC § 3806(b), (d), (f).

 

History: 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 subsection (b), the Commission changed the final semi-colon to a period to correct a manifest error.

 

PL 14-25 (effective Aug. 20, 2004), codified at 1 CMC §§ 2851-2883, created the Department of Corrections, a new executive department in the CNMI government. See PL 14-25 § 4 (§ 2801), codified at 1 CMC § 2851. The department is responsible for adult correctional services, civil detention, and adult offender detention in the Commonwealth and consists of three divisions, the Division of Civil Detention, the Division of Corrections and the Division of Pre-trial Detention. 1 CMC § 2853. PL 14-25 transferred all responsibility for correctional and detention functions from the Department of Public Safety (DPS) and the Office of the Attorney General’s (AGO) Division of Immigration to the newly created Department of Corrections. PL 14-25 § 2.

 

(a)             In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the language previously modified by the Commission. This section was proposed as a single section including two subsections: Rules of Construction and Definitions. See 37 Com. Reg 36081-84 (Feb. 28, 2015). For a harmonious fit within the code, the Commission rearranged the section into §115-10-005 Rules of Construction and §115-10-010 Definitions. The Commission substituted “this division” with “Chapter 115-10.” The Commission capitalized “board” in subsections (4), (7), (18), (20), and (25) for the purpose of conformity.

 

Part 100 - Administration

 

§ 115-10-101  Chair of the Board of Parole

 

(a)             The Chair of the Board of Parole may delegate any of his or her duties to any other member of the Board of Parole. Whenever such delegation is made, the members of the Board of Parole and the Chief Parole Officer shall be notified.

 

(b)            If the Chair has not delegated his or her authority and the Chair is incapacitated or cannot be contacted by the Chief Parole Officer, then the Chief Parole Officer may ask any member of the Board of Parole to perform any function normally reserved to the Chair.

 

(c)             In an emergency, the Chief Parole Officer may ask any member of the Board of Parole to perform any function normally reserved to the Chair.

 

(d)            If the Chief Parole Officer is unable to contact any member of the Board of Parole, then the Chief Parole Officer may take any action normally reserved to the Chair or a member of the Board of Parole. The Chief Parole Officer shall make a record of the emergency and the reasons for his or her actions. Any actions taken under this subsection must be reviewed by the Chair or a member of the Board of Parole within ten days of reestablishing contact. Upon review, the decisions by the Chief Parole Officer may be affirmed or reversed.

 

Modified, 1 CMC § 3806(b).

 

History: 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: With regard to the references to the Division of Corrections, see the commission comment to § 115-10-010.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the language referring to the Division of Corrections. The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 100 of this code was previously designated Part 1100 in the proposed rules and regulations. See 37 Com. Reg. 36116-18 (Feb. 28, 2015).

 

§ 115-10-105  Chief Parole Officer

 

The Chief Parole Officer is the senior parole officer and is required to manage and direct staff to accomplish the mandate of the Board of Parole. If necessary, the Chief Parole Officer may delegate any duty or function required of him or her by these regulations. If the Chief Parole Officer is incapacitated or cannot be contacted, then the Chair shall nominate a parole officer to fulfill the duties and functions of the Chief Parole Officer until the Chief Parole Officer is able to resume his or her position.

 

History: 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 subsection (a), the Commission changed “with whom inmate” to “with whom the inmate” to correct a manifest error.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the language previously modified by the Commission.

 

§ 115-10-110  Voting

 

(a)             Any Board member, the Chief Parole Officer, or Commonwealth resident, may place a topic for discussion and possible vote on the meeting agenda.

 

(b)            All votes not related to the grant or denial of parole shall be carried by a majority vote.

 

(c)             A minimum of four Board members must concur to grant or revoke parole. If there are less than four members capable of voting at a parole hearing, then the parole hearing will be continued to the next available hearing date.

 

(d)            Five Board members shall constitute a quorum.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-115  Attorney for the Board of Parole

 

The Attorney for the Board of Parole shall assist in hearings, the creation of forms or other legal documents, offer relevant advice, interpret the law, and perform any duties assigned to him or her by the Board of Parole or the Chief Parole Officer. The Chief Parole Officer or any Board member may ask the Attorney for the Board to research a matter of law relevant to the Board of Parole.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 200 - Eligibility and Criteria for Granting Parole

 

§ 115-10-201  Eligibility

 

(a)             In order to be eligible for a parole hearing before the Board of Parole an applicant must meet all of the following criteria:

(1)            Eligible under the laws governing parole;

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

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

(4)            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;

(5)            Understands and accepts that parole may be revoked at any time by the Board of Parole for violation of any of the terms and conditions of parole;

(6)            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

(7)            Is in compliance with all Court orders.

 

Modified, 1 CMC § 3806(b), (g).

 

History: 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: The Commission created the section titles in part 200.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the section titles created by the Commission. The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 200 of this code was previously designated Part 400 in the proposed rules and regulations. See 37 Com. Reg. 36096-36101 (Feb. 28, 2015). The Commission inserted “are” into subsection (a)(4) to correct a manifest typographical error.

 

§ 115-10-205  Application

 

(b)            Form of application and contents.

(c)             Application for parole shall be made on the form prescribed by the Board of Parole. An applicant desiring parole shall complete the application and shall complete a specific parole plan. The parole plan shall include details regarding the life the applicant intends to lead if released. The parole plan must include information describing the applicant’s proposed residence, who the applicant will be living with, a plan for employment or schooling, and if known, the employer’s name or place of business.

 

(d)            Application Processing

(1)            Once the completed application is submitted to the Board of Parole, the Chief Parole Officer shall have sixty days to process the application.

(2)            The Chief Parole Officer shall, during the sixty day processing period, review the applicant’s application for parole and the records available to the Board of Parole Office and shall make a determination as to whether or not the applicant has met the above eligibility criteria set forth in these regulations. If the applicant has met the eligibility criteria, as determined by the Chief Parole Officer, the applicant shall be eligible to appear at a hearing before the Board of Parole. If the applicant does not meet the eligibility criteria, as determined by the Chief Parole Officer, the applicant shall not be eligible to appear at a hearing before the Board of Parole until the applicant meets all eligibility criteria.

(3)            During processing, parole agents may request additional information and documents from the applicant. The applicant shall cooperate with the parole agent in the collection of additional information.

(4)            At the conclusion of the sixty day period, the Chief Parole Officer shall notify the applicant either:

(i)              That the applicant is eligible for a hearing before the Board of Parole and when the applicant can expect to be advised of the hearing date; or

(ii)            That the applicant is not currently eligible for parole. The Chief Parole Officer shall specify the criteria that the applicant has failed to meet.

(5)            If an applicant is not eligible for parole, the applicant may reapply when the applicant becomes eligible for parole.

(6)            If an applicant is not eligible, or if the applicant’s application is withdrawn by the applicant for any reason, the Board of Parole Office shall have an additional sixty days to process the application upon resubmission.

 

(e)             Hearings Calendar

(1)            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.

 

History: 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).

 

§ 115-10-210  Criteria

 

(a)             Suitability determination.

(b)            Applying the criteria in this section, the hearing panel shall first determine whether the applicant is unsuitable for parole. If the applicant is found unsuitable, parole shall be denied. If parole is denied, then the hearing panel shall determine when the applicant may reapply for parole.

 

(c)             Factors for determining suitability for parole.

(d)            In determining whether the applicant is unsuitable for parole the hearing panel shall consider factors which affect the severity of the offense and the risk of danger to society if the applicant were released. Examples of factors indicating the applicant is unsuitable for parole include:

(1)            A history of violent attacks.

(2)            A history of forcible sexual attacks on others.

(3)            A persistent pattern of criminal behavior and a failure to demonstrate evidence of a substantial change for the better.

(4)            The presence of a psychiatric or psychological condition related to the applicant’s criminality which creates a high likelihood that new serious crimes will be committed if released.

(5)            The refusal to accept responsibility for his or her crime.

 

(e)             Specific Aggravating Factors.

(f)             Aggravating circumstances are those which relate solely to the commitment offense and tend to increase the seriousness of the offense. Examples of specific aggravating circumstances by offense include:

(1)            Homicide.

(i)              Multiple victims.

(ii)            Method of killing vicious in nature where suffering is deliberately inflicted.

(2)            Violence Against a Person.

(i)              Extent of injury, such as injury which caused permanent loss of body organ or limb; created long standing serious medical or psychiatric problems; or required extensive hospitalization.

(ii)            Manner of infliction, such as a vicious assault continuing after victim incapacitated or prolonged torture.

(iii)          Injury to peace officer intended to prevent performance of his duty.

(3)            Sexual Offenses.

(i)              Physical harm, such as injuries which required hospitalization or extensive medical treatment or injuries which were inflicted beyond accomplishing the sexual act.

(ii)            Psychological harm, such as a victim forced to participate in front of family or friends; lack of concern for unusual condition of victim such as age, pregnancy, or physical disability; or the offense was committed in a manner that might increase the likelihood of psychological harm.

(4)            Property Crimes with Threat to Persons.

(i)              Extent of force or threat, such as force or threat exceeded what was necessary to accomplish act or force or threats continued after property was acquired.

