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USA Statutes : maine
Title : Title 34-A. CORRECTIONS
Chapter : Chapter 01. GENERAL PROVISIONS
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Title 34-A - §1201. Legislative intent
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1201. Legislative intent
Recognizing the need to firmly control all of the State's correctional and detention facilities, provide for the safety of
staff and clients, undertake appropriate programming for the classification, education, rehabilitation and maintenance of
clients and assure an effective system for the supervision of parolees and probationers, it is the intent of the Legislature
to create a Department of Corrections to improve the administration of correctional facilities, programs and services for
clients.
[1991, c. 314, §9 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1202. Establishment
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1202. Establishment
There is established a Department of Corrections to be responsible for the direction and general administrative supervision,
guidance and planning of adult and juvenile correctional facilities and programs within the State.
[1983, c. 459, § 6 (new).]
1. Cabinet level. The department is a cabinet-level department.
[1983, c. 459, § 6 (new).]
2. Commissioner. The department is under the control and supervision of the Commissioner of Corrections.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1203. Office of Advocacy
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1203. Office of Advocacy
1. Establishment. The Office of Advocacy is established within the department to investigate the claims and grievances of clients, to investigate,
in conjunction with the Department of Health and Human Services, as appropriate, allegations of adult and child abuse or neglect
in correctional facilities and detention facilities and to advocate for compliance by the department, any correctional facility,
any detention facility or any contract agency with all laws, administrative rules and institutional and other policies relating
to the rights and dignity of clients.
[1991, c. 314, §10 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Chief advocate. A chief advocate shall direct and coordinate the program of the office.
A. The chief advocate shall report only to the commissioner.
[1983, c. 459, §6 (new).]
B. The chief advocate shall, with the approval of the commissioner, select other advocates needed to carry out the intent of
this section and who shall report only to the chief advocate.
[1983, c. 459, §6 (new).]
C. The chief advocate and all other advocates are classified state employees, except that the chief advocate may assign volunteers
and interns to duties within the office with the approval of the commissioner.
[1989, c. 925, §14 (amd).]
[1989, c. 925, §14 (amd).]
3. Duties. The Office of Advocacy, through the chief advocate and the other advocates, shall:
A. Receive or refer complaints made by clients;
[1991, c. 314, §11 (amd).]
B. Intercede on behalf of these persons with officials of the department, any correctional facility, any detention facility
or any contract agency or assist these persons in the initiation of grievance proceedings established by the commissioner
under section 1402, subsection 5;
[1991, c. 314, §11 (amd).]
C. Act as an information source regarding the rights of these persons, keep informed about all laws, administrative rules and
institutional and other policies relating to the rights and dignity of these persons and about relevant legal decisions and
other developments related to the field of corrections, both in this State and in other parts of the country; and
[1991, c. 314, §11 (amd).]
D. Make and publish reports necessary to the performance of the duties described in this section, except that only the chief
advocate may report any findings of the office to groups outside the department, such as legislative bodies, advisory committees
to the Governor, boards of visitors, law enforcement agencies and the press. The chief advocate shall report annually to
the joint committee of the Legislature having jurisdiction over corrections matters regarding the activities of the office.
A copy of the report must be provided to the Office of the Executive Director of the Legislative Council.
[1989, c. 925, §15 (amd).]
[1991, c. 314, §11 (amd).]
4. Powers. The Office of Advocacy, through the chief advocate and the other advocates, may:
A. Take action only on complaints which it deems not to be trivial or moot or for which there is clearly not another remedy
available; and
[1983, c. 459, §6 (new).]
B. Have access, limited only by the law, to the files, records and personnel of the department, any correctional facility,
any detention facility or any contract agency.
[1991, c. 314, §12 (amd).]
[1991, c. 314, §12 (amd).]
5. Confidentiality. Requests for action by the office shall be treated confidentially as follows.
A. Any request by a client for action by the office and all written records or accounts related to the request are confidential
as to the identity of the requesting person.
[1991, c. 314, §13 (amd).]
B. The records and accounts may be released only as provided in section 1216.
[2003, c. 205, §9 (amd).]
[2003, c. 205, §9 (amd).]
6. Protection for advocates. An advocate may not be disciplined or sanctioned for any actions taken on behalf of clients if the advocate acts within
the law and within the rules of the department.
[1989, c. 925, §16 (new).]
7. Protection for employees. Employees of the department may not be disciplined or sanctioned for reporting abuse or suspected abuse to an advocate.
[1989, c. 925, §16 (new).]
8. Budget. When submitting any budget request to the Legislature, the department and the Governor shall provide that all funds for
the Office of Advocacy be listed in a separate account.
[1989, c. 925, §16 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1987,
Ch. 744,
§10
(AMD).
PL 1989,
Ch. 925,
§14-16
(AMD).
PL 1991,
Ch. 314,
§10-13
(AMD).
PL 2003,
Ch. 205,
§9
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1204-A. Maine Correctional Advisory Commission (REPEALED)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1204-A. Maine Correctional Advisory Commission (REPEALED)
Section History:
PL 1989,
Ch. 808,
§3
(NEW).
PL 1991,
Ch. 314,
§14
(AMD).
PL 1993,
Ch. 225,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1204. Maine Correctional Advisory Commission (REPEALED)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1204. Maine Correctional Advisory Commission (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§8,59
(AMD).
PL 1983,
Ch. 812,
§256,257
(AMD).
PL 1985,
Ch. 666,
§1,2
(AMD).
PL 1989,
Ch. 503,
§B158
(AMD).
PL 1989,
Ch. 808,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1205-A. Correctional Medical Services Fund
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1205-A. Correctional Medical Services Fund
This section establishes the Correctional Medical Services Fund to provide the means for the development, expansion, improvement
and support of correctional medical services.
[2001, c. 386, §10 (new).]
1. Commissioner's powers. The commissioner may receive and use, for the purpose of this section, money appropriated by the State, grants from the
United States and funds from other sources.
