Printed on recycled paper
131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1715H.P. 1104House of Representatives, April 18, 2023
An Act to Replace Certain Stigmatizing Language in the Maine
Revised Statutes, Titles 22, 25 and 34-A with Respectful Language
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Representatives: HASENFUS of Readfield, MATHIESON of Kittery,
PLUECKER of Warren, RANA of Bangor, SALISBURY of Westbrook, Senators: BEEBE-
CENTER of Knox, LaFOUNTAIN of Kennebec. Page 1 - 131LR1196(01)
1
2 as corrected by RR 2021, c. 2, Pt. B, §160, is
3 amended to read:
4 Resident of a correctional facility, jail or public institution. Is not an
5 inmate of any a resident of a correctional facility, a jail or a public institution, except as a
6 patient in a medical institution or an inmate a resident of a correctional facility or a jail
7 during the month in which the applicant person becomes an inmate a resident of a
8 correctional facility or a jail only to the extent permitted by federal law, but an inmate of
9 such a resident of a correctional facility, a jail or an institution may file application for aid
10 and any allowance made thereon must take takes effect and must be paid when upon the
11 applicant ceases person's ceasing to be an inmate of the a resident of a correctional facility,
12 a jail or a public institution.
13 as amended by PL 2017, c. 284, Pt.
14 SSSSSS, §1 and PL 2021, c. 635, Pt. CCC, §3 and affected by §7, is further amended by
15 amending subparagraph (4) to read:
16 (4) Is an inmate in a resident of a correctional facility, a jail or a public institution
17 or a patient in an institution for mental diseases.
18 as enacted by PL 1975, c. 719, §6, is amended to read:
19
20 The term "drug treatment center," as used in this subtitle, shall mean means a residential
21 facility, not licensed as a medical care facility under chapter 405, for the care, treatment or
22 rehabilitation of drug users, including alcohol users persons with substance use disorder,
23 including persons whose substance use disorder centers on alcohol.
24 as amended by PL 2017, c. 407, Pt. A, §100, is
25 further amended to read:
26 Person who uses drugs. "Drug user Person who uses drugs" has the
27 same meaning as set forth in Title 5, section 20003, subsection 10 means a person who uses
28 any drugs, dependency-related drugs or hallucinogens in violation of any law of the State.
29
30 and c. 407, Pt. A, §102 and affected by PL 2019, c. 417, Pt. B, §14 and amended by PL
31 2021, c. 669, §5, is further amended by amending subparagraph (5), division (r) to read:
32 (r) Are you a drug user person who uses drugs or a person with substance use
33 disorder?
34 as amended by PL 2019, c. 343, Pt. CCCCC,
35 §1, is further amended by amending subparagraph (1) to read:
36 (1) Provision of evidence-based treatment programs, including medically assisted
37 treatment, to jail inmates residents of a jail; and
38 as enacted by PL 1991, c. 314, §2, is
39 amended to read:
40
41 department, including, but not limited to, a prisoner resident of a correctional facility, Page 2 - 131LR1196(01)
42 person on supervised community confinement, juvenile client, contract client, probationer
43 person on probation, parolee, juvenile detainee and an informally adjusted juvenile.
3 as repealed and replaced by PL 2009, c. 391,
4 §8, is amended to read:
5
6 the detention of adult pretrial detainees prior to arraignment, release or transfer to another
7 facility or authority for periods of up to 48 hours. "Holding facility" also means a county
8 jail or part of a jail used for the detention of adult inmates persons, whether detained
9 pending a trial or other court proceeding or sentenced for periods of up to 72 hours
10 excluding Saturday, Sunday and legal holidays and excluding days during which the inmate
11 person is at court.
12 as amended by PL 2013, c. 133, §24, is
13 repealed.
14 is enacted to read:
15
16 an adult person sentenced and committed to, transferred to or detained in the custody of the
17 department.
18 as amended by PL 1991, c. 314, §8, is
19 further amended to read:
20 resident of a
21 correctional facility from the general population of a correctional facility for administrative
22 or punitive reasons.
23 as amended by PL 1991, c. 314, §9, is further amended
24 to read:
25
26 Recognizing the need to firmly control all of the State's correctional and detention
27 facilities, provide for the safety of staff and clients, undertake appropriate programming for
28 the classification, education, rehabilitation and maintenance of clients and assure an
29 effective system for the supervision of parolees and probationers persons on probation, it
30 is the intent of the Legislature to create a Department of Corrections to improve the
31 administration of correctional facilities, programs and services for clients.
32 as enacted by PL 1983, c. 581, §§10 and 59,
33 is amended to read:
34
35 noncompliance with a mandatory standard, if the noncompliance is determined to endanger
36 the safety of the staff, inmates residents of a jail or visitors of any county or municipal
37 detention facility.
38 A. The commissioner's action under this subsection shall expire expires within 90 days
39 or upon compliance with the mandatory standard.
40 B. After having taken action under this section, the commissioner shall send a written
41 inspection report to the affected facility.
1
2 Page 3 - 131LR1196(01)
1 C. The commissioner shall decide what long-term action to take with respect to the
2 affected facility on the basis of county or municipality response to the inspection report
3 and subsequent meetings.
4 as enacted by PL 1983, c. 581, §§10
5 and 59, is amended to read:
6 A. The commissioner may grant a variance only when he the commissioner determines
7 that the variance will not result in diminishing the safety, health or security of staff,
8 inmates residents of a jail or visitors of a county or municipal detention facility.
9 as amended by PL 2007, c. 102, §7, is further
10 amended to read:
11
12 The commissioner shall establish standards for facilities not covered by section 1208
13 that are used to house residents of a county prisoners jail, including secure detention
14 facilities as defined in Title 15, section 3003, subsection 24‑A and temporary holding
15 resources as defined in Title 15, section 3003, subsection 26 and has the same power to
16 determine compliance with and enforce those standards as provided under section 1208.
17 as amended by PL 2017, c. 407, Pt.
18 A, §152, is further amended to read:
19 A. The standards, policies and procedures must address record keeping and reporting
20 of financial data, capital improvement planning, jail staffing, administration and
21 management of prisoners residents of a jail, transfer of inmates residents, notification
22 to prisoners residents of prohibition on contact with victims and other persons, pretrial
23 assessments and services, evidence-based programming, literacy programs, mental
24 health and substance use disorder programs and correctional officer training.
25 as amended by PL 2021, c. 732, Pt.
26 D, §3 and affected by §7, is further amended by amending subparagraph (1) to read:
27 (1) Require reporting of data that indicates average daily population of prisoners
28 residents of a jail, that excludes federal prisoners residents of a jail detained by the
29 Federal Government, that indicates sending and receiving jails for transferred
30 prisoners residents and that is useful in calculating the distributions to the counties
31 pursuant to section 1210‑E, subsection 9; and
32 as enacted by PL 2021, c. 732, Pt. A, §3
33 and affected by §5, is amended to read:
34 Support for residents of a jail. The fund must be used to
35 provide a portion of the counties' costs of the support of prisoners detained or sentenced to
36 residents of a jail.
37 as enacted by PL 2021, c. 732, Pt. A, §3
38 and affected by §5, is amended to read:
39
40 distribution described in subsection 5. The department shall distribute quarterly to each
41 county from the fund the amount due to that county as determined according to the formula. Page 4 - 131LR1196(01)
42 The formula must be based on the most recent fiscal year for which data is available for the
43 county and must:
3 A. Take into consideration total statewide county jail prisoner resident days for all
4 jails;
5 B. Take into consideration and assign to a jail the number of county jail prisoner
6 resident days attributable to each prisoner resident of a jail who was charged with
7 committing a crime in that county or who was committed to the custody of or detained
8 by the sheriff of that county; and
9 C. Determine the proportion of statewide county jail prisoner resident days attributable
10 to each county.
11 as enacted by PL 2009, c. 213, Pt. W, §1, is amended
12 to read:
13 Resident Boarding Fund
14 The Prisoner Resident Boarding Fund is established in the department to provide
15 funding for the boarding of prisoners residents of a correctional facility at county jail
16 facilities.
17
18 of this section, money appropriated by the State.
19 Resident Boarding Fund. All funds appropriated for the purpose of this
20 section must be credited to the Prisoner Resident Boarding Fund. State funds appropriated
21 to the Prisoner Resident Boarding Fund that are unexpended at the end of the fiscal year
22 for which the funds are appropriated do not lapse, but must carry forward into subsequent
23 fiscal years to be expended for the purpose of this section.