(ii)            Systematic in nature, such as the planning indicates the crime was a part of a larger criminal scheme or organization; the crime was part of a large scale effort to disrupt business or safety; or the crime was done for hire.

(5)            Crimes Against Property.

(i)              Harm to victim, such as a victim left destitute or suffers substantial losses; a victim physically or sexually abused in course of offense.

(ii)            Systematic in nature, such as when the crime is part of a complex scheme or criminal network or is repeatedly practiced on unsophisticated victims.

(6)            Weapons Offenses.

(g)            Potential for harm, such as bringing a weapon into an institution by a person with privileged access; bringing a weapon into an institution as part of a plan for escape or injury; possession or manufacture of bombs or weapons by an organization planning injury or destruction; or possession of a firearm by an ex-felon where the circumstances indicate the great likelihood of further criminal use or actual criminal use.

(1)            Drugs.

(h)            Size and scope of operation, such as an extensive volume of drugs or the manufacture of drugs with professional chemical equipment.

(1)            Family Offenses.

(i)              Act resulted in prolonged hospitalization, deformity, or disfigurement.

(ii)            Act was repeated over a prolonged period of time.

(iii)          Victim was totally defenseless.

(iv)          Other family members forced to witness abuse.

(2)            Escape Offenses.

(i)              Extent of violence or threat used to escape.

(1)            Miscellaneous Offenses.

(j)              Harm and scope of operation such as perjury meant to seriously injure another’s life or liberty; the act seriously undermines the integrity of the governmental process or faith therein or otherwise is an abuse of a fiduciary position; a conspiracy as part of a large scale criminal operation.

 

(k)            Specific Mitigating Circumstances.

(l)              Mitigating factors are those which relate solely to the commitment offense and which tend to lessen the seriousness of the offense, including circumstances in mitigation which do not amount to a full legal defense.

(m)          Examples of mitigating circumstances by offense include:

(1)            Violence (including homicide).

(i)              Provocation by victim such as verbal threats by victim or physical harassment by victim.

(ii)            Elements of self-defense, for example the victim was armed or had a great physical advantage.

(iii)          Motivation such as whether the violence was not foreseeable or was due to unique circumstances not likely to recur.

(iv)          Battered Woman Syndrome. At the time of the commission of the crime, the applicant suffered from Battered Woman Syndrome and it appears the criminal behavior was the result of that victimization.

(2)            Property Offenses.

(i)              Economic need not likely to recur.

(ii)            Relatively small actual losses involved.

(iii)          Any restitution made.

(3)            Escape.

(i)              Escapee has been threatened or assaulted or is in fear for his life.

(ii)            Escapee’s family has been assaulted or threatened and escapee fears for their safety.

(4)            Forgiveness.

(i)              Applicant has sought forgiveness from victims and injured parties.

(ii)            Applicant has received forgiveness from victims and injured parties.

(iii)          Applicant has paid restitution, if any, to victims and injured parties.

(5)            Lack of criminal history.

 

Modified, 1 CMC § 3806(d), (f).

 

History: 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: The Commission capitalized the word “against” in subsection (c)(2) for the purpose of conformity. Commission replaced the term “subsection” with the term “section” in subsection (a) to reflect the code’s structure.

 

§ 115-10-215  Criminal Charges Not Resulting in Conviction

 

(a) No Conviction.

Criminal charges not resulting in conviction (charges which resulted in acquittal or dismissal for any reason) shall not impact the parole decision unless the factual circumstances surrounding the charge are reliably documented and are an integral part of the crime for which the applicant is currently committed to prison.

 

(b) Conviction.

Criminal charges resulting in conviction but not commitment to prison (such as convictions upon which sentencing was suspended or stayed) may be considered as part of the individual’s criminal history or as an integral part of the circumstances of an offense for which the applicant is currently committed to prison.

 

(c) Victims of applicant will be permitted to testify.

The Board may consider testimony from individuals that claim to be victims of the applicant, even if the applicant was not charged or convicted for the alleged crimes.

 

History: 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 - Applicant Information

 

§ 115-10-301  Notice

 

The applicant shall be notified as soon as possible of the hearing date. Board staff shall provide notification of the hearing.

 

Modified, 1 CMC § 3806(b).

 

History: 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: The Commission created the section titles in part 300.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the section titles created by the Commission. The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 300 of this code was previously designated Part 200 in the proposed rules and regulations. See 37 Com. Reg. 36094-95 (Feb. 28, 2015).

                                                                                           

§ 115-10-305  Disclosure and Presence at Hearing

 

(a) Review of Documents.

The applicant is entitled to review non‑confidential documents in the department central file. The applicant is responsible for complying with department procedures for review of the documents and for making his request sufficiently early to permit his review of the documents at least ten days before the parole hearing. The applicant shall have the opportunity to enter a written response to any material in the file.

 

(b) Right to be present at hearing.

The applicant has the right to be present at the hearing, to speak on his own behalf, and to ask and answer questions. An applicant refusing to attend the hearing shall be advised that a decision may be made without his presence.

 

Modified, 1 CMC § 3806(a), (g).

 

History: 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: The Commission replaced the numerals “10” in subsection (a) with the spelled form of the number.

 

§ 115-10-310  Applicant Presentation of Documents

 

(a) Relevant Documents.

The applicant shall have the right to present relevant documents to the hearing panel. The documents should be brief, pertinent, and clearly written. The following documents are always relevant:

(1)            Documents tending to show mitigating circumstances;

(2)            Documents tending to prove or disprove any disputed fact;

(3)            Documents related to release planning.

 

(b) Documents to be placed in file.

A copy of any submitted document must be placed in the applicant's central file.

 

History: 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).

 

§ 115-10-315  [Reserved]

 

[Repealed.]

 

History: 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: By the Board of Parole’s adoption of new regulations at 37 Com. Reg. 36616 (June 28, 2015) this section was repealed, as stated at 37 Com. Reg. 36081 (Feb. 28, 2015). The Commission reserved this section for Board of Parole rules and regulations.

 

§ 115-10-320  [Reserved]

 

[Repealed.]

 

History: 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: By the Board of Parole’s adoption of new regulations at 37 Com. Reg. 36616 (June 28, 2015) this section was repealed, as stated at 37 Com. Reg. 36081 (Feb. 28, 2015). The Commission reserved this section for Board of Parole rules and regulations.

 

Part 400 - Board of Parole Hearings

 

§ 115-10-401  Public Comment in Individual Cases

 

Any person may submit information concerning any applicant or parolee. Written comments from the public shall be directed to the Chair of the Board who shall forward the comments to the applicant’s or parolee’s central file for the consideration of future hearing panels. The Board shall consider, in deciding whether to release an applicant on parole, all information received from the public.

 

Modified, 1 CMC § 3806(b), (f).

 

History: 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: The Commission created the section titles in part 400.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, replacing the section titles created by the Commission in their entirety. The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 400 of this code was previously designated Part 100 in the proposed rules and regulations. See 37 Com. Reg. 36084-94 (Feb. 28, 2015). The Commission capitalized “board” in the last sentence for the purpose of conformity.

 

§ 115-10-405  Victims, Offenders, Next of Kin, and Immediate Family Members at Consideration Hearings

 

(a) Notification from the Board.

Victims or, if the victim has died, the next of kin or immediate family members may, upon request to the Board of Parole, receive notification of any parole consideration hearing and review the setting of a parole date for any applicant, so that an opportunity to make a statement is afforded them. Any person requesting such notification shall provide the Board with their contact information and update it as necessary. The Board shall notify each such person who has informed it of his or her address at least thirty days prior to the hearing date. The Board is not responsible for providing notification if the Board has not been provided with up to date contact information for the person requesting notification.

 

(b) Notification and Appearance.

If there is insufficient time to consider the statements of all persons that wish to speak at a hearing, the next of kin, immediate family members, and friends of the victim and the applicant shall be entitled to address the Board in the following order:

(1)            spouse;

(2)            children;

(3)            parents;

(4)            siblings;

(5)            grandchildren;

(6)            grandparents;

(7)            friends and acquaintances.

 

(c) Information Required – Speaking Time

All persons making a statement to the Board shall identify their relation to the victim or the offender. The victim, or the person speaking on the victim’s behalf, will be shown the utmost respect and will not have the time for his or her statement limited because of the number of persons attending the hearing. The remaining individuals speaking for or against the parole of the offender shall receive substantially equal time to make a statement.

 

(d) Representation by Counsel.

The victim, next of kin, or immediate family members may appear personally or be represented by counsel. If counsel and client both attend the hearing, the person will not receive additional time to make a statement or address the panel.

 

(e) Support Persons.

Victims, next of kin, or immediate family members attending hearings may be accompanied at all times by a support person of his or her own choosing who shall not participate in the hearing nor make comments while in attendance.

 

(f) Audio or Video Tapes.

In lieu of personal appearance, any victim, next of kin, or immediate family member may submit an audio or video statement to the Board of Parole thirty days before the hearing for consideration by the hearing panel. The audio or video recording shall be placed in the applicant’s central file. The person submitting the recording may request at the time of any subsequent hearing that the Board reconsider the recording so that multiple recordings need not be submitted to the Board of Parole. No recording made by a victim shall exceed fifteen minutes, except by preapproval of the Chair of the Board of Parole. Any recording submitted by a next of kin or immediate family member shall not exceed ten minutes, except by preapproval of the Chair of the Board of Parole.