[2001, c. 386, §10 (new).]
2. Correctional Medical Services Fund. All funds appropriated for the purpose of this section and all grants and other funds received by the department for the
purpose of this section must be credited to a special account in the department to be known as the Correctional Medical Services
Fund. State funds appropriated to this special account that are unexpended at the end of the fiscal year for which the funds
are appropriated do not lapse, but must carry forward into subsequent fiscal years to be expended for the purpose of this
section.
[2001, c. 386, §10 (new).]
Section History:
PL 2001,
Ch. 386,
§10
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1205. Statewide correctional program improvement (REPEALED)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1205. Statewide correctional program improvement (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1987,
Ch. 445,
§1
(AMD).
PL 1991,
Ch. 314,
§15
(AMD).
PL 2001,
Ch. 228,
§1
(AMD).
PL 2001,
Ch. 386,
§8,9
(AMD).
PL 2001,
Ch. 667,
§C19
(AMD).
PL 2003,
Ch. 510,
§A31
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1206. Agreements with community agencies
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1206. Agreements with community agencies
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Agreement" means a legally binding document between 2 parties, including documents commonly referred to as accepted application,
proposal, prospectus, contract, grant, joint or cooperative agreement or purchase of service.
[1983, c. 459, § 6 (new).]
B. "Community agency" means a person, a public or private nonprofit organization or a firm, partnership or business corporation
operated for profit, which:
(1) Operates a human service program at the community level; and
(2) Is not an administrative unit of the Federal Government or State Government.
[1983, c. 459, § 6 (new).]
C. "Funds" means any and all general funds, dedicated funds, fees, special revenue funds, 3rd party reimbursements, vendor
payments or other funds available for expenditure by the department in support of the provision of a human service.
[1983, c. 459, § 6 (new).]
D. "Human service" means any alcoholism, children's community action, corrections, criminal justice, developmental disability,
donated food, education, elderly, food stamp, income maintenance, health, juvenile, law enforcement, legal, medical care,
mental health, mental retardation, poverty, public assistance, rehabilitation, social, substance abuse, transportation, welfare
or youth service operated by a community agency under an agreement financially supporting the service, wholly or in part,
by funds authorized for expenditure for the department.
[1983, c. 459, § 6 (new).]
E. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by, one or more
corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private
shareholder or individual and which has a territory of operations that may extend to a neighborhood, community, region or
the State.
[1983, c. 459, § 6 (new).]
F. "State agency client" means the same as set out in Title 20-A, section 1, subsection 34-A.
[1985, c. 789, § § 5, 9 (new).]
[1985, c. 789, § § 5, 9 (amd).]
2. Commissioner's powers. The commissioner may disburse funds to a community agency for the purpose of financially supporting a human service, only
if the disbursement is covered by a written agreement between the department and the agency, specifying at least the following:
A. The human service to be provided by the community agency;
[1983, c. 459, § 6 (new).]
B. The method of payment by the department to the community agency; and
[1983, c. 459, § 6 (new).]
C. The criteria for monitoring and evaluating the performance of the community agency in the provision of the human service.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
3. Commissioner's duties. The commissioner's duties are as follows.
A. The commissioner shall promulgate rules, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375,
consistent with and necessary for the effective administration of this section.
[1983, c. 459, § 6 (new).]
B. When making agreements with community agencies for the provision of a human service, the commissioner shall use uniform
agreement forms and shall develop uniform procedures.
[1983, c. 459, § 6 (new).]
C. When disbursing funds pursuant to an agreement, the commissioner shall require uniform accounts payable forms or uniform
supporting documentation and information.
[1983, c. 459, § 6 (new).]
D. When accounting for funds disbursed under an agreement, the commissioner shall use uniform accounting principles, policies
and procedures.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
4. Payment for state agency clients. The commissioner shall authorize payment of approved board, care and mental health treatment costs for all state agency clients
in the care or custody of the department who are placed for other than educational purposes in residential placements, as
defined in Title 20-A, section 1, subsection 24-A, to the extent of funds appropriated by the Legislature for this purpose.
In no event may those payments be authorized in excess of funds appropriated for those costs.
[1987, c. 376 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 789,
§5,6,9
(AMD).
PL 1987,
Ch. 376,
§
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1207. Out-of-state prison-made goods
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1207. Out-of-state prison-made goods
1. Purpose. The purpose of this section is to prohibit the sale within the State of any goods, wares or merchandise produced in penal
institutions outside of the State and transported into the State.
[1983, c. 581, § § 9 and 59 (rpr).]
2. Prohibited acts; fines. Prohibited acts and fines under this section are governed as follows.
A. A person is guilty of a civil violation of sale of out-of-state prison-made goods if that person sells within this State
any goods, wares or merchandise manufactured, produced or mined, wholly or in part, by nonparoled convicts or prisoners, or
in any penal or reformatory institution, in another state and transported into this State.
[1983, c. 581, § § 9 and 59 (rpr).]
B. Upon conviction of a civil violation of sale of out-of-state prison-made goods, a person shall pay a fine. The fine may
be any amount which does not exceed twice the monetary value of the transaction.
[1983, c. 581, § § 9 and 59 (rpr).]
[1983, c. 581, § § 9 and 59 (rpr).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§9,59
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1208-A. Standards for additional accommodations
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1208-A. Standards for additional accommodations
The commissioner shall establish standards for facilities not covered by section 1208 that are used to house county prisoners,
including secure detention facilities as defined in Title 15, section 3003, subsection 24-A and temporary holding resources
as defined in Title 15, section 3003, subsection 26 and has the same power to enforce those standards as provided under section
1208.
[1991, c. 314, §16 (amd).]
Section History:
PL 1989,
Ch. 321,
§2
(NEW).
PL 1991,
Ch. 314,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1208. Standards for county and municipal detention facilities
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1208. Standards for county and municipal detention facilities
The commissioner shall establish standards, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, for
county and municipal jails, holding facilities and short-term detention areas, referred to in this section as county and municipal
detention facilities, as follows and shall enforce them.