24 as amended by PL 2021, c. 620, §4, is further
25 amended to read:
26
27 grievances of clients. The commissioner shall establish a separate grievance process for
28 addressing complaints by prisoners residents of a correctional facility about their medical
29 and mental health treatment as well as a separate grievance process for addressing
30 complaints regarding compliance with the standards established pursuant to sections 1208,
31 1208‑A and 1208‑B.
32 as amended by PL 2007, c. 240, Pt. YYY,
33 §2, is further amended to read:
34
35 statements pertaining to the impact that proposed legislation has upon correctional system
36 resources, including the cost that the correctional system would bear. The commissioner
37 shall make inquiry of a statewide association of prosecuting attorneys, the judicial branch,
38 a statewide association of county sheriffs and any other parties, as appropriate, in order to
39 provide the most accurate estimates of the correctional system impact, including the
40 number of additional probationers persons on probation, the number of additional
41 incarcerated individuals and the number of additional jail and prison beds that may
42 reasonably be anticipated from enactment of the legislation, by fiscal year. Whenever
43 practicable, the statements must also include the impact of such legislation in future biennia
1
2 Page 5 - 131LR1196(01)
44 as well. For purposes of this subsection, the correctional system includes correctional
45 facilities and services operated or funded by the State or by any county government. The
46 statements must be furnished to the appropriate committee of the Legislature for the
47 information of its members and to the legislative staff office designated to collect and
48 assemble fiscal information for use of legislative committees under Title 3, section 163‑A,
49 subsection 10. The statements must be considered in the preparation of the fiscal note
50 included in a committee amendment or other amendment if the legislation or amendment
51 has a fiscal impact on the correctional system. A statement is not required for any
52 legislation that has no impact upon the correctional system.
10 as amended by PL 2011, c. 340, §1, is further
11 amended to read:
12
13
14 each correctional facility for the purposes of producing agricultural and farm products and
15 teaching prisoners residents of a correctional facility and juvenile clients cultivation and
16 gardening techniques. The commissioner may also establish a gravel mining program at
17 any correctional facility sited on land that contains sufficient gravel for the purpose of
18 supporting the farm programs.
19 A. Products from farm programs under this subsection must be used by correctional
20 facilities. If a surplus exists, it may be:
21 (1) Sold or distributed to other state, county or local governmental entities;
22 (2) Exchanged with other state, county or local governmental entities for services
23 or other goods;
24 (3) Sold to or exchanged with private Maine businesses; or
25 (4) Sold to or exchanged with community agencies as defined in section 1206,
26 subsection 1.
27 B. The revenue generated by the sale of farm products under this subsection must be
28 deposited in a special account. This account does not lapse at the end of a fiscal year
29 but must be carried forward from year to year.
30 C. The funds in the special account under paragraph B may be expended to implement
31 and maintain farm programs in correctional facilities. These expenditures include, but
32 are not limited to, the purchase of necessary materials and equipment, construction,
33 administrative costs and employee salaries.
34 D. The commissioner may establish, for the purpose of supporting farm programs at
35 correctional facilities by generating additional revenue for the special account under
36 paragraph B, a gravel mining program at any correctional facility sited on land that
37 contains sufficient gravel. The commissioner shall determine the amount of gravel to
38 be mined. Gravel not used by correctional facilities may be sold, distributed or
39 exchanged in the same manner as farm products pursuant to paragraph A. In addition
40 to the expenditures allowed by paragraph C, the revenue generated from a gravel
41 mining program may be expended to implement and maintain gravel mining programs
42 in correctional facilities.
1
2
3
4
5
6
7
8
9 Page 6 - 131LR1196(01)
1 as enacted by PL 1989, c. 127, §3, is
2 amended to read:
3 C. The commissioner may contract with the Attorney General of the United States or
4 officer designated by the Congress for the care, custody, subsistence, education,
5 treatment and training of any prisoner resident of a correctional facility or juvenile
6 accepted under this section. All sums paid pursuant to contracts authorized by this
7 section shall accrue to the General Fund.
8 as amended by PL 2013, c. 368, Pt.
9 ZZZ, §1, is further amended to read:
10 D. All revenues from direct sales of goods and services produced by prisoners at
11 correctional facilities residents of a correctional facility and all amounts received from
12 a private sector industry participating with the Department of Corrections in an
13 industries program certified by the United States Department of Justice under the
14 United States Code, Title 18, Section 1761, in consideration of lease of industry space,
15 provision of utilities, trash removal and other services provided to the private industry
16 that are related to the use of industry space at correctional facilities must be deposited
17 into the department's industries enterprise account, which does not lapse. All revenues
18 generated from career and technical training programs must be deposited into Other
19 Special Revenue Funds accounts, which do not lapse and must be used to support the
20 costs of vocational training programs.
21 as enacted by PL 1983, c. 459, §6, is
22 amended to read:
23 B. The prisoner correctional facility shall be provided provide the person with a
24 sufficient quantity of wholesome and nutritious food.
25 as enacted by PL 1983, c. 459, §6, is
26 amended to read:
27 C. Adequate The correctional facility shall provide the person with adequate sanitary
28 and other conditions as required for the health of the prisoner shall be maintained
29 person.
30
31 5, is further amended to read:
32
33 following conditions.
34 A. Restitution may be imposed for the purpose of replacing or repairing property
35 destroyed or damaged by the prisoner resident of a correctional facility or juvenile
36 while the prisoner resident or juvenile is at the institution. When restitution is imposed
37 at a facility, a prisoner resident or a juvenile who is subject to that restitution and who
38 receives money from any source shall pay 25% of that money to the facility where the
39 damage occurred. The facility shall collect that money and apply it to defray the cost
40 of replacement or repair of the items destroyed or damaged. Money received by the
41 prisoner resident or juvenile and directly deposited into a telephone call account
42 established by the department for the sole purpose of paying for use of the department's
43 client telephone system is not subject to this paragraph, except that 25% of any money Page 7 - 131LR1196(01)
44 received by the prisoner resident or juvenile and transferred from the telephone call
45 account to the department's general client account at the time of the prisoner's resident's
46 or juvenile's discharge or transfer to supervised community confinement or community
47 reintegration status must be collected and disbursed as provided in this paragraph.
5 A-1. Restitution may be imposed for the purpose of paying the cost of medical care
6 incurred as a result of the conduct of a prisoner resident of a correctional facility or
7 juvenile while the prisoner resident or juvenile is at the institution. When restitution is
8 imposed at a facility, a prisoner resident or a juvenile who is subject to that restitution
9 and who receives money from any source shall pay 25% of that money to the facility
10 where the medical care was provided. The facility shall collect that money and apply
11 it to defray the cost of medical care. Money received by the prisoner resident or
12 juvenile and directly deposited into a telephone call account established by the
13 department for the sole purpose of paying for use of the department's client telephone
14 system is not subject to this paragraph, except that 25% of any money received by the
15 prisoner resident or juvenile and transferred from the telephone call account to the
16 department's general client account at the time of the prisoner's resident's or juvenile's
17 discharge or transfer to supervised community confinement or community
18 reintegration status must be collected and disbursed as provided in this paragraph.
19 B. A prisoner resident of a correctional facility or juvenile who is transferred to another
20 facility remains liable for any restitution authorized under this chapter. The facility
21 receiving the prisoner resident or juvenile shall collect the restitution and transfer it to
22 the facility where the damage occurred or where the medical care was provided.
23 B-1. A prisoner resident of a correctional facility or juvenile who is discharged from
24 the facility remains liable for any restitution authorized under this chapter. If the
25 prisoner resident or juvenile is returned to the custody of the department, any facility
26 in which the prisoner resident or juvenile resides shall collect the restitution and ensure
27 that it is used to defray the costs as set out in this chapter.
28 C. Restitution is not authorized if its imposition would create an excessive financial
29 hardship, as determined by the department, on the dependents of the prisoner resident
30 of a correctional facility. Any payments made for the support of the dependents that
31 are required by the Department of Health and Human Services may not be used for
32 restitution payments.
33 as amended by PL 2005, c. 506, §6, is
34 further amended to read:
35
36 facilities is subject to the following conditions.