 

(g) Control of Hearings.

The Board of Parole shall regulate parole hearings to ensure order, security, and the right to privacy protected by the Commonwealth Constitution. As such, the Board may assign seating, remove any person that creates a disturbance, or take any other action necessary to proceed with the parole hearing.

 

Modified, 1 CMC § 3806(g), (f).

 

History: 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: The Commission replaced the numerals “30” in subsection (a) with the spelled form of the number. The Commission capitalized “board” in subsections (b) and (f) for the purpose of conformity.

 

§ 115-10-410  Prosecutor Participation

 

(a)             Hearings in Which Prosecutors May Participate.

(1)            General.

Except as otherwise provided in this section, the Board of Parole may permit a representative of the office which prosecuted the applicant or parolee to participate in any Board hearing.

 

(b)            Notification Requirements.

Notice that a hearing will be held shall be given to the prosecutor at least thirty days before the hearing when possible. Notice to the Office of the Attorney General shall be sufficient for notice to the prosecutor. If the prosecutor wishes to participate in the hearing he shall, at least two weeks before the hearing, notify the Board of Parole that a representative will attend. The applicant or applicant’s attorney shall be notified that a prosecutor will attend.

 

(c)             Prehearing Procedures.

The prosecutor may review the applicant’s central file and submit any relevant documents including the Appellant's and Respondent's Statements of the Case and Statements of Facts filed in any appeal that may have been taken from the judgment. Any information which is not already available in the central file shall be submitted in writing to department staff not later than ten days before the hearing. Failure to submit new information as provided in this section may result in exclusion of the information at the hearing.

 

(d)            As soon as administratively feasible parole staff shall forward to the applicant or his attorney copies of any documents submitted by the prosecutor.

 

(e)             Hearing Procedures.

(1)            Procedures. The presiding hearing officer shall specify the hearing procedures and order in which testimony will be taken. The hearing officer shall ensure throughout the hearing that unnecessary, irrelevant, or cumulative oral testimony and statements are excluded.

(2)            Role of the Prosecutor. The role of the prosecutor is to comment on the facts of the case and present an opinion about the appropriate disposition. In making comments, supporting documentation in the file should be cited.

 

Modified, 1 CMC § 3806(g).

 

History: 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: The Commission replaced the numerals “30” in subsection (b) with the spelled form of the number.

 

§ 115-10-415  Media Participation

 

(a) Introduction

The Board of Parole is responsible for ensuring the fair and equal administration of the parole process. To guarantee each person their right to participate in a parole hearing, the Board of Parole must maintain order in its hearings and make sure that all persons feel free to participate. Photographing, recording, and broadcasting of hearings may be permitted as provided in this section.

 

(b) Definitions

As used in this rule:

(1)            “Media coverage” means any photographing, recording, or broadcasting of administrative proceedings by the media using television, radio, photographic, or recording equipment.

(2)            “Media” or “media agency” means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, in-house publication, professional journal, or other news-reporting or news-gathering agency.

(3)            “Photographing” means recording a likeness, regardless of the method used, including by digital or photographic methods.

(4)            “Recording” means the use of any analog or digital device to aurally or visually preserve Board of Parole hearings. As used in this section, recording does not include handwritten notes on the hearing.

(5)            “Broadcasting” means a visual or aural transmission or signal, by any method, of a parole hearing, including any electronic transmission or transmission by sound waves.

 

(c) Photographing, recording, and broadcasting prohibited

Except as provided in this rule, Board of Parole hearings may not be photographed, recorded, or broadcast.

 

(d) Personal recording devices

The Chair may permit inconspicuous personal recording devices to be used by persons in a hearing to make sound recordings of their own personal notes of the proceedings. A person proposing to use a recording device to record their own personal notes must obtain advance permission from the Chair. The recordings must not be used for any purpose other than recording personal notes. The recording device shall not be used to record the parole hearing.

 

(e) Media coverage

Media coverage at a parole consideration hearing may be permitted only by a majority vote of the hearing panel to allow media coverage upon review of a properly submitted request. The Board of Parole may permit, refuse, limit, or terminate media coverage at any time during the hearing.

 

Media coverage at all hearings discussing the administration of the Board of Parole shall be permitted. The media will not be required to submit a request to provide media coverage of a hearing on the administration of the Board of Parole.

 

(1)            Request for order

The media may make a written request for permission to provide media coverage at a Board of Parole hearing. The request must be filed at least ten calendar days before the portion of the proceeding to be covered unless good cause is shown. Board of Parole staff must promptly notify the parties that a request has been filed.

 

(2)            Decision upon request.

In ruling on a request for media coverage at a parole consideration hearing, the Chair and the Board of Parole must consider the following factors:

(i)              The impact of media on the victim, the victim’s family, and the victim’s friends;

(ii)            The importance of promoting public access to a hearing;

(iii)          The parties’ support of or opposition to the request;

(iv)          The nature of the case;

(v)            The Constitutional right to privacy afforded to all participants in the proceeding, including witnesses and victims;

(vi)          The effect on any minor who is a party, prospective witness, victim, or other participant in the proceeding;

(vii)        The effect of coverage on the willingness of witnesses to cooperate, including the risk that coverage will engender threats to the health or safety of any witness;

(viii)      The security and dignity of parole hearing;

(ix)          The maintenance of the orderly conduct of the proceeding; and

(x)            Any other factor the Board of Parole deems relevant.

(3)            Order permitting media coverage

The decision on the request to permit media coverage will be reduced to writing after the hearing. Each media agency is responsible for ensuring that all its media personnel who cover Board proceedings know and follow the provisions of this rule.

(4)            Prohibited coverage

The Board of Parole may not permit media coverage of the following:

(i)              Proceedings held in executive session;

(ii)            Conferences between an attorney and a client, witness, aide, or between attorneys;

(iii)          Any witness that invokes their Constitutional right to privacy;

(iv)          Any person attending the hearing that invokes their Constitutional right to privacy.

(5)            Equipment and personnel

The Chair or any Board of Parole member may specify the placement of media personnel and equipment to permit reasonable media coverage without disruption of the proceedings.

(6)            Normal requirements for media coverage of proceedings

Unless the Chair in his or her discretion orders otherwise, the following requirements apply to media coverage of parole hearings:

(i)              Cameras and photographers may be limited as necessary.

(ii)            The equipment used may not produce distracting sound or light.

(iii)          Microphones and wiring must be unobtrusively located in places approved by a Board member and must be operated by one person.

(iv)          Operators may not move equipment or enter or leave the hearing while the hearing is in session, or otherwise cause a distraction.

(7)            Sanctions

Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the Board of Parole and may form the basis for an order terminating media coverage or an order imposing monetary or other sanctions as provided by law. The Board of Parole may sanction a media agency or person up to $500 for violation of this section and may restrict that agency or person’s eligibility to record future hearings. If a recording is made in violation of this section, then the Board of Parole may require that the recording be destroyed or surrendered to the Board of Parole. The Board of Parole may issue a fine of up to $10,000 for the intentional dissemination of a recording made in violation of this section.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: 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: The Commission renumbered subsection (e)(6)(v) to (e)(7). The Commission replaced the term “subsection” with the term “section” in subsections (a), (b)(4), and (e)(7) to reflect the code’s structure. The Commission capitalized “board” in subsection (e)(6)(iii) for the purpose of conformity. The Commission replaced a period with a semi-colon at the end of subsection (e)(4)(iii) to correct a manifest typographical error.

 

§ 115-10-420  Applicant’s Version of Events

 

The Board shall not require an admission of guilt to any crime for which the applicant was committed. An applicant may refuse to discuss the facts of the crime in which instance a decision shall be made based on the other information available. Written material submitted by the applicant relating to personal culpability shall be considered.

 

Modified, 1 CMC § 3806(f).

 

History: 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 subsection (a)(2), the Commission changed the period after “community” to a semi-colon to correct a manifest error.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the language previously modified by the Commission. The Commission capitalized “board” for the purpose of conformity.

 

§ 115-10-425  Insufficient Information

 

If, during a parole hearing, the hearing panel determines there is insufficient information available to determine any relevant or necessary fact, the hearing panel may continue the hearing until the next Board of Parole hearing. Appropriate staff shall be instructed to obtain the specific information which is needed as soon as possible. The applicant is entitled to review this information at least ten days before the rescheduled hearing.

 

Modified, 1 CMC § 3806(g).

 

History: 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: The Commission replaced the numerals “10” with the spelled form of the number.

 

§ 115-10-430  Impartial Hearing Panel

 

(a)             Impartial Panel.

All applicants are entitled to a hearing by an impartial panel. An applicant may request the disqualification of a hearing panel member or a hearing panel member may disqualify himself. Unless good cause is shown, any request for disqualification must be made at least ten days prior to the parole hearing.

 

(b)            Grounds for Disqualification.

