Chapter 27 - Parole

Chapter 27 - Parole

46.2701 Board of parole-Creation and membership-Powers.

(a) There is created in the executive branch a board of parole, consisting of 5 members ap-pointed by the Governor, all of whom must be nonelected citizens of American Samoa not employed by the government. The board shall select one of its members to be the chairman.

(b) The board may:

(1) adopt rules pursuant to the Administrative Procedure Act, Section 4.1001 et seq., governing its practices and procedures; and

(2) issue subpoenas compelling witnesses to attend its proceedings and producing those records or documents which the board deems necessary for the investigation of a case before it.

46.2702 Eligibility-Board-Procedure.

(a) A prisoner other than a juvenile delinquent or a committed youth offender, wherever confined, and serving a term or terms of over 6 months, who has served the minimum prison term under 46.2304 may apply to the board for parole. A prisoner whose application for parole is denied may reapply in 6 months from the date of the board’s denial.

(b) Upon receipt of an application for parole by an eligible prisoner, the board considers all pertinent information regarding the prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, the reports of any physical and mental examinations which have been made of him, and, if readily obtainable, the recommendations of the sentencing judge or justice.

(c) The board shall interview the prisoner requesting the parole and hear oral testimony from a person desiring to testify before the board concerning the application for parole of the prisoner.

46.2703 Release.

(a) If it appears to the board from a report by the proper institutional officers, or upon application by a prisoner eligible for release on parole, that there is a reasonable probability that the prisoner will live and remain at liberty without violating the law, and if in the opinion of the board the release is not incompatible with the welfare of society, the board may in its discretion authorize the release of the prisoner on parole.

(b) A prisoner whose unexpired sentence of imprisonment equals the minimum parole term established under 46.2304 shall receive a parole subject to the terms and conditions established by the board.

46.2704 Terms and conditions.

(a) Subject to the terms and conditions established by the board, a parolee may be allowed to return to his home or go elsewhere. The parolee remains in the legal custody and under the control of the attorney general. The parole continues until the expiration of the maximum term or terms for which the parolee was sentenced.

(b) Each order of parole must set the terms and conditions of parole.

46.2705 Aliens.

(a) When an alien prisoner subject to deportation becomes eligible for parole, the board may authorize his release on the condition that he be deported and remain outside American Samoa.

(b) The prisoner, when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation.

46.2706 Recommitment proceedings.

(a) A warrant for the retaking of any American Samoan prisoner who has violated his parole may

be issued only by the board of a member of it and within the maximum term or terms for which he was sentenced.

(b) The unexpired term of imprisonment of that prisoner shall begin to run from the date he is returned to the custody of the Attorney General under the warrant.

(c) The time the prisoner was on parole shall not diminish the time he was sentenced to serve.

(d) Any police officer of American Samoa, to whom a warrant for the retaking of a parole violator is delivered, shall execute that warrant by taking the prisoner and returning him to the custody of the Attorney General.

(e) A prisoner retaken upon a warrant issued by the board shall be given an opportunity to appear before the board, a member of it, or an examiner designated by the board. The board may then, or at any time in its discretion, revoke the order of parole and terminate the parole or modify the terms and conditions of it.

(f) If an order of parole is revoked and the parole terminated, the prisoner may be required to serve all or any part of the remainder of the term for which he was sentenced.