37 A. When a monetary sanction is imposed at a facility, a prisoner resident of a
38 correctional facility who is subject to that monetary sanction and who receives money
39 from any source shall pay 25% of that money to the facility where the monetary
40 sanction was imposed. The facility shall collect that money and apply it to defray the
41 cost of holding disciplinary hearings. Money received by the prisoner resident and
42 directly deposited into a telephone call account established by the department for the
43 sole purpose of paying for use of the department's client telephone system is not subject
44 to this paragraph, except that 25% of any money received by the prisoner resident and
45 transferred from the telephone call account to the department's general client account
1
2
3
4 Page 8 - 131LR1196(01)
46 at the time of the prisoner's resident's discharge or transfer to supervised community
47 confinement must be collected and disbursed as provided in this paragraph.
3 B. A prisoner resident of a correctional facility who is transferred to another facility
4 remains liable for any monetary sanction authorized under this chapter. The facility
5 receiving the prisoner resident shall collect the monetary sanction and transfer it to the
6 facility where the monetary sanction was imposed.
7 C. A prisoner resident of a correctional facility who is discharged from a facility
8 remains liable for any monetary sanction authorized under this chapter. If the prisoner
9 resident is returned to the custody of the department, any facility in which the prisoner
10 resident resides shall collect the monetary sanction and ensure that it is used to defray
11 costs as set out in this chapter.
12 D. A monetary sanction is not authorized if its imposition would create an excessive
13 financial hardship, as determined by the department, on the dependents of the prisoner
14 resident of a correctional facility. Any payments made for the support of the
15 dependents that are required by the Department of Health and Human Services may
16 not be used for monetary sanction payments.
17 as amended by PL 1989, c. 127, §§7 to 9, PL 2011, c.
18 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, is further amended to read:
19
20
21 prisoners physically able residents of a correctional facility in the construction and
22 improvement of highways or other public works within the State under such arrangements
23 as may be made with the Department of Transportation or with another department or
24 commission of the State, county or municipality in charge of these public works, and the
25 commissioner may prescribe whatever any rules and conditions the commissioner
26 considers expedient to ensure the proper care and treatment of the prisoners residents while
27 so employed and to ensure their safekeeping and return.
28
29 bodied prisoners physically able residents of a correctional facility by the Bureau of
30 Forestry or the Maine Emergency Management Agency, to fight fires or provide assistance
31 during or after a civil disaster.
32
33 able-bodied prisoners physically able residents of a correctional facility to provide
34 assistance in the improvement of property owned by charitable, nonprofit organizations.
35 A. The commissioner shall promulgate adopt such rules as he deems the commissioner
36 determines proper to ensure the care and treatment of the prisoners residents and the
37 safe working conditions of prisoners residents and departmental employees.
38 B. The commissioner may request that charitable, nonprofit organizations pay for the
39 transportation of the prisoners residents of a correctional facility and pay the per diem
40 compensation of guards, correctional officers or instructors who must accompany the
41 prisoners residents or oversee the work to be performed.
42‑A, section 755, if that
43 person is a prisoner resident of a correctional facility and escapes from any assignments
1
2 Page 9 - 131LR1196(01)
44 described in this section or from any other assignment beyond the walls or other security
45 restraints surrounding a correctional facility or otherwise off the grounds of an assigned
46 location.
4 as enacted by PL 1997, c. 714, §4, is amended
5 to read:
6 resident of a correctional
7 facility may not participate in a furlough under subsection 2 unless, in advance of the chief
8 administrative officer's consideration of the request for that furlough, the department
9 notifies:
10 A. The district attorney for the district in which the prisoner resident will reside;
11 B. The sheriff for the county in which the prisoner resident will reside;
12 C. The chief of police of any municipality in which the prisoner resident will reside;
13 D. The Department of Public Safety; and
14 E. The district attorney for the district where the prisoner's underlying commitment of
15 the resident to the department originated.
16 If the department grants a prisoner resident of a correctional facility furlough request, the
17 department shall again notify those listed in paragraphs A to E.
18 A furlough may be granted in an emergency without any prior notification as long as
19 notification is given as soon as practicable.
20 as amended by PL 2021, c. 376, §§1 to 7, is further
21 amended to read:
22
23
24 supervised community confinement program for certain prisoners committed to the
25 department residents of a correctional facility.
26
27 committed to the department resident of a correctional facility from a the correctional
28 facility to supervised community confinement subject to the following restrictions.
29 A. A transfer to supervised community confinement may be granted only subject to
30 rules adopted by the commissioner.
31 B. A prisoner resident of a correctional facility may not be transferred to supervised
32 community confinement until the prisoner resident has served at least 2/3 of the term
33 of imprisonment imposed or, in the case of a split sentence, at least 2/3 of the
34 unsuspended portion, after consideration of any deductions that the prisoner resident
35 has received and retained under Title 17‑A, section 2302, subsection 1; section 2305;
36 section 2307; section 2308; section 2309; section 2310; or section 2311 if the term of
37 imprisonment or, in the case of a split sentence, the unsuspended portion is more than
38 5 years. A prisoner resident may not be transferred to supervised community
39 confinement until the prisoner resident has served at least 1/2 of the term of
40 imprisonment imposed or, in the case of a split sentence, at least 1/2 of the unsuspended
41 portion after consideration of any deductions that the prisoner resident has received
1
2
3 Page 10 - 131LR1196(01)
42 and retained under Title 17‑A, section 2302, subsection 1; section 2305; section 2307;
43 section 2308; section 2309; section 2310; or section 2311 if the term of imprisonment
44 or, in the case of a split sentence, the unsuspended portion is 5 years or less.
4 C. Except as provided in paragraph C‑1, a prisoner resident of a correctional facility
5 may not be transferred to supervised community confinement unless the prisoner
6 resident has no more than 2 years remaining on the term of imprisonment or, in the
7 case of a split sentence, on the unsuspended portion, after consideration of any
8 deductions that the prisoner resident has received and retained under Title 17‑A, section
9 2302, subsection 1; section 2305; section 2307; section 2308; section 2309; section
10 2310; or section 2311.
11 C-1. If the commissioner determines that the average statewide probation case load is
12 no more than 90 probationers persons on probation to one probation officer, then a
13 prisoner resident of a correctional facility may be transferred to supervised community
14 confinement if that prisoner resident has no more than 30 months remaining on the
15 term of imprisonment or, in the case of a split sentence, on the unsuspended portion,
16 after consideration of any deductions that the prisoner resident has received and
17 retained under Title 17‑A, section 2302, subsection 1; section 2305; section 2307;
18 section 2308; section 2309; section 2310; or section 2311.
19 D. A prisoner resident of a correctional facility may not be transferred to supervised
20 community confinement if the prisoner resident has a custody classification level
21 higher than minimum.
22
23 for determining whether a prisoner resident of a correctional facility eligible for transfer to
24 supervised community confinement as provided in subsection 2 is approved for transfer.
25 The primary determining factor for approval must be the prisoner’s resident's likelihood of
26 completion of supervised community confinement if transferred.
27 A. The criteria must be evidence-based and designed to evaluate the likelihood of a
28 prisoner’s completion by a resident of a correctional facility of supervised community
29 confinement if transferred. The criteria must be specific and include, but may not be
30 limited to, fulfillment of expectations as to conduct, fulfillment of expectations as to
31 work, education and rehabilitation programs assigned in the case plan, other
32 rehabilitative efforts and accomplishments, arrangements for suitable housing in the
33 community, taking into consideration the proximity of this housing to the victim, and
34 the existence of support systems and resources in the community.
35 B. The process must reflect best practices for evaluating the likelihood of a prisoner’s
36 completion by a resident of a correctional facility of supervised community
37 confinement if transferred and must provide guidance to department staff as to how to
38 apply the established criteria when conducting the evaluation. The process must
39 require, when information is obtained by the department from persons in the
40 community for the purpose of determining whether to approve a prisoner resident for
41 transfer to supervised community confinement, that those persons be informed of the
42 prisoner’s resident's fulfillment of expectations as to conduct, fulfillment of
43 expectations as to work, education, and rehabilitation programs assigned in the case
44 plan and other rehabilitative efforts and accomplishments. The process must also
45 include the right of a prisoner resident who is eligible for transfer to supervised
1
2
3 Page 11 - 131LR1196(01)
46 community confinement as provided in subsection 2 but who has not been approved
47 for transfer to appeal that determination to the commissioner.