A hearing panel member shall disqualify himself in the following circumstances:

(1)            A close personal or familial relationship exists between the hearing panel member and the applicant or the victim.

(2)            A close personal relationship between the hearing panel member and the family of the applicant or the victim.

(3)            The hearing panel member was involved in a past incident with the applicant which might cause him to be prejudiced against the applicant; for example, the hearing panel member was responsible for the arrest of the applicant or the applicant has assaulted the hearing panel member or a member of the hearing panel member's family.

(4)            The hearing panel member is actually prejudiced against or biased in favor of the applicant to the extent that he cannot make an objective decision.

(5)            The hearing panel member believes that, regardless of actual prejudice, there may be an appearance of impropriety if the panel member participates in the hearing.

 

(c)             Decision.

The hearing panel shall consider the request for disqualification and document the decision on disqualification if the issue has been raised. Disqualification shall not occur solely because the hearing panel member knew the applicant in the past, is remotely related to the applicant, or has made a decision in the past affecting the applicant. Any panel member may disqualify himself or herself on their own motion.

 

(d)            Procedure.

If a request for disqualification is made, then the hearing panel must vote on the request. A hearing panel member that has not voluntarily disqualified himself may only be disqualified by a majority vote of the hearing panel. The hearing panel member that is the subject of the disqualification vote may not vote on their own disqualification.

 

Modified, 1 CMC § 3806(g).

 

History: 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: The Commission replaced the term “him” with “himself” in subsection (c) to correct a manifest clerical error.

 

§ 115-10-435  Assistance in Preparing for Hearing

 

(a)             Assistance to be Provided.

An applicant who is unable to effectively communicate with the hearing panel due to language difficulties or a physical or mental defect shall be provided with appropriate assistance during the hearing. Department staff shall arrange for the necessary assistance prior to the hearing. If assistance has not been arranged and appears necessary during the hearing, the hearing panel shall request department staff to provide assistance and continue the hearing to another date if necessary.

 

(b)            Any person requiring accommodation must inform the Board of Parole no later than ten days prior to the hearing.

 

History: 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: The Commission changed “parolee” to “parolee’s” to correct a manifest error.

 

In 2015 this section was repealed and reenacted in accordance with the history listed above, entirely replacing the language previously modified by the Commission.

 

§ 115-10-440  Americans with Disabilities Act

 

(a)             Compliance with Americans with Disabilities Act.

No qualified individual with a disability as defined in 42 U.S.C. § 12102 shall, by reason of such disability, be excluded from participation in, or be denied the benefits of, the services, programs or activities of the Board, or be subject to discrimination by the Board.

 

(b)            Grievance Allowed.

Any applicant or parolee who believes that he or she is an individual with a qualifying disability, and believes that he or she has been denied reasonable accommodation by the Board, may grieve that denial in accordance with § 115-10-445.

 

Modified, 1 CMC § 3806(c), (f).

 

History: 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: The Commission changed “SECTION 12” to “§ 115-10-445” to agree with the renumbering of sections. The Commission capitalized the word “board” in subsections (a) and (b) for the purpose of conformity.

 

§ 115-10-445  Filing a Grievance

 

The applicant or parolee has the following responsibility in filing any grievance:

 

(a)             Contents of the Grievance.

(1)            The grievance shall include the name, birth date, and social security number of the applicant or parolee.

(2)            The grievance shall be brief, pertinent, legible, and clearly written.

(3)            Specific grounds, relating to Americans with Disabilities Act issues only, must be clearly stated and all necessary documents and information must be attached to the application.

(4)            All grounds must be included in the same grievance.

(5)            The decision desired must be stated.

(6)            The application shall not exceed ten pages of 8 and 1/2 by 11 inch paper.

 

(b)            Assistance.

Assistance in preparing the grievance may be sought from staff of the Board of Parole or any other person.

 

(c)             Submitting the Grievance.

Grievances shall be submitted within a reasonable amount of time to the Board of Parole.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-450  Processing a Grievance

 

(a)             Timeframes.

The Chair of the Board of Parole shall ensure that a grievance meeting the requirements of § 115-10-445 be answered within thirty calendar days of receipt by the Board of Parole.

 

(b)            Board Actions. The Board may take any of the following actions when answering a grievance:

(1)            Order a New Hearing.

Place the matter directly on the appropriate calendar if the denial of the requested accommodation violated the applicant or parolee's due process or disability rights to access the parole proceeding. Reasons for this action shall be stated.

(2)            Deny.

Deny the grievance if the decision denying the accommodation was harmless or the decision was reasonable under the circumstances of the case. The decision shall document the reasons for denial and include specific citation of policy when applicable.

(3)            Dismiss.

Dismiss the grievance if the Board has no jurisdiction over the issues being grieved, if the grievance is premature, or if the grievance was filed more than ninety days after the applicant or parolee received written confirmation of the decision denying the accommodation.

 

(c)             Exhaustion of Administrative Remedies.

Administrative remedies with the Board are exhausted after the applicant or parolee has filed a grievance as specified in § 115-10-445 and the Board has taken action on the grievance or failed to respond within thirty days of receiving the grievance.

 

Modified, 1 CMC § 3806(c), (g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 12” to “§ 115-10-445” to agree with the renumbering of sections. The Commission changed a period to a colon at the end of subsection (b) to correct a manifest typographical error. Commission Comment: The Commission replaced the numerals “30” in subsection (a) and “90” in subsection (b)(3) with the spelled forms of the numbers.

 

§ 115-10-455  Postponements and Continuances

 

(a)             General.

The rights and interests of all persons properly appearing before the Board of are best served when hearings are conducted as scheduled. Occasional circumstances may require the delay of a scheduled hearing. It is the intention of the board to recognize the need and desirability to occasionally delay a scheduled hearing and to authorize said delays through a process of voluntary waiver or stipulation of unsuitability or to postpone or continue a scheduled life parole consideration hearing.

 

(b)            Postponements.

(1)            Postponement upon motion – When necessary

The Chair may postpone a parole hearing, upon its own motion or at the request of an applicant, due to the unavailability of a hearing panel; the absence or untimeliness of required Board notices, documents, reports or required prisoner accommodations; or exigent circumstances such as illness of attending parties, natural disasters or institutional emergencies.

(2)            Postponement upon request by applicant.

An applicant may request that the Board postpone a parole hearing to resolve matters relevant to his or her parole. The Board may grant a postponement only upon the affirmative showing of good cause on the part of the applicant and only if the applicant did not and could not have known about the need for the postponement earlier than when he or she made the postponement request. Good cause is an applicant’s excused inability to obtain essential documents or other material evidence or information despite his or her diligent efforts.

(3)            Reschedule postponed hearing.

A postponed hearing shall be rescheduled at a date consistent with resolution of the issue causing the postponement, the need to provide notice to affected parties, and panel availability.

(4)            Notice of postponement required.

If a postponement is granted during the week of the scheduled hearing, the Board shall give the prosecutor, and the victim, the victim’s next of kin, members of the victim’s immediate family and two victim’s representatives the opportunity to give a statement on the record. Exercising this option will not preclude the speaker from making a statement at subsequent parole consideration hearings. This statement shall be made available for consideration by subsequent hearing panels. If statements are taken, a transcript shall be made and a copy provided to the applicant.

 

(c)             Continuance.

After the commencement of a parole hearing, the hearing panel may continue a hearing only upon a showing of good cause which was unknown, and could not reasonably have been known by the party requesting the continuance, prior to the commencement of the hearing.

(1)            Consideration of Continuance.

In considering a continuance, the hearing panel shall weigh the reasons and the need for the continuance and any inconvenience to the Board and any parties or witnesses appearing at the hearing.

(2)            Same Panel.

If a parole hearing is continued, the Board shall attempt to impanel the same panel members when the hearing is reconvened. However, the Board may, in its discretion, reconvene a new panel and commence a new hearing.

(3)            Statement on the record allowed.

In the event of a continuance, the prosecutor and the victim, victim’s next of kin, members of the victim’s immediate family and two victim’s representatives may elect to give a statement on the record before the hearing is continued, in lieu of giving a statement when the hearing resumes. This statement shall be made available to subsequent hearing panels.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission capitalized the word “board” in subsections (b)(1)–(2) for the purpose of conformity.

 

§ 115-10-460  Record of Hearing

 

A record (a verbatim transcript, tape recording, or written summary) shall be made of all hearings. The record of the hearing shall include or incorporate by reference the evidence considered, the evidence relied on, and the findings of the hearing panel with supporting reasons.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-465  Written Statement of Decision

 

Every applicant shall receive a copy of the Board’s decision. If the applicant was represented by an attorney, then the Board will deliver the decision to the applicant’s attorney.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-470 Representation by Attorney

 

An applicant or parolee may be represented by an attorney at any relevant Board of Parole hearing.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-475 Board of Parole Shall Direct Hearing

 

The Board of Parole may question witnesses or require the production of evidence relevant to a hearing. The attorney advising the Board of Parole may participate in the hearing and assist the Board of Parole as requested. The Board of Parole shall conduct hearings as fact finders to determine the truth of any allegation of parole violation, the best interests of the community, the best interests of the victim(s), suitability for parole, or any other issue relevant to the Board’s decision.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 500 - Hearing Procedures

 

§ 115-10-501  Initial Parole Hearing

 

(a) Decision.