[1983, c. 581, § § 10 and 59 (new).]
1. Establishment. The commissioner shall establish both mandatory and desirable standards for all county and municipal detention facilities,
setting forth requirements for maintaining safe, healthful and secure facilities.
[1983, c. 581, § § 10 and 59 (new).]
2. Inspections. Inspections of county and municipal detention facilities are governed as follows.
A. The commissioner shall conduct a comprehensive inspection of each county and municipal detention facility every 2 years,
in order to provide the department with information, verified by on-site inspection, regarding compliance with all department
standards.
[1983, c. 581, § § 10 and 59 (new).]
B. The commissioner shall conduct no fewer than 3 additional inspections of each county and municipal detention facility during
the period between each comprehensive inspection, in order to determine continued compliance with standards.
[1983, c, 581, § § 10 and 59 (new).]
C. The commissioner may inspect a county or municipal detention facility at any time, without prior notice, to determine compliance
with standards.
[1983, c. 581, § § 10 and 59 (new).]
D. The commissioner shall prepare a written report of each inspection and shall send a copy of the report to appropriate county
or municipal officials within 15 days after the inspection.
(1) The report shall summarize inspection findings.
(2) The report shall list the standards with which the facility does not comply and set forth the reasons for noncompliance.
[1983, c. 581, § § 10 and 59 (new).]
E. The commissioner shall order the noncomplying county or municipality to respond to this report in accordance with subsection
3.
[1983, c. 581, § § 10 and 59 (new).]
[1983, c. 581, § § 10 and 59 (new).]
3. Standards compliance. Each county and municipal detention facility shall, unless granted a variance pursuant to subsection 5, comply with the mandatory
standards established by the commissioner.
A. Within 60 days from the receipt of an inspection report for each mandatory standard listed in subsection 2, paragraph D,
subparagraph (2), the county or municipality shall either:
(1) Correct deficiencies listed in the report and submit to the department a written response listing the corrections made;
or
(2) Offer a plan to correct those deficiencies for consideration by the department.
[1983, c. 581, § § 10 and 59 (new).]
B. If a county or municipality fails to correct deficiencies and offers no plan of correction, or if the plan of correction
offered to the department is determined inadequate by the commissioner, the commissioner shall determine an appropriate action
to restrict or modify the operations of the facility, consistent with the nature of the uncorrected deficiencies, which action
may include ordering an entire facility closed until the deficiencies have been corrected.
(1) Before any such action is taken, the commissioner shall notify the county or municipality in writing of the planned action
and shall offer the opportunity to meet and discuss the planned action.
(2) If a meeting is not requested by the county or municipality within 15 days after the county or municipality receives
notice of the planned action, or if a meeting is held and fails to produce a plan of correction acceptable to the commissioner,
the commissioner shall take the planned action.
[1983, c. 581, § § 10 and 59 (new).]
[1983, c. 581, § § 10 and 59 (new).]
4. Emergency powers. The commissioner may take immediate action in response to noncompliance with a mandatory standard, if the noncompliance is
determined to endanger the safety of the staff, inmates or visitors of any county or municipal detention facility.
A. The commissioner's action under this subsection shall expire within 90 days or upon compliance with the mandatory standard.
[1983, c. 581, § § 10 and 59 (new).]
B. After having taken action under this section, the commissioner shall send a written inspection report to the affected facility.
[1983, c. 581, § § 10 and 59 (new).]
C. The commissioner shall decide what long-term action to take with respect to the affected facility on the basis of county
or municipality response to the inspection report and subsequent meetings.
[1983, c. 581, § § 10 and 59 (new).]
[1983, c. 581, § § 10 and 59 (new).]
5. Variances. The commissioner shall establish written procedures to govern the submission and consideration of requests for variances
from established departmental standards, including provisions for department consideration of appeals of decisions.
A. The commissioner may grant a variance only when he determines that the variance will not result in diminishing the safety,
health or security of staff, inmates or visitors of a county or municipal detention facility.
[1983, c. 581, § § 10 and 59 (new).]
B. The commissioner may grant variances to counties and municipalities for periods of up to 2 years.
[1983, c. 581, § § 10 and 59 (new).]
C. County and municipal officials may request variances from mandatory department standards if:
(1) Efforts are underway to achieve compliance and continued failure to comply is only temporary; or
(2) The intent and spirit of the standards may be attained through other means.
[1983, c. 581, § § 10 and 59 (new).]
D. The officials applying for a variance have the burden of showing clear justification for the variance.
[1983, c. 581, § § 10 and 59 (new).]
[1983, c. 581, § § 10 and 59 (new).]
6. Advisory review. The commissioner shall create and maintain a county and municipal detention facility advisory committee.
A. The committee shall consist of representatives of the Department of Corrections, Maine Sheriffs' Association, Maine County
Commissioners' Association, Maine Chiefs of Police Association, Attorney General, Legislature and citizens.
[1983, c. 581, § § 10 and 59 (new).]
B. The terms of members of this committee shall be one year.
[1983, c. 581, § § 10 and 59 (new).]
C. Members of the county and municipal detention facility advisory committee are eligible for reappointment at the expiration
of their term.
[1983, c. 581, § § 10 and 59 (new).]
D. The commissioner shall consult the committee when promulgating standards and may consult the committee when variances are
sought, when actions are contemplated by the commissioner in response to a failure to comply with standards and when the commissioner
determines that the consultation is necessary for other reasons.
[1983, c. 581, § § 10 and 59 (new).]
[1983, c. 581, § § 10 and 59 (new).]
7. Technical assistance. The commissioner may provide technical assistance to county and municipal detention facilities to facilitate compliance with
standards.
[1983, c. 581, § § 10 and 59 (new).]
Section History:
PL 1983,
Ch. 581,
§10,59
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1209. Juvenile Justice Advisory Group
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1209. Juvenile Justice Advisory Group
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Act" means the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415.