3
4 Residents of a correctional facility transferred to supervised community confinement are
5 clients when they are accepted into supervised community confinement and are subject to
6 the following mandatory conditions.
7 A. The prisoner client must be involved in a program of work or education that is
8 approved by the commissioner together with any treatment program that the
9 commissioner might require. The commissioner may waive the requirement of
10 involvement in a program of work or education for a prisoner client who is involved in
11 an approved full-time treatment program.
12 B. The prisoner client must live in a residence that is approved by the commissioner.
13 C. The prisoner client must be subject to a curfew set by the commissioner during
14 which time the prisoner client must be at the approved residence.
15 D. The prisoner client must be subject to travel or movement restrictions set by the
16 commissioner limiting the prisoner's client's travel to times and places directly related
17 to approved employment, education, treatment or such other specific purposes as are
18 approved in advance by the commissioner.
19 E. The prisoner client must be subject to searches of the prisoner's client's person,
20 residence, papers and effects without a warrant and without probable cause, for items
21 prohibited by law or by the conditions of supervised community confinement or
22 otherwise subject to seizure, upon the request of the commissioner. The commissioner
23 may prohibit the prisoner client from residing with anyone who does not consent to a
24 search of the residence to the extent necessary to search the prisoner's client's person,
25 residence, papers and effects.
26 F. The prisoner client may not possess or use illegal drugs or other illegal substances,
27 may not possess or use alcohol and may not misuse any other legal substance.
28 G. The prisoner client must submit to urinalysis, breath testing or other chemical tests
29 without probable cause at the request of the commissioner.
30 H. The prisoner client must notify any law enforcement officer, if stopped, of the
31 prisoner's client's status as a prisoner person on supervised community confinement
32 and notify the commissioner within 8 hours of any such contact with any law
33 enforcement officer.
34 I. The prisoner client may not violate state or federal criminal law.
35 J. When required by the commissioner and to the extent that the commissioner
36 determines that the prisoner client has the financial resources, the prisoner client must
37 pay part or all of the costs of the prisoner's client's participation in the supervised
38 community confinement program.
39
40 supervised community confinement that may be imposed on a prisoner client at any time
41 include:
1
2 Page 12 - 131LR1196(01)
1 A. Any condition that may be imposed as a condition of probation pursuant to Title
2 17‑A, section 1807; and
3 B. Any condition that would be appropriate for the prisoner client and the supervised
4 community confinement program. The conditions imposed may be as stringent or
5 restrictive as, but not more stringent or restrictive than, those that may be
6 constitutionally imposed if the prisoner client were actually housed at a maximum
7 security institution.
8 residents of a
9 correctional facility as follows.
10 A. The commissioner shall provide to any prisoner resident of a correctional facility
11 permitted to participate in the supervised community confinement program under this
12 section a copy of the rules applicable to the program.
13 B. The prisoner resident of a correctional facility shall attest to the receipt of the copy
14 of the rules.
15 Prohibited acts under this section are governed as follows.
16 A. A person 18 years of age or older is guilty of interference with supervised
17 community confinement if that person intentionally or knowingly obstructs,
18 intimidates or otherwise abets any prisoner client participating in the supervised
19 community confinement program under this section and intentionally contributes or
20 causes the prisoner client to violate any term of supervised community confinement
21 program participation, after having been warned by the commissioner to end the
22 offending activity.
23 B. Interference with supervised community confinement is a Class D crime.
24
25 the commissioner determines appropriate, may investigate compliance with the conditions
26 imposed. The means of investigation may include, but are not limited to, the following:
27 A. Personal contact with the prisoner client at the prisoner's client's residence, place
28 of employment or any other place;
29 B. Direct inquiry of the prisoner's client's employer, school or any other person or
30 entity;
31 C. Criminal, court and law enforcement agency investigations; and
32 D. Credit and other financial inquiries.
33
34 Supervised Community Confinement Account established by the department, except that
35 where authorized by the department, a person participating in the supervised community
36 confinement program may be required to pay fees directly to a provider of electronic
37 monitoring, drug testing or other services. Funds from this account, which may not lapse,
38 must be used to pay for the costs of the supervised community confinement program.
39 client on supervised community
40 confinement violates a condition of supervised community confinement imposed on the
41 prisoner client and if the violation conduct is also a violation of a condition of probation
42 imposed as part of the sentence the prisoner client is serving while on supervised Page 13 - 131LR1196(01)
43 community confinement, a probation officer may file with any court a motion for
44 revocation of probation and the court may revoke probation as specified in Title 17‑A,
45 section 1812.
4 resident of a correctional facility.
5 With the consent of the prisoner resident of a correctional facility, the commissioner may
6 transfer a prisoner resident of a correctional facility committed to the department from a
7 correctional facility to supervised community confinement status without meeting the
8 eligibility requirements of subsection 2, paragraphs B and C and without meeting the
9 criteria or fulfilling the process provided for under subsection 2-A if the department's
10 director of medical care has determined that the prisoner resident of a correctional facility
11 has a terminal or severely incapacitating medical condition and that care outside a
12 correctional facility is medically appropriate. A resident of a correctional facility
13 transferred under this subsection becomes a client notwithstanding that the person does not
14 meet the requirements for supervised community confinement. Except as set out in this
15 subsection, the prisoner client must live in a hospital or other appropriate care facility, such
16 as a nursing facility, residential care facility or a facility that is a licensed hospice program
17 pursuant to Title 22, section 8622, approved by the commissioner. As approved by the
18 commissioner, the prisoner client may receive hospice services from an entity licensed
19 pursuant to Title 22, chapter 1681, subchapter 1 or other care services provided by an entity
20 approved by the commissioner and, subject to approval by the commissioner, may live at
21 home while receiving these services. The commissioner may exempt a prisoner client
22 transferred to supervised community confinement pursuant to this subsection from any
23 mandatory condition under subsection 3 that the commissioner determines to be
24 inapplicable. The prisoner client shall provide any information pertaining to the prisoner's
25 client's medical condition or care that is requested by the commissioner at any time while
26 the prisoner client is on supervised community confinement. If the commissioner
27 determines that the prisoner client has failed to fully comply with a request or if at any time
28 the department's director of medical care determines that the prisoner client does not have
29 a terminal or severely incapacitating medical condition or that care outside a correctional
30 facility is not medically appropriate, the commissioner shall revoke the transfer to
31 supervised community confinement.
32
33 community confinement at any time for any reason in the commissioner's discretion.
34 residents of a correctional facility. The department
35 shall make available to all prisoners residents of a correctional facility written information
36 about supervised community confinement, including eligibility requirements, the
37 application process and the criteria and process for determining whether a prisoner resident
38 of a correctional facility eligible for transfer to supervised community confinement may be
39 approved for transfer.
40 residents of a
41 correctional facility who apply for supervised community confinement and approval, denial
42 and, if approved, completion of the program. Such data must include, but is not limited to,
43 demographic data regarding race and ethnicity, gender, age and convictions leading to the
44 prisoner’s resident's current incarceration.
1
2
3 Page 14 - 131LR1196(01)
1 as enacted by PL 2019, c. 396, §1, is amended to
2 read:
3
4
5 house" means a correctional program provided by the department through a written contract
6 with one or more private employers under which the employers provide and maintain
7 housing for specified prisoners clients, employ those prisoners clients and provide to those
8 prisoners clients all meals, laundry facilities and transportation to and from job sites. A
9 reentry house is not a correctional facility. A reentry house must meet all state and local
10 building and life safety codes for the type of building in which the reentry house is located.
11
12 reentry houses for the purpose of providing housing and other assistance to prisoners clients
13 transferred to supervised community confinement under section 3036‑A.
14
15 provide other assistance to prisoners clients housed at a reentry house, including, but not
16 limited to, assistance with reentry planning.
17 resident of a correctional facility may be transferred to
18 supervised community confinement to be housed in a reentry house only if the prisoner
19 resident of a correctional facility meets all of the eligibility requirements of section 3036‑A
20 and the rules adopted by the commissioner pursuant to section 3036‑A, has successfully
21 participated in a work release program at a department facility and has the skills necessary
22 to perform a job available from a private employer with which the department has
23 contracted.
24‑A and the rules adopted by the
25 commissioner pursuant to section 3036‑A apply to a prisoner client housed at a reentry
26 house, and supervision of the prisoner client must be conducted by a probation officer in
27 the same manner as for any other prisoner client transferred to supervised community
28 confinement.