After the panel has made its decision, the applicant shall receive a written copy of the decision. If the panel’s decision is to grant parole, the proposed decision shall state the date of release, the conditions which must be met in order to be released, and the consequences of a failure to meet such conditions. If the panel decision is to deny parole, the proposed decision shall state that parole has been denied and when the applicant may file a new petition for parole.

 

(b) Multiple Year Denials.

The Board of Parole may deny parole and prohibit further applications for parole for up to five years at a time. In cases in which the panel denies a subsequent parole hearing for more than one year, the Board shall make specific written findings stating the bases for the decision to defer subsequent hearings for two, three, four, or five years. If the board defers a hearing for four or five years, the applicant's central file shall be reviewed by the Chair of the Board of Parole after three years. Notwithstanding the deferral of future hearings, the Chair may direct that a parole hearing be scheduled for the applicant at the next available Board of Parole hearing. The Chair shall notify the applicant in writing of his or her decision after review.

 

Modified, 1 CMC § 3806(b).

 

History: 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: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 500 of this code was previously designated Part 300 in the proposed rules and regulations. See 37 Com. Reg. 36095-96 (Feb. 28, 2015).

 

§ 115-10-505  Subsequent Parole Hearings

 

Each applicant who was previously denied parole shall be reconsidered for parole in the same manner as at the initial parole hearing. The hearing panel shall consider the same information considered at the initial parole hearing and any information developed since the last hearing.

 

History: 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).

 

§ 115-10-510 Hearings for Applicants with New Criminal or Disciplinary Charges Pending

 

(a) Initial Parole Hearing and Subsequent Parole Hearing.

An applicant with new criminal or disciplinary charges pending prior to the initial parole hearing or subsequent parole hearing shall be scheduled for the hearing as provided as normal.

 

(b) Continuance Necessary.

If it is determined during the course of the hearing that a decision regarding parole cannot be made because of pending charges, the hearing panel shall continue the hearing to the next available Board of Parole hearing.

 

Modified, 1 CMC § 3806(f).

 

History: 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: The Commission capitalized the word “necessary” in the heading for subsection (b) for the purpose of conformity.

 

§ 115-10-515  Hearings for Applicants with Change in Legal Status

 

(a) Changes in Legal Status.

Changes in legal status include, but are not limited to: a final court decision altering the applicant’s commitment status, modification of the judgment or abstract of judgment, and new commitments.

 

(b) Before Initial Parole Hearing.

The change in legal status shall be considered at the initial parole hearing as regularly scheduled or as would be scheduled by the change in legal status.

 

(c) After Initial Parole Hearing.

If an applicant’s legal status changes after the initial parole hearing, the Board shall immediately schedule the applicant for a subsequent parole hearing as appropriate.

 

(d) New Commitment.

If an applicant with a previously established parole date receives a new commitment to prison, the parole date shall be rescinded. No hearing or other Board action is required. The Board shall record the rescission of the parole date on the grounds that the applicant has received a new commitment. The applicant may appeal the rescission only on the grounds that he is not the person sentenced to prison by the new judgment.

 

Modified, 1 CMC § 3806(f).

 

History: 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: The Commission capitalized the words “legal” and “status” in the heading for subsection (a) for the purpose of conformity.

 

Part 600 - Release

 

§ 115-10-601  General

 

Release on parole is the actual transfer of an applicant confined in prison to parole supervision in the community. Actual release on parole shall occur when all the provisions of these rules and any applicable laws have been met. If an applicant has been scheduled for revocation proceedings, then the applicant shall not be released until the termination of the revocation proceedings.

 

Modified, 1 CMC § 3806(b).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 600 of this code was previously designated Part 500 in the proposed rules and regulations. See 37 Com. Reg. 36101-02 (Feb. 28, 2015).

 

§ 115-10-605  Notice and Conditions of Parole

 

Prior to release on parole, the applicant shall be given the notice and conditions of parole by Board of Parole staff. The notice and conditions shall be provided in the language primarily spoken or read by the applicant.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 700 - Parole Supervision

 

§ 115-10-701  Notice of Parole

 

(a) Definition. The notice of parole is a general description of rules and regulations governing parolees.

 

(b) Notice. The notice of parole shall include all of the conditions of parole and shall always include the following conditions:

 

1. Release. You will be released on parole effective _______ and will remain on parole until __________. This parole is subject to the following notice and conditions. Should you violate any conditions of this parole, you will be subject to arrest and the Board may modify, suspend, or revoke your parole and order your return to custody. You must read or have had read to you these conditions of parole and you must fully understand them. Whenever any problems arise or you do not understand what is expected of you, talk to your parole agent.

 

2. Extradition. You waive extradition to the Commonwealth of the Northern Mariana Islands from any State or Territory of the United States, or from the District of Columbia. You will not contest any effort to return you to the Commonwealth of the Northern Mariana Islands.

 

3. Psychiatric Returns. If the board determines that you suffer from a mental disorder which substantially impairs your ability to maintain yourself in the community or which makes you a danger to yourself or others, the Board may order your placement in a community treatment facility, if necessary for treatment. The Board may revoke your parole and order you returned to prison for psychiatric treatment if the necessary treatment cannot be provided in the community.

 

4. Search. You and your residence and any property under your control may be searched without a warrant at any time by any agent of the Board of Parole or any law enforcement officer.

 

5. Residence. The establishment and maintenance of a residence upon release from prison is required and it is critical to your successful reintegration into society.

 

Modified, 1 CMC § 3806(b).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 700 of this code was previously designated Part 600 in the proposed rules and regulations. See 37 Com. Reg. 36102-04 (Feb. 28, 2015).

 

§ 115-10-705 General Conditions of Parole

 

(a)             The parole conditions are not a contract but are the specific rules governing all parolees whether or not the parolee has signed the form containing the parole conditions. A violation of any of these conditions of parole may result in the revocation of parole and the parolee’s return to prison. The general conditions of parole shall read as follows:

(1)            Special Conditions. Any special condition imposed by the Board.

(2)            Release, Reporting, Residence and Travel. Unless other arrangements are approved in writing, you will report to your parole agent within twenty-four hours or the next working day if released on the day before a holiday or weekend. Your residence and any change of residence shall be reported to your parole agent in advance. You will inform your parole agent within seventy-two hours of any change of employment location, employer, or termination of employment.

(3)            Parole Agent Instructions. You shall comply with all instructions of your parole agent and will not travel from your island of residence without his or her prior approval. You will not leave the Commonwealth of the Northern Mariana Islands without prior written approval of your parole agent.

(4)            Criminal Conduct. You shall not engage in criminal conduct. You shall immediately inform your parole agent if you are arrested for a felony or misdemeanor under federal, state, or Commonwealth law.

(5)            Weapons. You shall not own, use, have access to, or have under your control: (a) any type of firearm or instrument or device which a reasonable person would believe to be capable of being used as a firearm or any ammunition which could be used in a firearm; (b) any knife with a blade longer than two inches, except kitchen knives which must be kept in your residence and knives related to your employment which may be used and carried only in connection with your employment; or (c) a crossbow of any kind.

(6)            You must understand and acknowledge the conditions of parole specified in this section and any special conditions imposed. If you do not understand a condition of parole, then you must immediately speak to your parole officer.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission capitalized the word “conditions” in subsection (a)(1) for the purpose of conformity. The Commission replaced the numerals “72” and “24” with the spelled form of the numbers.

 

§ 115-10-710 Special Conditions of Parole

 

(a)             Special conditions may be established and imposed by the Board and are in addition to the general conditions of parole. Special conditions include:

(1)            “To participate in Psychiatric Treatment. You agree to participate in the psychiatric treatment program approved for you by Board.” This special condition shall be imposed whenever the Board, or the Department of Corrections psychiatric staff have determined that treatment is required for successful adjustment on parole.

(2)            “To abstain from Alcoholic Beverages. You agree to abstain from the use of any alcoholic beverages or liquors.” This special condition may be imposed whenever the Board determines that such a condition is warranted by the circumstances of the case.

(3)            “To Participate in Anti-Narcotic Testing. You agree to participate in anti-narcotic testing in accordance with instructions from a parole agent.” This special condition may be imposed if there is a documented or admitted history of controlled substances usage.

(4)            “Residence. You shall maintain a residence with a street address or a dwelling location approved in writing by your parole officer.” This special condition shall be imposed on all parolees required to register as a sex offender.

(5)            “Gang Participation. You will not actively participate in, promote, further, or assist in any prison gang, disruptive group, or criminal street gang activity. You will not associate with any prison gang, disruptive group, or street gang member, nor wear or carry on your person, gang colors or any sign, symbol, or paraphernalia associated with gang activity.” These special conditions may be imposed if there is a history of street gang, disruptive group, or prison gang membership, affiliation, or association. Only those gang tattoos received prior to parole are not considered to be a violation of this special condition.