[1983, c. 581, §§10, 59 (new).]
B. "Group" means the Juvenile Justice Advisory Group, as established by Executive Order 16 Fiscal Year 1981-82.
[1983, c. 581, §§10, 59 (new).]
[1983, c. 581, §§10, 59 (new).]
2. Duties. The group shall:
A. Operate as the supervisory board for all planning, administrative and funding functions of the Act;
[1983, c. 581, §§10, 59 (new).]
B. Make subgrants for planning or for the improvement of juvenile justice consistent with the intent of applicable state and
federal legislation;
[1983, c. 581, §§10, 59 (new).]
C. Develop, approve and implement the state's juvenile justice plan;
[1983, c. 581, §§10, 59 (new).]
D. Monitor state compliance with the requirements of the Act;
[1983, c. 581, §§10, 59 (new).]
E. Review and approve or disapprove all juvenile justice and delinquency prevention subgrant applications submitted to the
group;
[1983, c. 581, §§10, 59 (new).]
F. Develop more effective education, training, research, prevention, diversion, treatment and rehabilitation programs in the
area of juvenile delinquency and improvement of the juvenile justice system;
[1983, c. 581, §§10 and 59 (new).]
G. Submit to the Governor and Legislature, at least annually, recommendations with respect to matters related to its functions,
including recommendations on state compliance with the requirements of the Act;
[1983, c. 581, §§10, 59 (new).]
H. Review the progress and accomplishments of juvenile justice and delinquency projects funded under the state plan; and
[1983, c. 581, §§10, 59 (new).]
I. Regularly seek comments and opinions from juveniles currently under the jurisdiction of the juvenile justice system.
[1983, c. 581, §§10, 59 (new).]
[1983, c. 581, §§10, 59 (new).]
3. Membership. Membership of the group is governed as follows.
A. Regular membership of the group shall be in accordance with the requirements of the Act.
[1983, c. 581, §§10, 59 (new).]
B. Members are appointed by the Governor for a term of 4 years, or until a successor is appointed, and are eligible for reappointment
at the discretion of the Governor.
[1983, c. 581, §§10, 59 (new).]
C. Members appointed to fill an unexpired term shall serve until the expiration date of that term or until a successor is appointed.
[1983, c. 581, §§10, 59 (new).]
D. The Commissioner of Corrections, Commissioner of Education, Commissioner of Health and Human Services and Commissioner of
Public Safety are ex officio, voting members of the group.
[RR 2003, c. 2, §99 (cor).]
F.
[2005, c. 328, §16 (rp).]
[2005, c. 328, §16 (amd).]
4. Departmental duties and powers. The duties and powers of the Department of Corrections are as follows.
A. The department shall have the powers necessary to an agency designated by the Governor as the sole agency responsible for
supervising the group in the preparation and administration of the state plan within the meaning of the Act.
[1983, c. 581, §§10, 59 (new).]
B. The department shall serve as the fiscal agent of the group.
[1983, c. 581, §§10, 59 (new).]
C. The department may employ a full-time juvenile justice specialist, subject to the approval of the group, and such additional
staff as necessary.
(1) The professional staff shall be unclassified.
(2) Clerical staff shall be employed subject to the Civil Service Law.
[1985, c. 785, Pt. B, §150 (amd).]
D. The department, at the direction of the group, may make grants to state agencies, to units of general local government and
to private not-for-profit organizations for the development of more effective education, training, research, prevention, diversion,
treatment and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system.
[1983, c. 581, §§10, 59 (new).]
E. When the group directs that a grant be made to a department or agency of State Government, the department shall send to
the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs:
(1) A copy of the approved grant application;
(2) Information on the expected length of programs to be funded by the grant; and
(3) Information on restrictions or limitations placed on the grant application.
[1983, c. 581, §§10, 59 (new).]
F. The department may accept funds from the Federal Government, from any political subdivision of the State, or from any individual,
foundation or corporation and may expend those funds for purposes consistent with this section.
[1983, c. 581, §§10, 59 (new).]
[1985, c. 785, Pt. B, §150 (amd).]
5. Funds not to lapse. Funds appropriated to carry out the purpose of this section shall not lapse, but shall carry from year to year.
[1983, c. 581, §§10, 59 (new).]
Section History:
PL 1983,
Ch. 581,
§10,59
(NEW).
PL 1985,
Ch. 785,
§B150
(AMD).
PL 1989,
Ch. 700,
§A160
(AMD).
RR 1995,
Ch. 2,
§81
(COR).
PL 2001,
Ch. 354,
§3
(AMD).
RR 2003,
Ch. 2,
§99
(COR).
PL 2005,
Ch. 328,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1210-A. Community corrections
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1210-A. Community corrections
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Community corrections" means the delivery of correctional services for juveniles or adults in the least restrictive manner
that ensures the public safety by the county or for the county under contract with a public or private entity. "Community
corrections" includes, but is not limited to, preventive or diversionary correctional programs, pretrial release or conditional
release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house
programs, community correctional centers and temporary release programs from a facility for the detention or confinement of
persons convicted of crimes or adjudicated delinquents.
[1997, c. 753, §2 (new).]
[1997, c. 753, §2 (new).]
2. Establishment of County Jail Prisoner Support and Community Corrections Fund. The County Jail Prisoner Support and Community Corrections Fund is established for the purpose of providing state funding
for a portion of the counties' costs of the support of prisoners detained or sentenced to county jails and for establishing
and maintaining community corrections as defined in subsection 1.
[1997, c. 753, §2 (new).]
3. Distribution. Beginning July 1, 1998 and annually thereafter, the department shall distribute the County Jail Prisoner Support and Community
Corrections Fund to counties based on the percent distribution of actual funds reimbursed to counties pursuant to former section
1210 in fiscal year 1996-97. The percent distribution per county is as follows:
A. Androscoggin: 8.5%;
[1997, c. 753, §2 (new).]
B. Aroostook: 6.6%;
[1997, c. 753, §2 (new).]