29 client who is transferred to supervised community confinement
30 who intentionally violates a requirement to reside at a reentry house or otherwise escapes
31 is guilty of escape under Title 17‑A, section 755.
32 as enacted by PL 1997, c. 358, §4 and amended by
33 PL 2003, c. 689, Pt. B, §6, is further amended to read:
34
35 A prisoner resident of a correctional facility may not participate in an industry program
36 under section 1403, a work program under section 3035 or any other program administered
37 by the department by which a prisoner resident is able to generate money unless the
38 prisoner resident consents to pay at least 25% of that money for the support of any
39 dependent child if the parent, legal guardian or legal custodian of the child requests that
40 payment. Upon the written request of a parent, legal guardian or legal custodian, the chief
41 administrative officer of the correctional facility where the prisoner resident is incarcerated
42 shall collect and disburse to the parent, legal guardian or legal custodian that portion of the
43 prisoner's resident's money to be paid for the support of the dependent child. This section Page 15 - 131LR1196(01)
44 does not apply to any prisoner resident making payments for the support of a dependent
45 child pursuant to a support order issued by a court or by the Department of Health and
46 Human Services.
4
5 amended to read:
6
7 resident of a correctional facility. The commissioner, chief
8 administrative officer or other official having custody of a prisoner resident of a
9 correctional facility serving a term of imprisonment in a correctional facility in this State
10 shall promptly inform the prisoner resident in writing of:
11 A. The source and contents of any untried indictment, information or complaint
12 pending in this State against the prisoner resident of which the commissioner, warden
13 or other official has knowledge; and
14 B. The prisoner's right of the resident to request a final disposition of the untried
15 indictment, information or complaint.
16 resident of a correctional facility serving a term of
17 imprisonment in a correctional facility in this State is entitled to be brought to trial on any
18 untried indictment, information or complaint pending in this State against him the resident
19 within 180 days after giving proper notice in accordance with subsections 3 and 4.
20 resident
21 of a correctional facility must send to the prosecuting official of the county in which the
22 indictment, information or complaint is pending, and to the appropriate court, the
23 following:
24 A. Written notice of the place of imprisonment;
25 B. Written notice of the request for final disposition to be made of the untried
26 indictment, information or complaint; and
27 C. A certificate of the commissioner, warden or other official having custody of the
28 prisoner resident stating:
29 (1) The term of commitment under which the prisoner resident is held;
30 (2) The time already served on the sentence;
31 (3) The time remaining to be served;
32 (4) The total of deductions received and retained;
33 (5) The time of parole eligibility of the prisoner resident; and
34 (6) Any decisions of the State Parole Board relating to the prisoner resident.
35
36 subsection 2 is as follows.
37 A. The prisoner resident of a correctional facility shall give or send the written notice
38 of place of imprisonment and the written notice of request for final disposition to the
39 commissioner, warden or other official having custody of him the resident.
1
2
3 Page 16 - 131LR1196(01)
1 B. The commissioner, warden or other official having custody of the prisoner resident
2 shall promptly forward the written notices, together with the certificate to the
3 appropriate prosecuting official and court by registered or certified mail, return receipt
4 requested.
5 resident of a
6 correctional facility or his the resident's counsel being present, the court having jurisdiction
7 of the matter may grant any necessary or reasonable continuance.
8 If the prisoner resident of a correctional facility is not brought to
9 trial on the untried indictment, information or complaint within 180 days after the prisoner
10 resident gave or sent proper notice under subsection 2:
11 A. The untried indictment, information or complaint is no longer of any force or effect;
12 B. No court has jurisdiction over it; and
13 C. The appropriate court shall enter an order dismissing it with prejudice.
14 resident of a correctional facility escapes from
15 custody after his the resident's execution of the request for final disposition, his the
16 resident's request is voided.
17 This section does not apply to any person adjudged to be mentally ill.
18
19 amended to read:
20
21 When any prisoner resident of a correctional facility sentenced to the department is
22 paroled or discharged, the commissioner:
23 Shall ensure that the prisoner person is provided with decent clothing;
24 person an amount equal to the net salary of a single
25 wage earner with no dependents for 40 hours of work at the state minimum wage less all
26 applicable state and federal deductions except that any amount in excess of $50 may not be
27 provided by the General Fund, except that the commissioner may not give money to a
28 prisoner person who:
29 A. Has, within the 6 months prior to the date of parole or discharge, transferred from
30 the department's general client account to any person more than $500, excluding any
31 money transferred for the support of dependents; or
32 B. Has, on the date of parole or discharge, more than $500 in personal assets.
33 Money received by the prisoner person under this subsection is not subject to section 3032,
34 subsection 5‑A or 5-B or Title 17‑A, section 2016, subsection 2;
35 person
36 was convicted, except that:
37 A. If the prisoner's home of the person is within the State, transportation must be
38 furnished to the prisoner's home of the person;
39 B. If the prisoner person has secured employment within the State, transportation must
40 be furnished to the place of employment; Page 17 - 131LR1196(01)
1 C. If the prisoner's home of the person is outside the State, or if the prisoner person
2 has secured employment outside the State, transportation must be furnished to the place
3 on the Maine border nearest the place of employment; or
4 D. If the prisoner person requests a reasonable place nearer the place of incarceration
5 than any of the foregoing, transportation must be furnished to that place; or
6 of
7 the person is outside the State, or if the prisoner person has secured employment outside
8 the State, furnish transportation to the prisoner's home or place of employment of the
9 person.
10 as enacted by PL 2007, c. 546, §1, is amended to read:
11
12 The commissioner shall adopt rules that provide for the accommodation of any prisoner
13 resident of a correctional facility who expresses a desire to practice a religion of the
14 prisoner's resident's choice as long as the practice does not present a threat to the safety,
15 security or orderly management of the facility in which the prisoner resident is housed.
16 The rules must be consistent with all federal requirements. Rules adopted under this section
17 are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
18 as amended by PL 1991, c. 314, §54, is
19 further amended to read:
20 resident of a
21 correctional facility sentenced to the department to a federal penal or correctional
22 institution if the United States Federal Bureau of Prisons accepts the commissioner's
23 application for transfer of the prisoner resident. A person transferred under this section is
24 considered a resident of a correctional facility for the purposes of this section.
25 as amended by PL 1991, c. 314, §55, is
26 further amended to read:
27 B. The chief administrative officer shall affix to the contract a copy of the mittimus or
28 mittimuses under which the prisoner resident of a correctional facility is held.
29 as enacted by PL 1983, c. 459, §6, is
30 amended to read:
31 C. The contract and mittimus or mittimuses are sufficient authority for the United
32 States to hold the prisoner resident of a correctional facility on behalf of the State.
33 as enacted by PL 1983, c. 459, §6, is amended
34 to read:
35 resident of a correctional facility. The rights of transferred
36 prisoners residents of a correctional facility are governed as follows.
37 A. A prisoner resident of a correctional facility transferred under this section is subject
38 to the terms of his the resident's original sentence or sentences as if he the resident were
39 serving the sentence or sentences within the confines of the prison correctional facility
40 from which the person was transferred. Page 18 - 131LR1196(01)
1 B. Nothing in this section deprives a prisoner resident of a correctional facility
2 transferred under this section of his the resident's rights to parole or his the resident's
3 rights to legal process in the courts of this State.
4 as enacted by PL 2015, c. 335, §28, is amended to
5 read:
6
7 The commissioner may accept custody of prisoners residents of a jail transferred to the
8 department from county jails under Title 30‑A, section 1557‑B.
9 as enacted by PL 2015, c. 335, §28, is
10 amended to read:
11 resident of a correctional facility. The commissioner may
12 transfer a prisoner resident of a correctional facility serving a sentence in a correctional
13 facility to a county jail, upon the request of the chief administrative officer and the approval
14 of the sheriff of the jail.
15 as enacted by PL 2015, c. 335, §28, is
16 amended to read:
17
18 the prisoner resident of a correctional facility.
19 as amended by PL 2021, c. 732, Pt. D, §6
20 and affected by §7, is further amended to read:
21
22 receiving jail pursuant to this section, the department shall pay directly to the jail
23 reimbursement in accordance with this subsection.