(6)            Other. Any other condition deemed necessary by the Board due to unusual circumstances. This special condition shall be imposed whenever warranted by unusual circumstances. The reasons for its imposition shall be sufficiently documented in the parolee’s case records to explain the need for imposition.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-715 Petition for Change of Conditions of Parole

 

Any parolee may petition the Board for a change of their general or special conditions of parole. The Board will consider the petition at its next regularly scheduled hearing. Notice shall be given to all parties in the same manner proscribed in § 115-10-405.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 4” to “§ 115-10-405” to agree with the renumbering of sections.

 

§ 115-10-720 Length of Parole

 

(a)             General. The length of parole shall be the period of time that the parolee has remaining on his or her unsuspended term of imprisonment on the parolee’s release date.

 

(b)            The parolee shall be discharged from the custody of the Board of Parole after serving the period of parole specified in this section. The Board of Parole shall issue an order of discharge and provide a copy to the parolee and any person requesting notice under § 115‑10-405 and any other person the Chief Parole Officer believes should be notified.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 4” to “§ 115-10-405” to agree with the renumbering of sections.

 

Part 800 - Parole Violations

 

§ 115-10-801  General

 

The Board is authorized to revoke parole if the parolee has violated the terms and conditions of his or her parole.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-805  Violations

 

(a)             Behavior Requiring Revocation Proceedings.

The Chief Parole Officer shall initiate revocation proceedings against any parolee who is reasonably believed to have engaged in the following kinds of behavior:

(1)            Any assaultive conduct resulting in serious injury to another person.

(2)            Possession, control, use of, or access to any firearms, explosive or crossbow or possession or use of any prohibited weapon.

(3)            Involvement in any fraud or fraudulent schemes.

(4)            Sale, transportation, or distribution of any narcotic or other controlled substances as defined by federal or Commonwealth law.

(5)            A parolee has absconded. A parolee has absconded when his or her whereabouts are unknown and he or she has been unavailable for contact for ten days.

(6)            Any other conduct or pattern of conduct in violation of the conditions of parole deemed sufficiently serious by the Chief Parole Officer, including repetitive parole violations and escalating criminal conduct.

(7)            The failure to register as a sex offender, if the parolee is required to register.

(8)            Conduct indicating that the parolee’s mental condition has deteriorated such that the parolee is likely to engage in future criminal behavior.

(9)            Violation of residency or travel restrictions.

(10)         Violation of any court order.

(11)         Any criminal conduct.

 

(b)            Behavior Which May Form the Basis for Revocation Proceedings.

Any conduct which the Chief Parole Officer feels is sufficiently serious to require revocation, regardless of whether the conduct is being prosecuted in court.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-810  Investigation

 

A parole agent shall investigate all cases of a parolee suspected of a parole violation. All available facts relating to the charged violation shall be documented. If the parolee is suspected of a violation which is being investigated as a new crime by a law enforcement agency, the parole agent should obtain a copy of the arresting agency’s arrest and investigation report. If the parolee is suspected of a violation which is not being investigated as a new crime by a law enforcement agency, the parole agent should interview all persons who have knowledge of the conduct and record their statements.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-815  Parole Violation Report

 

The parole violation report is a document prepared by the parole agent specifying the parole violation charges against a parolee, and containing or referring to the information known to the parole agent relevant to the charges. The parole violation report shall include a summary of the parolee’s adjustment to community supervision and any aggravating or mitigating facts known to the parole agent. Any documents which relate to the parole violation shall be attached to the report or specifically identified in the report.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-820  Supplemental Parole Violation Report

 

A supplemental parole violation report may be submitted to: report significant new information or evidence which tends to prove or disprove the violations previously charged; note court actions on charges which are being prosecuted in a criminal proceeding; expand, clarify, or correct information in an earlier report; add or amend charges before a hearing is scheduled; provide the Board with information not related to the violation, but which may affect the Board’s decision regarding the appropriate disposition; provide additional information to the Board at any time requested by the Board; or change the Chief Parole Officer’s recommendation. A copy of the supplemental parole violation report shall be given to the parolee within five business days after the report has been submitted to the Board.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission replaced the numeral “5” with the spelled form of the number.

 

§ 115-10-825  Recommendations

 

The Chief Parole Officer shall recommend the appropriate action necessary to deal with the violation charged. The primary concern shall be for the public safety. In a parole violation report the Chief Parole Officer may make the following recommendations:

 

(a)             Continue on Parole.

This recommendation may be used when the violation charged is not serious enough to warrant reimprisonment. A continue on parole recommendation may include a recommendation to delete, modify, or add special conditions of parole.

 

(b)            Local Program.

This recommendation may be used when the violation charged does not require reimprisonment of the parolee but does require treatment which can be obtained in a community facility or program.

 

(c)             Schedule for Revocation Proceedings.

This recommendation may be used whenever the violation charged is so serious that reimprisonment is necessary

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 900 - Parole Revocation

 

§ 115-10-901  Parole Hold Policy

 

(a)             Preliminary Hearing – Issuance of Warrant.

The Chief Parole Officer may, if parolee is alleged to have violated the terms and conditions of parole, summon the parolee to appear at a preliminary hearing. Alternatively, if the parolee is alleged to have violated the terms and conditions of his or her parole, the Chief Parole Officer may issue an order suspending parolee’s parole and a warrant ordering parolee to be apprehended and held in custody.

 

(b)            Minor Violation.

If the parolee’s violation of his or her terms and conditions of parole is a minor violation, then the Chief Parole Officer may exercise his or her discretion and issue a written warning to the parolee.

 

(c)             Issuance of Hold upon New Charge.

The Chief Parole Officer may issue an order to hold a parolee when he is already confined as the result of a new criminal charge or may arrest a parolee and place him with the Department of Corrections on a parole hold pending investigation of alleged parole violations.

 

(d)            Release on Bail or Recognizance Irrelevant.

The fact that a parolee has been released on bail or his own recognizance in a new criminal case will not influence the Chief Parole Officer’s decision to place a hold. The Chief Parole Officer must always consider the best interests of the community.

 

(e)             Absconding.

If a parolee is suspected of absconding, then the Chief Parole Officer shall attempt to contact the parolee through the parolee’s friends and family. The Chief Parole Officer will then issue an order suspending the parolee’s parole and a warrant ordering parolee to be apprehended and held. The parolee will not receive any credit for time served towards the parolee’s sentence during a period which he or she is alleged and proven to have absconded. A preliminary hearing shall be scheduled for any parolee alleged to have absconded.

 

(f)             Public Safety.

The primary concern shall always be for public safety.

 

Modified, 1 CMC § 3806(b), (g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 900 of this code was previously designated Part 700 in the proposed rules and regulations. See 37 Com. Reg. 36104-07 (Feb. 28, 2015). The Commission capitalized the subsection headings for the purpose of conformity. The Commission inserted a period after the heading of subsection (a) to correct a manifest typographical error.

 

§ 115-10-905  Emergency Hold

 

(a)             If a parole agent has probable cause to believe that a parolee has violated a condition of parole and that an emergency situation exists, so that awaiting an order from the Chief Parole Officer would create an undue risk to the public or to the parolee, the parole agent may cause the parolee to be arrested with or without first issuing a warrant for parolee’s detention.

 

(b)            The parole agent may call on any law enforcement officer to assist in the arrest.

 

(c)             The parolee shall be detained on the written order of the parole agent at the Department of Corrections, pending action by the Chief Parole Officer.

 

(d)            The Chief Parole Officer may, after such detention, issue an order suspending parole or issue an order for the conditional or unconditional release of the parolee.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-910  Emergency Parole Hold Procedural Time Period

 

If, pursuant to § 115-10-905, a parole agent has a parolee arrested and detained, then the Chief Parole Officer shall issue a warrant of arrest and an order suspending parole within forty‑eight hours. Otherwise, the Chief Parole Officer shall issue an order releasing the parolee with or without condition within forty‑eight hours.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 38” to “§ 115-10-905” to agree with the renumbering of sections.

 

§ 115-10-915  Preliminary Hearing

 

(a)             A parolee who has been summoned or retaken for an alleged violation of the terms and conditions of parole shall be scheduled for a preliminary hearing before the Board of Parole, or any member of the Board of Parole within twenty days of arrest or of summons.

 

(b)            A parolee may waive his or her right to preliminary hearing.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-920  Probable Cause Determination and Notification of Revocation

 

At the preliminary hearing, the Board of Parole or any Board of Parole member shall determine if there is probable cause to believe that a parolee has violated a term or condition of 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

(3)            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 disposal of the criminal suit against parolee. 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.

 

(b)            If the hearing panel, or in the case of a single Board member presiding at a preliminary hearing, a Board member, determines that probable cause exists, but that continuation of revocation proceeding is not warranted, the hearing panel or Board member may subsequently order that the parolee be released and required to conform with the terms and conditions of parole. Further, the Board of Parole or Board of Parole member may impose additional conditions of parole recommended by the Chief Parole Officer.

 

(c)             Where probable cause has been found that a parolee has violated a term or condition of parole, a revocation hearing shall be conducted by the Board of Parole within ninety days of the probable cause determination.

 

(d)            Where probable cause has been found that the parolee has absconded, the parolee shall be scheduled for a revocation hearing.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-925  Warrants

 

(a)             Procedure.