C. Cumberland: 17.6%;
[1997, c. 753, §2 (new).]
D. Franklin: 2.4%;
[1997, c. 753, §2 (new).]
E. Hancock: 3.3%;
[1997, c. 753, §2 (new).]
F. Kennebec: 6.9%;
[1997, c. 753, §2 (new).]
G. Knox: 6." Headnote="4%;
[1997, c. 753, §2 (new).]
H. Lincoln: 3.7%;
[1997, c. 753, §2 (new).]
I. Oxford: 4.7%;
[1997, c. 753, §2 (new).]
J. Penobscot: 13.7%;
[1997, c. 753, §2 (new).]
K. Piscataquis: 1.3%;
[1997, c. 753, §2 (new).]
L. Sagadahoc: 2.7%;
[1997, c. 753, §2 (new).]
M. Somerset: 5.5%;
[1997, c. 753, §2 (new).]
N. Waldo: 3." Headnote="7%;
[1997, c. 753, §2 (new).]
O. Washington: 1.8%; and
[1997, c. 753, §2 (new).]
P. York: 11." Headnote="2%.
[1997, c. 753, §2 (new).]
[1997, c. 753, §2 (new).]
4. Change in state funding of county jails. If a county experiences at least a 10% increase in the total annual jail operating budget or if a county issues a bond for
the construction of a new jail or renovation of an existing jail, the county may file with the department a request for an
increase in the amount of state funds the county receives for the support of prisoners. A county must file a request for
an increase in the amount of state funds the county receives for the support of prisoners by February 15th for an increase
experienced in the prior fiscal year. The department shall review the request and, if the county demonstrates to the department
a need for the increase, the department shall distribute the approved amount to the county from the surcharges collected under
subsection 9. All funds distributed under this subsection must be used only for the purpose of funding counties' costs of
the support of prisoners detained or sentenced to county jails and for establishing and maintaining community corrections.
The department shall forward the request and supporting documents to the joint standing committee of the Legislature having
jurisdiction over corrections and criminal justice matters of a county's requested increase and any distributions made to
counties under this subsection.
[2001, c. 698, §4 (amd); §7 (aff).]
5. Community corrections program account. Each county treasurer shall place 20% of the funds received from the department pursuant to this section into a separate
community corrections program account. A county may use funds placed in this account only for adult or juvenile community
corrections as defined in subsection 1.
Before distributing to a county that county's entire distribution from the County Jail Prisoner Support and Community Corrections
Fund, the department shall require that county to submit appropriate documentation verifying that the county expended 20%
of its prior distribution for the purpose of community corrections as defined in subsection 1. If a county fails to submit
appropriate documentation verifying that the county expended 20% of its prior distribution for the purpose of community corrections,
the department shall distribute to that county only 80% of its distribution from the County Jail Prisoner Support and Community
Corrections Fund. The department shall distribute the 20% not distributed to that county to all other counties that submit
appropriate documentation verifying compliance with the 20% expenditure requirement for the purpose of community corrections.
The department shall distribute these funds to those qualifying counties in an amount equal to each county's percent distribution
pursuant to subsection 3.
[2003, c. 711, Pt. A, §20 (rpr); Pt. D, §2 (aff).]
6. Report. Beginning January 15, 1999 and annually thereafter, each county shall submit a written report to the joint standing committee
of the Legislature having jurisdiction over corrections and criminal justice matters. Reports must include descriptions of
each county's community corrections programs and an accounting of expenditures for its community corrections.
[1997, c. 753, §2 (new).]
7. Technical assistance. The commissioner shall provide technical assistance to counties and county advisory groups to aid them in the planning and
development of community corrections.
[1997, c. 753, §2 (new).]
8. Review. By July 1, 2001, the joint standing committee of the Legislature having jurisdiction over corrections and criminal justice
matters shall review the County Jail Prisoner Support and Community Corrections Fund and its purpose and functions.
[1997, c. 753, §2 (new).]
9. Surcharge imposed. In addition to the 14% surcharge collected pursuant to Title 4, section 1057, an additional 1% surcharge must be added to
every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection
procedures is considered a part of the fine, forfeiture or penalty. Except as provided in subsection 10, all funds collected
pursuant to this subsection are nonlapsing and must be deposited monthly in the County Jail Prisoner Support and Community
Corrections Fund that is administered by the department. Except as provided in subsection 10, all funds collected pursuant
to this subsection must be distributed to counties that have experienced at least a 10% increase in their total annual jail
operating budget or to counties that have issued bonds for the construction of a new jail or renovation of an existing jail
and that meet all other requirements under subsection 4. Funds distributed to counties pursuant to this subsection must be
used for the sole purpose of funding costs of the support of prisoners detained or sentenced to county jails and for establishing
and maintaining community corrections.
[2003, c. 20, Pt. R, §9 (amd).]
10. Implementation. The first $23,658 collected under subsection 9 after the effective date of this subsection must be transferred to the Judicial
Department to cover the costs of implementing the collection of surcharges.
[2001, c. 698, §5 (new); §7 (aff).]
Section History:
PL 1997,
Ch. 753,
§2
(NEW).
PL 2001,
Ch. 698,
§4,5
(AMD).
PL 2001,
Ch. 698,
§7
(AFF).
PL 2003,
Ch. 20,
§R9
(AMD).
PL 2003,
Ch. 711,
§A20
(AMD).
PL 2003,
Ch. 711,
§D2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1210. Community corrections (REPEALED)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1210. Community corrections (REPEALED)
Section History:
PL 1985,
Ch. 821,
§18
(NEW).
PL 1987,
Ch. 335,
§1,2
(AMD).
PL 1989,
Ch. 127,
§1,2
(AMD).
PL 1989,
Ch. 887,
§5-9
(AMD).
PL 1991,
Ch. 622,
§W
(AMD).
PL 1991,
Ch. 690,
§
(AMD).
RR 1991,
Ch. 2,
§127
(COR).