24 A. During a state fiscal year in which the funding required by section 1210‑E,
25 subsection 2 has been appropriated to the County Jail Operations Fund and
26 disbursements have been made equal to the amount due to the counties as required by
27 section 1210‑E, the receiving jail may charge the department for the transferred
28 prisoner resident of a correctional facility a rate to be negotiated between the sheriff of
29 the jail and the department that is no higher than $25 per diem per prisoner resident.
30 B. During a state fiscal year in which less than the funding required by section 1210‑E,
31 subsection 2 has been appropriated to the County Jail Operations Fund or
32 disbursements have not been made equal to the amount due to the counties as required
33 by section 1210‑E, the receiving jail may charge the department for the transferred
34 prisoner resident of a correctional facility a rate to be negotiated between the sheriff of
35 the county jail and the department that is no higher than $108 per diem per prisoner
36 resident.
37 C. The department shall reimburse the receiving jail for any costs incurred in the
38 provision of extraordinary medical or surgical treatment for conditions of the prisoner
39 resident of a correctional facility that existed prior to transfer.
40 D. Payment amounts provided for in this section may be adjusted or dispensed with
41 upon terms mutually agreeable to the commissioner and the sheriff of the receiving jail. Page 19 - 131LR1196(01)
1
2 §100, is further amended to read:
3 resident of a correctional facility
4 transferred under this section is subject to the general rules of the facility to which the
5 prisoner resident is transferred, except that for a prisoner resident who has been sentenced:
6 A. The term of the original sentence remains the same unless altered by the court;
7 B. The prisoner transferred resident becomes eligible for deductions as provided in
8 Title 17‑A, section 2302, subsection 1; section 2305; section 2307; section 2308;
9 section 2309; section 2310; or section 2311 for a prisoner committed to the department
10 resident;
11 C. The prisoner transferred resident becomes eligible for release and discharge as
12 provided in Title 17‑A, section 2314, subsection 1 for a prisoner committed to the
13 department resident;
14 D. The prisoner transferred resident is entitled to have the time served in the jail under
15 this section deducted from the sentence; and
16 E. The prisoner transferred resident becomes eligible for furloughs, work or other
17 release programs, and supervised community confinement as authorized by sections
18 3035 and 3036‑A and may apply pursuant to the rules governing the correctional
19 facility from which the prisoner transferred resident was transferred.
20 as enacted by PL 2015, c. 335, §28, is
21 amended to read:
22 resident of a correctional facility. A prisoner resident of a
23 correctional facility transferred pursuant to this section must be returned to the department
24 upon the request of the commissioner or the sheriff.
25 as amended by PL 2007, c. 102, §10, is
26 further amended to read:
27 resident of a correctional facility has been
28 determined by a competent medical authority to require inpatient treatment for mental
29 illness, the chief administrative officer of that facility shall make application in accordance
30 with Title 34‑B, section 3863.
31 A. Any person with respect to whom an application and certification under Title 34‑B,
32 section 3863 are made may be admitted to either state mental health institute.
33 B. Except as otherwise specifically provided in this section, Title 34-B, chapter 3,
34 subchapter 4, Article 3 is applicable to the person as if the admission of the person were
35 applied for under Title 34-B, section 3863.
36 C. A copy of the document by which the person is held in the facility must accompany
37 the application for admission.
38 D. If the sentence being served at the time of admission has not expired or commitment
39 has not been terminated in accordance with law at the time the person is ready for
40 discharge from hospitalization, the person must be returned by the appropriate officers
41 of the correctional facility. Page 20 - 131LR1196(01)
1 E. Admission to a mental health institute under this section has no effect upon a
2 sentence then being served or a commitment then in effect. The sentence continues to
3 run and the commitment remains in force, unless terminated in accordance with law.
4 While the sentence or commitment is in effect, the person may not receive a privilege,
5 including, but not limited to, a furlough or its equivalent, a funeral or deathbed visit or
6 the use of tobacco, unless the chief administrative officer of the correctional facility
7 approves the receipt of the privilege.
8 as enacted by PL 2003, c. 482, Pt. C, §1 and
9 amended by c. 689, Pt. B, §6, is amended to read:
10 residents of a correctional
11 Beginning October 1, 2003, the Department
12 of Health and Human Services, utilizing its medical directors and forensic psychiatrists,
13 shall review the use of seclusion and restraint with prisoners residents with major mental
14 illness in all adult correctional facilities. The department and the Department of Health
15 and Human Services shall agree to the design and scope of this review. This review must
16 include, but not be limited to, a case review of the rates of and duration of such practices
17 with prisoners residents with major mental illness, whether the use of seclusion and
18 restraint is appropriate and whether there is a pattern of restraint and seclusion with any
19 particular prisoners residents with major mental illness. Beginning December 30, 2004 and
20 annually thereafter, the Department of Health and Human Services shall issue a written
21 report that includes its findings and recommendations for improvements determined to be
22 necessary. That report must be forwarded to the commissioner and to the joint standing
23 committee of the Legislature having jurisdiction over criminal justice and public safety
24 matters.
25 as amended by PL 2017, c. 147, §4, is further
26 amended to read:
27 residents of a jail for mental health services
28 residents of a jail. The commissioner may transfer from a jail to
29 a correctional facility an adult inmate resident of a jail who the chief administrative officer
30 of the Riverview Psychiatric Center confirms is eligible for admission to a state mental
31 health institute under Title 34‑B, section 3863, but for whom no suitable bed is available,
32 for the purpose of providing to the inmate person mental health services in a mental health
33 unit of a correctional facility that provides intensive mental health care and treatment. The
34 commissioner may not transfer pursuant to this section a person who has been found not
35 criminally responsible by reason of insanity. The commissioner may return an inmate a
36 person transferred pursuant to this subsection back to the sending facility.
37 For purposes of this subsection, "intensive mental health care and treatment" has the same
38 meaning as in section 3049, subsection 1.
39
40 adult inmate resident of a jail whom the court orders to be examined or further evaluated
41 by the State Forensic Service under Title 15, section 101‑D, subsection 1, 2, 3 or 9 if the
42 State Forensic Service determines that the jail where the inmate person is incarcerated
43 cannot provide an appropriate setting for the examination but that a mental health unit in a
44 correctional facility can provide an appropriate setting for the examination. The
45 commissioner shall return an inmate a person transferred pursuant to this subsection back Page 21 - 131LR1196(01)
46 to the sending facility upon the completion of the examination ordered, including any
47 further evaluation ordered, unless the commissioner transferred the inmate person for
48 another reason in addition to the examination.
4 resident of a jail who
5 has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4, the
6 commissioner may make it a prerequisite to a transfer of the inmate resident of the jail
7 under this section that necessary information be disclosed to the department pursuant to
8 Title 34‑B, section 1207, subsection 1, paragraph B.
9
10 inmates residents of a jail, whether detained pending a trial or other court proceeding or
11 sentenced, apply to inmates persons transferred under this section.
12
13 commissioner to transfer an adult inmate resident of a jail from a jail to a correctional
14 facility or precludes the commissioner from transferring an adult inmate resident of a jail
15 from a jail to a correctional facility at any time for any other reason at the commissioner's
16 discretion.
17 as enacted by PL 2001, c. 228, §2, is amended to read:
18
19 Notwithstanding any other provision of law to the contrary, transportation of a prisoner
20 resident of a correctional facility between a correctional facility and a court in connection
21 with the prosecution of the prisoner resident of a correctional facility for a crime committed
22 within a correctional facility is the responsibility of the department, unless the department
23 and the sheriff agree that the sheriff will undertake the responsibility of the transportation
24 at an agreed-upon rate of reimbursement to the county by the department.
25
26
27 RESIDENTS OF A CORRECTIONAL FACILITY
28
29 as enacted by PL 2015, c. 315, §4, is amended
30 to read:
31
32 control the movement of a prisoner's or juvenile's the body or limbs of a resident of a
33 correctional facility or a juvenile, including, but not limited to, disposable or soft restraints,
34 handcuffs, a security restraint system that combines handcuffs with a rigid component, leg
35 irons, belly chains, a security or tether chain and a convex shield.
36 as enacted by PL 2015, c. 315, §4, is amended to read:
37 residents of a correctional facility and
38
1
2
3 Page 22 - 131LR1196(01)
1
2 restraints on a prisoner resident of a correctional facility or juvenile known to be pregnant,
3 including during transport to a medical facility or birthing center, labor, delivery and
4 postpartum recovery, unless the chief administrative officer or the designee of the chief
5 administrative officer makes a determination that the prisoner resident or juvenile presents
6 an extraordinary circumstance as described in subsection 2.