If a warrant is issued pursuant to Board of Parole regulations, then the appropriate law enforcement agencies must be immediately notified of its issuance. Immediately after issuing the warrant the Chief Parole Officer shall forward the warrant, the reasons or basis for its issuance, and a list of law enforcement agencies notified, if any, to the members of the Board of Parole and its officers.

 

(b)            General.

Board warrants remain in full force and effect until the Chief Parole Officer, the Chair of the Board of Parole, or the Board of Parole recalls the warrant by removing it from the active warrant file and notifying appropriate law enforcement agencies that the warrant has been recalled. The members of the Board of Parole shall be notified and informed of the reasons justifying recall of a warrant.

 

(c)             Arrest of Parolee.

The warrant shall be recalled upon notification that a parolee subject to a warrant has been taken into custody by a law enforcement agency.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 1000 - Revocation Hearing Procedure

 

§ 115-10-1001 Waiver of Hearing

 

Unconditional Waiver.

A parolee may waive the revocation hearing. An unconditional waiver includes a waiver of any right to a personal appearance before the Board to contest the charges against the parolee, but shall not be an admission of guilt. Following an unconditional waiver, the Chief Parole Officer or the Chair of the Board of Parole may revoke parole without further notice.

 

Modified, 1 CMC § 3806(b).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 900 of this code was previously designated Part 700 in the proposed rules and regulations. See 37 Com. Reg. 36109-11 (Feb. 28, 2015).

 

§ 115-10-1005 Prehearing Procedure

 

The Chief Parole Officer shall assure that: time limits are met; the parolee is advised of his rights; the parolee’s requests for witnesses are screened; any necessary witnesses are notified of the date, time and place of the hearing; all documentary and physical evidence is disclosed, unless designated; requests for continuances are decided; and the case is otherwise prepared for the hearing.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-1010 Parolee Rights

 

(a)             General.

At the revocation hearing the parolee shall have the rights provided for by the United States Constitution, the Commonwealth Constitution, Commonwealth law, and the Board of Parole regulations. The record of the hearing shall be an audio recording.

 

(b)            Notification of the Charges and the Supporting Evidence.

The parolee and his attorney, if he has one, shall receive copies of the parole violation report, any supplemental reports, and any evidence supporting the parole violation charges unless designated. The parolee and his attorney shall receive copies of any police, arrest, or crime reports relevant to the parole violation charges. Any information which is deemed confidential shall not be disclosed, but the parolee and his attorney shall be notified that confidential information has been deleted from the report.

 

(c)             Witnesses.

The parolee is entitled to request the presence of evidentiary and dispositional witnesses at any revocation hearing. The witnesses shall be called unless the hearing panel has specific reason to deny the request. Witnesses shall be screened pursuant to the procedures of § 115-10-1115. The parolee may request subpoena(s) or subpoena(s) duces tecum as provided in § 115-10-1120. If denied, the specific reasons for denial shall be documented and a copy of the document given to the parolee.

 

(d)            Right to Question Witnesses.

During the hearing the parolee has the right, under the direction of the hearing panel, to question all witnesses.

 

(e)             Notice of the Hearing.

At any hearing where witnesses are approved, notice of the hearing shall be given as soon as possible but no later than fourteen calendar days before the hearing.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “Section 57” and “Section 58” in subsection (c) to “§ 115‑10‑1115” and “§ 115‑10‑1120” respectively to agree with the renumbering of sections. The Commission capitalized the heading for subsection (d) for the purpose of conformity.

 

§ 115-10-1015 Revocation Hearing Procedure

 

(a)             General.

At the revocation hearing the hearing panel shall decide whether there is good cause to believe a condition of parole has been violated and, if so, the most appropriate disposition. The parolee may offer mitigating circumstances either to the violation charged or to the disposition during the appropriate part of the hearing.

 

(b)            Factual Disputes.

If the facts of the violation charged have been settled against the parolee in a criminal prosecution or a probation revocation hearing, the parolee may not contest the facts settled against him but may contest: the fact of a post-parole conviction or whether the conviction violated a condition of parole. If the facts against the parolee have not been settled in a criminal prosecution or probation revocation hearing, the parolee may contest the violation charged.

 

(c)             Sex Offender Registration.

If the parolee is charged with failing to register as a sex offender under federal or Commonwealth law, the only factual issues at the revocation hearing are whether the parolee is required to register as a sex offender and whether the parolee failed to register.

 

(d)            Oath.

The hearing panel shall require all witnesses to testify under oath.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission capitalized the headings for subsections (b) and (c) for the purpose of conformity.

 

§ 115-10-1020 Disposition

 

The hearing panel shall make a disposition appropriate to the facts of the case including consideration for public safety. Parole involves conditional liberty and a parolee who engages in violation of the condition(s) of parole may not be capable of successful reintegration into society and may compromise public safety. Disposition alternatives include the following:

 

(a)             No Violation Found.

If the hearing panel finds that the parolee did not commit the violation charged, the parolee shall be continued on parole.

 

(b)            Charge Dismissed.

The charge may be dismissed if there is insufficient information to determine whether the charge is true, if the charge will not significantly affect the disposition, or if the interest of justice would be served.

 

(c)             Violation Found.

If the hearing panel determines that the parolee committed the violation charged, the hearing panel shall make the appropriate decision necessary to handle the violation. Examples of disposition are:

(1)            Continue on Parole.

This disposition shall be used when the violation is not sufficiently serious to warrant reimprisonment. The decision to continue on parole may be accompanied by a decision to modify, add, or delete special conditions of parole.

(2)            Local Program.

This disposition shall be used when the violation is not sufficiently serious to warrant reimprisonment but does indicate a need for treatment available in a community facility or program.

(3)            Return to Custody.

This disposition shall be used when the violation is so serious that reincarceration is necessary or when the violation is the failure to register as a sex offender in a timely manner as required by federal or Commonwealth law. The Board of Parole may set a date of release back onto parole or the Board of Parole may terminate parole and require the parolee to wait a set amount of time before filing a petition for parole.

(4)            Revocation for Absconding.

If the parolee is found to have absconded, then his parole shall be revoked and he shall be ordered returned to the custody of the Department of Corrections. Further, the Board of Parole shall determine the date that the parolee absconded. The period of time that the parolee absconded shall toll the criminal sentence of the parolee. If the parolee has not been located at the time the disposition is entered, then the sentence shall be tolled until the parolee is recaptured.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission capitalized “absconding” in subsection (b)(4) for the purpose of conformity.

 

Part 1100 - Evidence

 

§ 115-10-1101 Generally

 

All evidence relevant to the charges or disposition is admissible in any parole hearing. Hearsay will be admissible. Formal rules of evidence do not apply to Board of Parole hearings.

 

Modified, 1 CMC § 3806(b).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission reorganized this chapter to fit harmoniously within the code, and accordingly renumbered the sections proposed for adoption. Part 1100 of this code was previously designated Part 1000 in the proposed rules and regulations. See 37 Com. Reg. 36111-16 (Feb. 28, 2015).

 

§ 115-10-1105 Documentary Evidence

 

The Chief Parole Officer shall assure that all relevant documentary evidence is available at the hearing and has been made available to the parolee prior to the hearing unless designated confidential. This evidence includes, but is not limited to, the violation report, arrest report, special services reports, psychiatric reports, and statements of witnesses. If relevant documentary evidence is not available, the Chief Parole Officer shall specify in writing what the evidence is and why it is unavailable.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-1110 Physical Evidence

 

Physical evidence should not ordinarily be required at a hearing. The Chief Parole Officer may bring physical evidence to the hearing if: the applicant or parolee has requested it or it appears necessary for the hearing; institutional security is not endangered; and there is no other means of presenting the information.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-1115 Witnesses

 

(a)             Request.

(1)            Applicant or Parolee Request.

The applicant or parolee may request either evidentiary or dispositional witnesses. The request must be made sufficiently ahead of the hearing to notify the witnesses and to make arrangements to have them present at the hearing. The request shall include the reason for requesting the witness and the expected testimony of the witness.

(2)            Parole Agent Request.

If in reviewing the case prior to a hearing, staff determine that a particular witness is necessary to provide testimony regarding an event material to the proceeding, attendance of that evidentiary witness shall be requested even though the applicant or parolee has not requested that witness. In these circumstances, staff shall notify the applicant, parolee, or his attorney.

 

(b)            Chief Parole Officer to Review Witness List.

The Chief Parole Officer shall review the list of requested witnesses prior to the hearing and may refuse to notify or call witnesses for good cause. The Chief Parole Officer shall document the reason for any refusal to notify or call a witness, and the parolee, applicant, or attorney shall be told of the refusal prior to the hearing.

(1)            Evidentiary Witnesses.

The Chief Parole Officer shall determine that the testimony of an evidentiary witness is clearly irrelevant before refusing to call the witness. (Examples of irrelevant witnesses include a public official having no knowledge of the violation or witness with no knowledge or evidence in mitigation). A requested evidentiary witness should ordinarily be notified to attend even though the testimony may be cumulative, such as where several persons witnessed the incident.

(2)            Dispositional Witnesses.