PL 1993,
Ch. 410,
§P1
(AMD).
PL 1993,
Ch. 431,
§1-3
(AMD).
PL 1993,
Ch. 517,
§1
(AMD).
PL 1995,
Ch. 368,
§K3
(AMD).
PL 1995,
Ch. 449,
§1
(AMD).
PL 1995,
Ch. 449,
§2
(AFF).
PL 1995,
Ch. 461,
§1,2
(AMD).
PL 1995,
Ch. 665,
§MM1,2
(AMD).
PL 1995,
Ch. 665,
§MM3
(AFF).
PL 1997,
Ch. 533,
§1
(AMD).
PL 1997,
Ch. 753,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1211. Jail Industries Authority (REPEALED)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1211. Jail Industries Authority (REPEALED)
Section History:
PL 1989,
Ch. 416,
§
(NEW).
PL 1989,
Ch. 654,
§5-9,13
(AMD).
PL 1999,
Ch. 668,
§121
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1212. Confidential information
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1212. Confidential information
The following information pertaining to department employees and independent contractors is confidential and that part of
any record of the department containing this information is not a public record, as defined in Title 1, section 402, subsection
3:
[1991, c. 281 (new).]
1. Addresses and telephone numbers. Nonbusiness addresses and telephone numbers;
[1991, c. 281 (new).]
2. Information regarding other persons. The existence, names, addresses and telephone numbers of family members, household members and persons to be notified in
the event of an emergency; and
[1991, c. 281 (new).]
3. Work schedules. Information pertaining to work schedules.
[1991, c. 281 (new).]
Section History:
PL 1991,
Ch. 281,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1213. Contract to provide medical care
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1213. Contract to provide medical care
Any individual medical provider contracting with the department when providing medical care within a correctional or detention
facility pursuant to section 3031, subsection 2 under a contract with the department is deemed for purposes of civil liability
to be an employee of a governmental entity under the Maine Tort Claims Act, Title 14, chapter 741.
[1995, c. 248, §1 (new).]
Section History:
PL 1995,
Ch. 248,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1214. Office of Victim Services
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1214. Office of Victim Services
1. Establishment. The Office of Victim Services, referred to in this section as the "office," is established within the department to advocate
for compliance by the department, any correctional facility, any detention facility, community corrections as defined in section
1210-A or any contract agency with all laws, administrative rules and institutional and other policies relating to the rights
and dignity of victims.
A. The Victim Services Coordinator shall report only to the commissioner or an associate commissioner.
[2001, c. 439, Pt. G, §1 (new).]
B. The Victim Services Coordinator shall, with the approval of the commissioner or an associate commissioner, select other
victim advocates needed to carry out the intent of this section and who shall report only to the Victim Services Coordinator.
[2001, c. 439, Pt. G, §1 (new).]
[2001, c. 439, Pt. G, §1 (new).]
2. Victim Services Coordinator. The Victim Services Coordinator shall direct and coordinate the office.
A. The Victim Services Coordinator shall report only to the commissioner or an associate commissioner.
[2001, c. 439, Pt. G, §1 (new).]
B. The Victim Services Coordinator shall, with the approval of the commissioner or an associate commissioner, select other
victim advocates needed to carry out the intent of this section and who shall report only to the Victim Services Coordinator.
[2001, c. 439, Pt. G, §1 (new).]
[2001, c. 439, Pt. G, §1 (new).]
3. Duties. The office, through the Victim Services Coordinator and other victim advocates, shall:
A. Receive or refer complaints made by victims;
[2001, c. 439, Pt. G, §1 (new).]
B. Intercede on behalf of victims with officials of the department, any correctional facility, any detention facility, community
corrections as defined in section 1210-A or any contract agency or assist these persons in the resolution of victim-related
issues;
[2001, c. 439, Pt. G, §1 (new).]
C. Act as an information source regarding the rights of victims and keep informed about all laws, administrative rules and
institutional and other policies relating to the rights and dignity of victims and about relevant legal decisions and other
developments related to the field of corrections, both in this State and in other parts of the country;
[2001, c. 439, Pt. G, §1 (new).]
D. Ensure that victims who request notice of release receive it;
[2001, c. 439, Pt. G, §1 (new).]
E. Assist victims who are being harassed by persons in the custody or under the supervision of the department with obtaining
protection from that harassment;
[2001, c. 477, §2 (amd).]
F. Assist victims with obtaining victim compensation, restitution and other benefits of restorative justice; and
[2001, c. 477, §2 (amd).]
G. Ensure the safety of clients who are also victims by advising the commissioner of information that may place a client at
risk if disclosed pursuant to Title 1, section 402, subsection 3-A.
[2001, c. 477, §3 (new).]
[2001, c. 477, §§2, 3 (amd).]
4. Confidentiality. Requests for action by the office must be treated confidentially and may be disclosed only to a state agency if necessary
to carry out the statutory functions of that agency or to a criminal justice agency if necessary to carry out the administration
of criminal justice or the administration of juvenile criminal justice. In no case may a victim's request for notice of release
be disclosed outside the department and the office of the attorney for the State with which the request was filed.
[2001, c. 439, Pt. G, §1 (new).]
5. Report regarding batterers intervention programs. Beginning January 2003 and annually thereafter, the department shall report to the joint standing committee of the Legislature
having jurisdiction over criminal justice matters regarding the work of batterers intervention programs. The report must
include information regarding: meeting program benchmarks and goals, developing and implementing new programs, measuring
effectiveness of existing programs and communicating and coordinating efforts with providers of substance abuse services,
literacy support and other services with whom batterers may need to work in order to participate meaningfully in a batterers
intervention program.
[2001, c. 686, Pt. D, §1 (new).]
34-A §01214
Accreditation
(REPEALED)
(REALLOCATED TO TITLE 34-A, SECTION 1215)
Section History:
PL 2001,
Ch. 439,
§G1
(NEW).
PL 2001,
Ch. 458,
§3
(NEW).