7 resident of a correctional
8 facility or a pregnant juvenile for an extraordinary circumstance is permitted only if the
9 chief administrative officer or the designee of the chief administrative officer makes a
10 determination that there is a substantial flight risk or other extraordinary medical or security
11 circumstance that requires restraints to be used to ensure the safety and security of the
12 pregnant prisoner resident or pregnant juvenile, the staff of the correctional facility,
13 detention facility or medical facility, other prisoners residents or juveniles or the public,
14 except that:
15 A. If a doctor, nurse or other health professional treating the prisoner resident or
16 juvenile requests that restraints not be used, the corrections officer accompanying the
17 prisoner resident or juvenile shall immediately remove all restraints; and
18 B. Notwithstanding this subsection, leg or waist restraints may not be used at any time,
19 and restraints may not be used on a prisoner resident or juvenile in labor or childbirth.
20 resident of a correctional
21 facility or pregnant juvenile pursuant to subsection 2:
22 A. The corrections officer must apply the least restrictive type of restraints in the least
23 restrictive manner necessary; and
24 B. The chief administrative officer or the designee of the chief administrative officer
25 shall make written findings within 10 days as to the extraordinary circumstance that
26 required the use of the restraints. These findings must be kept on file by the correctional
27 facility or detention facility for at least 5 years and must be made available for public
28 inspection, except that individually identifying information of any prisoner resident or
29 juvenile may not be made public under this paragraph without the prior written consent
30 of the prisoner resident or juvenile.
31 resident of a correctional facility or juvenile is admitted
32 to a medical facility or birthing center for labor or childbirth, a corrections officer may not
33 be present in the room during labor or childbirth unless specifically requested by medical
34 personnel. If a corrections officer's presence is requested by medical personnel, the
35 corrections officer must be female if practicable.
36 as enacted by PL 2015, c. 315, §4, is amended to read:
37
38 A correctional facility or detention facility shall inform all female prisoners residents
39 of correctional facilities and juveniles of the rules developed pursuant to section 3103 upon
40 admission to the correctional facility or detention facility and shall include the rules in any
41 handbook provided to female prisoners residents or juveniles.
42 as repealed and replaced by PL 1999, c. 583,
43 §18, is amended to read: Page 23 - 131LR1196(01)
1
2 and control the prisoners residents of the prison, pretrial detainees, employees, grounds,
3 buildings and equipment at the prison.
4 as enacted by PL 1983, c. 459, §6, is
5 amended to read:
6 B. If a prisoner at resident of the prison resists the authority of any uniformed or
7 ununiformed officer or refuses to obey his the officer's lawful commands, the officer
8 shall immediately enforce obedience.
9 as enacted by PL 1983, c. 459, §6, is
10 amended to read:
11 C. Labor diligently and faithfully for the mental, moral and religious improvement of
12 the prisoners residents of the prison; and
13 as enacted by PL 1983, c. 459, §6, is
14 amended to read:
15 D. Aid the prisoners residents of the prison, when practicable, in obtaining
16 employment after their discharge.
17
18
19 RESIDENTS OF THE MAINE STATE PRISON
20 as amended by PL 1999, c. 583, §22, is further
21 amended to read:
22
23 Prisoners in the prison Residents of the prison shall work at tasks normal to the
24 maintenance, service, industrial, agricultural and other activities of the prison.
25
26 §24, is amended to read:
27
28 The Maine Correctional Center in South Windham, referred to in this subchapter as
29 "the center," is established for the confinement and rehabilitation of persons, male and
30 female, lawfully in the custody of the department, as provided by law.
31 as amended by PL 2013, c. 508, §1, is further
32 amended to read:
33
34 and control the prisoners residents of the center, pretrial detainees, employees, grounds,
35 buildings and equipment at the center.
36 as amended by PL 2013, c. 508, §2, is further amended
37 by amending the section headnote to read: Page 24 - 131LR1196(01)
1 Residents of the Maine Correctional Center generally
2 as amended by PL 2013, c. 508, §2, is further
3 amended to read:
4 residents of
5 the center are governed as follows.
6 A. The warden shall detain and confine all persons committed to the department in
7 accordance with the sentences of the courts and with the rules of the department.
8 B. The warden shall provide for the safekeeping or employment of persons committed
9 to the department in order to teach them a useful trade or profession and to improve
10 their mental and moral condition, which may include work involving public restitution.
11 as repealed and replaced by PL 2019, c.
12 343, Pt. LLLL, §2, is amended to read:
13 B. The superintendent shall supervise and control the prisoners at residents of the
14 Downeast Correctional Facility in accordance with departmental rules.
15 as amended by PL 2019, c. 343, Pt. LLLL, §3, is
16 further amended to read:
17 Residents of the Downeast Correctional Facility generally
18 residents of the Downeast Correctional Facility shall
19 must be detained and confined in accordance with the sentences of the court and the rules
20 of the department.
21
22 career and technical education of the prisoners residents of the Downeast Correctional
23 Facility. The superintendent shall maintain necessary equipment and employ suitable
24 qualified instructors as necessary to carry out the objectives of the facility's programs.
25
26 residents of the Downeast Correctional Facility on public works with any department,
27 agency or entity of the State, county or local government and may authorize the use of
28 prisoners residents of the Downeast Correctional Facility to provide assistance in the
29 improvement of property owned by nonprofit organizations.
30 A. The commissioner shall promulgate adopt such rules as he deems the commissioner
31 determines proper to ensure the care and treatment of the prisoners residents and the
32 safe working conditions of prisoners residents and departmental employees.
33 B. The purpose of the employment authorized in this subsection is to provide training
34 to the prisoner resident and to be a form of public restitution for the crime or crimes
35 committed by the prisoner resident.
36 C. The commissioner may request that nonprofit organizations pay for the
37 transportation of the prisoners residents and pay the per diem compensation of
38 correctional officers or instructors who must accompany the prisoners residents or
39 oversee the work to be performed. Page 25 - 131LR1196(01)
1 A resident of the Downeast Correctional Facility who escapes
2 from the facility, or from any assignment beyond the grounds of the facility, to include
3 community-rehabilitative programs, is guilty of escape under Title 17‑A, section 755.
4 as enacted by PL 2017, c. 148, §12, is amended to
5 read:
6 residents
7 The purposes of the Mountain View Correctional Facility with respect to prisoners
8 residents of that facility include vocational and academic education and rehabilitative
9 programs, including work release and work involving public restitution.
10
11 amended to read:
12 C. The superintendent shall supervise and control the prisoners at residents of the
13 Mountain View Correctional Facility in accordance with department rules.
14 as amended by PL 2017, c. 148, §26, is further
15 amended to read:
16 residents of the Mountain View Correctional
17
18 The commissioner may confine adults sentenced and committed to the custody of the
19 department in the Mountain View Correctional Facility as long as the housing facilities for
20 prisoners residents of that facility are fully separated from the housing facilities for juvenile
21 detainees and juvenile clients and the commissioner maintains at all times full compliance
22 with mandatory sight and sound separation standards established by federal law. All
23 provisions of this Title that are applicable to prisoners residents apply to prisoners residents
24 confined in the Mountain View Correctional Facility as if they were confined in a
25 correctional facility housing only adults.
26 as enacted by PL 2017, c. 148, §27, is amended to
27 read:
28 Residents of the Mountain View Correctional Facility generally
29
30 prisoners residents of a correctional facility must be evaluated for security status, program
31 needs and emotional stability by the classification process approved by the commissioner.
32 residents of a correctional facility. All prisoners residents
33 of a correctional facility transferred to the Mountain View Correctional Facility must be
34 detained and confined in accordance with the sentences of the court and the rules of the
35 department.
36
37 career and technical education of the prisoners residents of the Mountain View Correctional
38 Facility.
39 A. The superintendent shall maintain necessary equipment and employ suitable
40 qualified instructors as necessary to carry out the objectives of the Mountain View
41 Correctional Facility's programs. Page 26 - 131LR1196(01)
1 B. Before employing instructors in career and technical education, the superintendent
2 shall obtain the approval of the Department of Education.