The Chief Parole Officer may refuse to notify any dispositional witness whose testimony is clearly irrelevant or cumulative. The testimony of dispositional witnesses whose testimony is of a general nature may be presented by means of written statements, letters, or affidavits.

 

(c)             Notification.

(1)            Evidentiary Witnesses.

The Chief Parole Officer is responsible for making every effort to assure the attendance of any requested evidentiary witness deemed necessary.

(2)            Dispositional Witnesses.

If the applicant or parolee is not represented by an attorney, the Chief Parole Officer shall provide any needed assistance in notifying dispositional witnesses. If the applicant or parolee is assisted by an attorney, the Chief Parole Officer has no responsibility for notifying applicant or parolee dispositional witnesses who are not confined in prison. The attorney shall notify the Chief Parole Officer in writing of witnesses so that the Board of Parole can properly manage its time at a hearing.

(3)            Documentation.

All efforts to locate evidentiary witnesses shall be documented. Any efforts made to locate dispositional witnesses for an applicant or parolee unassisted by counsel shall also be documented.

(4)            Witness Refusal to Attend.

If a witness is located, but refuses to attend, the reason for the refusal shall be documented to give the hearing panel sufficient information to determine whether it is reasonable to excuse the witness’s attendance.

 

(d)            Fearful Witnesses.

Evidentiary witnesses who refuse to attend the hearing either because they would be subject to risk of harm if their identities were disclosed or who, even if their identity is known, fear for their safety should they attend the hearing, shall be interviewed by staff prior to the hearing and their information documented in writing or on tape. The reasons for their fear shall also be documented. The hearing panel shall determine whether there is good cause to excuse a witness’s attendance and shall document the decision, including the reasons.

 

(e)             Interviewing Witnesses.

An applicant, parolee, or his attorney has a right to speak to possible witnesses, but it is within the discretion of an individual witness whether to speak to or disclose his whereabouts to an applicant, parolee, or his attorney. Staff shall not attempt to influence the witness’s decision.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission capitalized subsection headings for the purpose of conformity. The Commission changed “witness’” in subsections, (c)(4), (d), and (e) to “witness’s” to correct a manifest clerical error. The Commission also changed “a applicant” in subsection (e) to “an applicant” to correct a manifest typographical error.

 

§ 115-10-1120 Subpoenas

 

(a)             Subpoenas may be issued to require the attendance of witnesses or the production of documents at parole revocation hearings.

 

(b)            The parolee or applicant, or the attorney for the parolee or applicant, the Chief Parole Officer, or Board members may request that a subpoena be issued.

 

(c)             Requests for subpoenas shall be made directly to the Chair of the Board of Parole or another Board Member as appropriate, at least ten working days prior to the scheduled hearing. An attorney for the Office of the Attorney General shall review any subpoena prior to issuance as to form and content.

 

(d)            Subpoena Duces Tecum. A supporting declaration shall accompany each request for a subpoena duces tecum. The declaration shall show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing, and that the requested witness has possession or control of the documentary evidence.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: Commission Comment: The Commission replaced the numerals “10” in subsection (c) with the spelled form of the number.

 

§ 115-10-1125 Criteria for Issuing Subpoenas

 

(a)             General.

A subpoena or subpoena duces tecum shall be issued when it is necessary to secure the presence of a witness or the production of documents for a proceeding. Subpoenas shall be issued for evidence that is relevant and material. Each case shall be evaluated individually to make this determination, based upon the following factors:

(1)            whether the person is an evidentiary or dispositional witness;

(2)            the relevance and materiality of the testimony or documents to the issues to be decided during the fact finding (violation) phase of the hearing;

(3)            the availability of the witness and/or the documents;

(4)            whether the witness will have difficulty attending the hearing.

 

(b)            Witnesses.

(1)            General.

Requests for subpoenas for witnesses shall be screened in accordance with the procedures of § 115‑10‑1115. A request for a subpoena may be denied for any witness whose testimony is clearly irrelevant or cumulative.

(2)            Evidentiary Witnesses.

Requests for subpoenas for evidentiary witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an evidentiary witness shall be considered and may justify denial of a request for a subpoena.

(3)            Dispositional Witnesses.

Normally only evidentiary witnesses will be subpoenaed. The testimony of dispositional witnesses whose testimony is of a general nature should be presented by means of written statements, letters, or affidavits. The parolee/applicant or the parolee’s/applicant’s attorney shall provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material, and non-cumulative.

 

(c)             Documentary Evidence.

Subpoenas duces tecum may be issued for documentary evidence that is relevant and non‑cumulative and under the control of someone other than the parolee/applicant, the applicant’s attorney, or the Board. A declaration in support shall accompany the request for a subpoena duces tecum.

 

(d)            Denial.

The reason for the denial of a request for a subpoena or a subpoena duces tecum shall be documented and a copy of the decision given to the parolee/applicant or to the parolee’s/applicant’s attorney.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “Section 57” subsection (b)(1) to “§ 115‑10‑1115” to agree with the renumbering of sections.

 

§ 115-10-1130 Service of Subpoena

 

(a)             Process.

Service may be made by any person eighteen years of age or older, in all parts of the Commonwealth, no later than ten calendar days before the hearing, unless good cause for later service is shown.

 

(b)            Subpoena.

Except as provided in this section, service of a subpoena is completed by showing the original and delivering a copy to the witness personally.

 

(c)             Subpoena for Officer.

When an officer of the Department of Public Safety or the Department of Corrections is required as a witness in a proceeding relating to an event which he perceived or investigated in the course of his duties, a subpoena may be served by delivering a copy to the officer personally. Alternatively, a subpoena may be served by delivering two copies to the Commissioner of the Department of Public Safety or the Director of the Department of Corrections.

 

(d)            Subpoena Duces Tecum.

Service of a subpoena duces tecum is completed by showing the original and delivering a copy to the person having possession or control of the documentary evidence. Service is invalid if the declaration in support is not served on the person at the same time as the subpoena duces tecum.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: Commission Comment: The Commission replaced the numerals “18” in subsection (a) with the spelled form of the number.

 

§ 115-10-1135 Obligation to Comply with Subpoena

 

(a)             General.

A person is obliged to attend a parole revocation hearing as a witness pursuant to a subpoena or a subpoena duces tecum if the hearing is being held on the island of the person’s residence. If the hearing is not being held on the island of the person’s residence, then the person can be required to attend the hearing telephonically.

 

(b)            Custodian of Records.

(1)            General.

The custodian of records may, upon receiving a subpoena duces tecum, mail a true, legible, and durable copy of all the records described in the subpoena duces tecum. The records shall be accompanied by the affidavit of the custodian.

(2)            Affidavit of Custodian.

The affidavit shall state that the affiant is the custodian of the records and is authorized to certify the records; that the copy is a true copy of the records described in the subpoena duces tecum; and that the records were prepared in the ordinary course of business. If the custodian has none or only part of the records described in the subpoena duces tecum, the custodian shall mail the affidavit and the available records.

(3)            Attendance Required.

The custodian of records shall attend the hearing and produce original records only when the subpoena duces tecum contains a clause to that effect.

 

(c)             Failure to Comply.

If a witness fails to comply with a subpoena or a subpoena duces tecum, the Board may petition the Superior Court for an order compelling compliance and for costs incurred by the Board in scheduling a new hearing. All subpoenas issued pursuant to these rules shall warn the persons being subpoenaed that the failure to comply will result in an order of compliance and an order to pay the costs incurred by the Board of Parole in scheduling a new hearing.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-1140 Quashing a Subpoena

 

(a)             General.

The Chair of the Board of Parole, upon request timely and reasonably made, may quash a subpoena or subpoena duces tecum entirely, modify it, or direct compliance with it upon terms or conditions. The request to quash shall be made to the Chair of the Board of Parole and shall include specific reasons for the request.

 

(b)            Criteria.

The Chair of the Board of Parole shall consider the objections to a subpoena or a subpoena duces tecum in light of all available information. The guiding principles shall be to protect witnesses from unreasonable and oppressive demands and to ensure their safety.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Part 1200 - Clemency

 

§ 115-10-1201 Authority

 

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 part.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission struck the word “in” from the last sentence of this section as a mere repetition of the prior word.

 

§ 115-10-1205 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.

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

§ 115-10-1210 Notice

 

The Board of Parole shall attempt to provide notice to all interested parties in accordance with § 115-10-405. 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(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 4” to “§ 115-10-405” to agree with the renumbering of sections.

 

§ 115-10-1215 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 fourteen calendar days. The Board of Parole may supplement the criminal history with any other information that it deems relevant to the request, such as:

(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.

 

(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 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 thirty days.

 

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

 

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

 

(h)            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. If time is limited, then the Board shall utilize the procedure in § 115-10-405 for determining who may speak and for how long.

 

(i)              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.

 

(j)              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 assist him or her to reach a decision that is in the best interests of the Commonwealth.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 37 Com. Reg. 36616 (June 28, 2015); Amdts Proposed 37 Com. Reg. 36072 (Feb. 28, 2015).

 

Commission Comment: The Commission changed “SECTION 4” in subsection (h) to “§ 115-10-405” to agree with the renumbering of sections.
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.