PL 2001,
Ch. 477,
§2,3
(AMD).
PL 2001,
Ch. 686,
§D1
(AMD).
RR 2001,
Ch. 1,
§43
(RAL).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1215. Accreditation (REALLOCATED FROM TITLE 34-A, SECTION 1214)
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1215. Accreditation (REALLOCATED FROM TITLE 34-A, SECTION 1214)
The department shall seek accreditation of its correctional and detention facilities by a nationally recognized correctional
accrediting body and shall maintain any accreditation obtained. The department shall report to the joint standing committees
of the Legislature having jurisdiction over criminal justice matters and appropriations and financial affairs regarding its
progress towards accreditation by January 1, 2005.
[2003, c. 451, Pt. K, §1 (amd).]
Section History:
RR 2001,
Ch. 1,
§43
(RAL).
PL 2003,
Ch. 451,
§K1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1216. Confidentiality of information
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: DEPARTMENT
§1216. Confidentiality of information
1. Limited disclosure. All orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining
to any person receiving services from the department must be kept confidential and may not be disclosed by any person, except
that public records must be disclosed in accordance with Title 1, section 408; criminal history record information may be
disseminated in accordance with Title 16, chapter 3, subchapter 8; and documents other than those documents pertaining to
information obtained by the department for the purpose of evaluating a client's ability to participate in a community-based
program or from informants in a correctional or detention facility for the purpose of determining whether facility rules have
been violated or pertaining to a victim's request for notice of release may, and must upon request, be disclosed:
A. To any person if the person receiving services, that person's legal guardian, if any, and, if that person is a minor, that
person's parent or legal guardian give informed written consent to the disclosure of the documents referred to in this subsection
after being given the opportunity to review the documents sought to be disclosed;
[2003, c. 205, §10 (new).]
B. To any state agency if necessary to carry out the statutory functions of that agency;
[2003, c. 205, §10 (new).]
C. If ordered by a court of record, subject to any limitation in the Maine Rules of Evidence, Rule 503;
[2003, c. 205, §10 (new).]
D. To any criminal justice agency if necessary to carry out the administration of criminal justice or the administration of
juvenile criminal justice or for criminal justice agency employment;
[2003, c. 205, §10 (new).]
E. To persons engaged in research if:
(1) The research plan is first submitted to and approved by the commissioner;
(2) The disclosure is approved by the commissioner; and
(3) Neither original records nor identifying data are removed from the facility or office that prepared the records.
The commissioner and the person doing the research shall preserve the anonymity of the person receiving services from the
department and may not disseminate data that refer to that person by name or number or in any other way that might lead to
the person's identification; or
[2003, c. 205, §10 (new).]
F. To persons who directly supervise or report on the health, behavior or progress of a juvenile, to the superintendent of
a juvenile's school and the superintendent's designees and to agencies that are or might become responsible for the health
or welfare of a juvenile if the information is relevant to and disseminated for the purpose of creating or maintaining an
individualized plan for the juvenile's rehabilitation, including reintegration into the school.
[2003, c. 205, §10 (new).]
Notwithstanding any other provision of law, the department may release the names, dates of birth and social security numbers
of juveniles receiving services from the department and, if applicable, eligibility numbers and the dates on which those juveniles
received services to the Department of Health and Human Services for the sole purpose of determining eligibility and billing
for services under federally funded programs administered by the Department of Health and Human Services and provided by or
through the department. The department may also release to the Department of Health and Human Services information required
for and to be used solely for audit purposes, consistent with federal law, for those services provided by or through the department.
Department of Health and Human Services personnel must treat this information as confidential in accordance with federal
and state law and must return the records when their purpose has been served.
[2003, c. 205, §10 (new); c. 689, Pt. B, §6 (rev).]
2. Release of certain information to victims. Notwithstanding subsection 1, upon the request of a person who was the victim of a crime for which a client was incarcerated,
as verified by the department or the prosecuting attorney, the department shall disclose the following information to the
victim:
A. Whether the client has been charged with committing any crime while incarcerated and, if so, the crime with which the client
has been charged; and
[2003, c. 205, §10 (new).]
B. Whether the client has been disciplined while incarcerated and, if so, the offense for which the disciplinary action was
taken and the type of disciplinary action taken.
[2003, c. 205, §10 (new).]
[2003, c. 205, §10 (new).]
3. Civil violation. A person who discloses information in violation of this section commits a civil violation for which a fine not to exceed
$1,000 may be adjudged.
[2003, c. 205, §10 (new).]
4. Disclosure of confidential information. The disclosure of confidential information as provided by this section is also governed by Title 5, section 9057, subsection
6.
[2003, c. 205, §10 (new).]
5. Disclosure of information. Nothing in this section permits or requires the disclosure of information to the extent it is designated confidential by
another provision of law.
[2003, c. 205, §10 (new).]
6. Assessment tools. Documents in the possession of the department used to screen or assess clients, including, but not limited to, questionnaires
and test materials, are not public records for purposes of Title 1, chapter 13, subchapter 1. The department shall release
these documents on request to any other state agency if necessary to carry out the statutory functions of that agency and
to any committee or study commission established by the Legislature with authority to examine issues related to mental health.
[2003, c. 205, §10 (new).]
Section History:
PL 2003,
Ch. 205,
§10
(NEW).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1401. Office
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: COMMISSIONER
§1401. Office
1. Appointment. The Governor shall appoint the Commissioner of Corrections, subject to review by the joint standing committee of the Legislature
having jurisdiction over corrections matters and to confirmation by the Senate, to serve at the pleasure of the Governor.
[1995, c. 3, §4 (amd).]
2. Vacancy. Vacancies in the office of the commissioner shall be filled as follows.
A. Any vacancy in the office of commissioner shall be filled by appointment under subsection 1.
[1983, c. 459, § 6 (new).]