3
4 residents of the Mountain View Correctional Facility on public works with any department,
5 agency or entity of the State or county or local government and may authorize the use of
6 prisoners residents of the Mountain View Correctional Facility to provide assistance in the
7 improvement of property owned by nonprofit organizations.
8 A. The commissioner shall adopt rules that the commissioner considers proper to
9 ensure the care and treatment of the prisoners residents and the safe working conditions
10 of prisoners residents and department employees.
11 B. The purpose of the employment authorized in this subsection is to provide training
12 to the prisoner resident and to be a form of public restitution for the crime or crimes
13 committed by the prisoner resident.
14 C. The prisoners residents employed under this subsection may not be compensated
15 monetarily for the work performed.
16 D. The commissioner may request that nonprofit organizations pay for the
17 transportation of the prisoners residents and pay the per diem compensation of
18 correctional officers or instructors who must accompany the prisoners residents or
19 oversee the work to be performed.
20 resident who escapes from the Mountain View Correctional
21 Facility, or from any assignment beyond the grounds of the facility, is guilty of escape
22 under Title 17‑A, section 755.
23 as enacted by PL 2013, c. 508, §7, is
24 amended to read:
25 B. The director shall supervise and control the prisoners at the facility residents of the
26 Bolduc Correctional Facility in accordance with departmental rules.
27 as enacted by PL 2013, c. 508, §7, is amended to read:
28 Residents of the Bolduc Correctional Facility generally
29 residents of a correctional facility transferred to
30 the Bolduc Correctional Facility. All prisoners residents of a correctional facility
31 transferred to the facility Bolduc Correctional Facility must be detained and confined in
32 accordance with the sentences of the court and the rules of the department.
33
34 and technical education of the prisoners residents of the Bolduc Correctional Facility. The
35 director shall maintain necessary equipment and employ suitable qualified instructors as
36 necessary to carry out the objectives of the facility's programs.
37
38 residents of the facility Bolduc Correctional Facility on public works with any department,
39 agency or entity of state, county or local government and may authorize the use of prisoners
40 residents of the Bolduc Correctional Facility to provide assistance in the improvement of
41 property owned by nonprofit organizations. Page 27 - 131LR1196(01)
1 A. The commissioner shall adopt those rules as the commissioner considers proper to
2 ensure the care and treatment of the prisoners residents and the safe working conditions
3 of prisoners the residents and departmental employees. Rules adopted pursuant to this
4 paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
5 B. The purpose of the employment authorized in this subsection is to provide training
6 to the prisoner residents and to be a form of public restitution for the crime or crimes
7 committed by the prisoner.
8 C. The prisoners residents employed under this subsection may not be compensated
9 monetarily for work performed.
10 D. The commissioner may request that nonprofit organizations pay for the
11 transportation of the prisoners residents and pay the per diem compensation of
12 correctional officers or instructors who must accompany the prisoners residents or
13 oversee the work to be performed.
14 resident of the Bolduc Correctional Facility who escapes
15 from the facility, or from any assignment beyond the grounds of the facility, including
16 assignment with community-rehabilitative programs, is guilty of escape under Title 17‑A,
17 section 755.
18 as amended by PL 2003, c. 706, Pt. B, §3, is
19 further amended to read:
20
21 interference with probation if that person willfully obstructs, intimidates or otherwise abets
22 a probationer person on probation under the supervision and control of the department and
23 thereby causes or contributes to causing the probationer person on probation to violate the
24 conditions of that person's probation, after having been warned in writing by the
25 commissioner to end that person's relationship or association with the probationer person
26 on probation.
27 A. Interference with probation is a Class E crime, except that, notwithstanding Title
28 17‑A, it is punished by a fine of not more than $500 or by imprisonment for not more
29 than 11 months, or by both.
30 B. This subsection applies to interferences with the probation of probationers persons
31 on probation who are under the supervision and control of the department at the request
32 of other states under terms of the Interstate Compact for Adult Offender Supervision
33 and the Interstate Compact for Juveniles.
34 as amended by PL 2013, c. 491, §6, is
35 further amended to read:
36 B. Appoint, subject to the Civil Service Law, field probation and parole officers,
37 juvenile community corrections officers and such other employees as may be required
38 to carry out adequate supervision of all probationers persons on probation, parolees
39 from the correctional facilities and other persons placed under the supervision of an
40 employee listed in this paragraph;
41 as amended by PL 1995, c. 502, Pt. F,
42 §34, is further amended to read: Page 28 - 131LR1196(01)
1 M. Aggregate the statistics contained in any reports the department receives on
2 individual probationers persons on probation and make the aggregated statistics
3 available to other state agencies provided as long as the data is aggregated in such a
4 way that statistics pertaining to any individual probationer person on probation can not
5 be disaggregated.
6 as enacted by PL 2005, c. 265, §21, is
7 amended to read:
8 F. Provide for necessary assessment and supervision procedures and direct the use of
9 adult probation resources and staff to the management of adult probationers persons on
10 probation with a high risk of reoffending.
11 is amended to read:
12
13 RESIDENTS OF
14
15 as amended by PL 2013, c. 508, §8, is further
16 amended to read:
17 The board may grant a parole from a penal or correctional institution the Maine State
18 Prison and the Maine Correctional Center after the expiration of the period of confinement,
19 less deductions for good behavior, or after compliance with conditions provided for in
20 section 5803 applicable to the sentence being served by the prisoner or inmate resident of
21 the correctional facility. It may revoke a parole when a condition of the parole is violated.
22 as enacted by PL 1983, c. 459, §6, is amended to read:
23 or Maine Correctional Center
24 A prisoner at resident of the Maine State Prison or Maine Correctional Center becomes
25 eligible for a hearing by the board as follows:
26
27 expiration of the prisoner's resident's minimum term of imprisonment, less the deduction
28 for good behavior, when the law provides for a minimum-maximum sentence;
29
30 term of imprisonment imposed by the court, less the deduction for good behavior, when
31 the prisoner resident has been convicted of an offense under Title 17, former section 1951,
32 3151, 3152 or 3153. This subsection applies to a prisoner resident who has been convicted
33 previously of an offense under Title 17, former section 1951, 3151, 3152 or 3153;
34
35 a 15-year term of imprisonment, less deduction for good behavior, when the prisoner
36 resident has been convicted of an offense punishable only by life imprisonment; and
37
38 term of imprisonment, less deduction for good behavior, when, following conviction, the
39 prisoner resident has been sentenced to a minimum term of 15 years or more. Page 29 - 131LR1196(01)
1 as enacted by PL 1983, c. 459, §6, is amended
2 to read:
3 a resident
4 of a correctional facility forfeits any deductions for good behavior earned while on parole.
5 as enacted by PL 1983, c. 459, §6, is amended
6 to read:
7 a sentence after
8 parole has been revoked, the prisoner a resident of a correctional facility may earn
9 deductions for good conduct.
10 as amended by PL 2013, c. 508, §14, is further
11 amended to read:
12
13 When a person who has been convicted under Title 17, former section 1951, 3151,
14 3152 or 3153 is paroled, the warden of the institution shall forward to the State Police a
15 copy of the person's record and a statement of facts necessary for full comprehension of
16 the case. Whenever any prisoner resident of a correctional facility who has been convicted
17 of an offense under Title 17, former section 1951, 3151, 3152 or 3153 is discharged in full
18 execution of the prisoner's resident's sentence, the warden shall make and forward to the
19 State Police a copy of the prison record of that prisoner resident together with a statement
20 of any fact or facts that the warden may consider necessary for a full comprehension of the
21 case.
22 To conform to
23 the respectful terms adopted by the Legislature in this Act, the Department of Corrections,
24 the Department of Health and Human Services and the Department of Public Safety shall
25 amend their rules, policies and procedures as the rules, policies and procedures are
26 amended for routine and other changes and shall reprint their forms and publications as
27 reprinting becomes necessary.
28
29 This bill changes language in the Maine Revised Statutes, Titles 22, 25 and 34-A to
30 respectful so-called person-first language. The bill also changes "prisoner" to "resident of
31 a correctional facility" and "probationer" to "person on probation." To conform to the
32 respectful terms adopted by the Legislature in this legislation, the bill requires the
33 Department of Corrections, the Department of Health and Human Services and the
34 Department of Public Safety to amend their rules, policies and procedures as the rules,
35 policies and procedures are amended for routine and other changes and to reprint their
36 forms and publications as reprinting becomes necessary.
29
30
31
32
33
34
35
36