B. If the office of the commissioner is vacant or if the commissioner is absent or disabled, the associate commissioner shall
perform the duties and have the powers provided by law for the commissioner.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
3. Qualifications. To qualify for appointment as commissioner, a person must have training and experience in correctional administration or
satisfactory experience in the direction of work of a comparable nature.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 3,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1402. Duties
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: COMMISSIONER
§1402. Duties
In addition to other duties set out in this Title, the commissioner has the following duties.
[1983, c. 459, §6 (new).]
1. General. The commissioner has general supervision, management and control of the research and planning, grounds, buildings, property,
officers, employees and clients of any correctional facility, detention facility or correctional program.
[1991, c. 314, §17 (amd).]
2. Enforcement of laws. The commissioner shall enforce all laws concerning correctional facilities, unless specific law enforcement duties are given
by law to other persons.
[1983, c. 459, §6 (new).]
3. Rules. Rules shall be established as follows.
A. The commissioner shall establish, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, such
rules as he determines appropriate or necessary for the care and management of the property of all correctional facilities,
for the production and distribution of industrial products of the correctional facilities and for the execution of the statutory
purposes and functions of correctional facilities or correctional programs.
[1983, c. 459, §6 (new).]
B. The central principle underlying all rules, regulations, procedures and practices relating to clients is that the clients
retain all rights of an ordinary citizen, except those expressly or by necessary implication taken from them by law.
[1991, c. 314, §18 (amd).]
[1991, c. 314, §18 (amd).]
4. Career and technical education. Establishment of career and technical education shall be as follows.
A. The commissioner shall establish and maintain suitable courses for career and technical education in the correctional facilities.
(1) The commissioner shall install equipment necessary to carry out this duty.
(2) The commissioner shall employ suitable and qualified instructors necessary to carry out this duty, subject to the approval
of the Associate Commissioner of the Bureau of Vocational Education.
[1983, c. 459, §6 (new); 2005, c. 397, Pt. D, §3 (rev).]
B. The expenses of carrying out this subsection shall be paid from the appropriations for the correctional facilities.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new); 2005, c. 397, Pt. D, §3 (rev).]
5. Grievance procedures. The commissioner shall establish procedures for hearing grievances of clients as described in section 1203. The commissioner
shall establish a separate grievance process for addressing complaints by prisoners about their medical and mental health
treatment.
[2001, c. 659, Pt. I, §1 (amd).]
6. County jail, holding facility and short-term detention area standards.
[1983, c. 581, §§11,59 (rp).]
7. Abuse allegations in correctional and detention facilities. The commissioner is responsible for ensuring appropriate intervention and remediation in cases of substantiated abuse and
neglect in correctional and detention facilities. The commissioner shall ensure, through inspection at least every 2 years,
that all correctional and detention facilities meet applicable federal and state standards relating to the health and safety
of clients of these facilities.
[1991, c. 314, §20 (amd).]
8. Allegations of child abuse or neglect in correctional and detention facilities. The commissioner is responsible for the investigation of all reports of suspected child abuse or neglect in correctional
and detention facilities.
A. These investigations must be conducted with the Department of Health and Human Services, as appropriate, and, in cases where
there are allegations or indications of criminal conduct, with the Department of the Attorney General, as appropriate.
[1991, c. 314, §20 (amd); 2003, c. 689, Pt. B, §6 (rev).]
B. The commissioner shall negotiate joint working agreements with the Department of Health and Human Services and the Department
of the Attorney General concerning procedures and respective responsibilities for conducting investigations of allegations
of child abuse or neglect in correctional and detention facilities.
[1991, c. 314, §20 (amd); 2003, c. 689, Pt. B, §6 (rev).]
[1991, c. 314, §20 (amd); 2003, c. 689, Pt. B, §6 (rev).]
9. Statement of correctional system impact. The commissioner shall prepare statements pertaining to the impact that proposed legislation has upon correctional system
resources, including the cost that the correctional system would bear. For purposes of this subsection, the correctional
system includes correctional facilities and services operated or funded by the State or by any county government. The statements
must be furnished to the appropriate committee of the Legislature for the information of its members and for inclusion in
bills that receive an "ought to pass" report when reported by the committee. A statement is not required for any legislation
that has no impact upon the correctional system.
[1989, c. 925, §17 (new).]
10. Rehabilitation programs. Within the limits of available resources, the commissioner shall establish and maintain programs, inside and outside of
correctional facilities, that provide rehabilitation services and opportunities for clients.
[1991, c. 355, §3 (new).]
11. Report requirement. The commissioner shall report annually, no later than January 4th of each year, to the joint standing committee of the Legislature
having jurisdiction over criminal justice and public safety matters and the joint standing committee of the Legislature having
jurisdiction over appropriations and financial affairs regarding recidivism information including, but not limited to:
A. The number of juvenile offenders in the correctional facilities and their reoffending rates;
[2003, c. 20, Pt. N, §1 (new).]
B. The number of incarcerated adults who were adjudicated as having committed a juvenile offense; and
[2003, c. 20, Pt. N, §1 (new).]
C. The recidivism rates of juvenile offenders as adults.
[2003, c. 20, Pt. N, §1 (new).]
[2003, c. 20, Pt. N, §1 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§11,59
(AMD).
PL 1987,
Ch. 744,
§11
(AMD).
PL 1989,
Ch. 925,
§17
(AMD).
PL 1991,
Ch. 314,
§17-20
(AMD).
PL 1991,
Ch. 355,
§3
(AMD).
PL 2001,
Ch. 659,
§I1
(AMD).
PL 2003,
Ch. 20,
§N1
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 397,
§D3
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1403. Powers
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: COMMISSIONER
§1403. Powers
In addition to other powers granted in this Title, the commissioner has the following powers.
[1983, c. 459, §6 (new).]
1. General powers. The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of clients or
may purchase residential services when the department's correctional and detention facilities do not provide the appropriate
services for the client.
[1991, c. 314, §21 (amd).]
2. Appointments. The commissioner's appointment powers are as follows.
A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be
necessary, including those intermittent employees as defined in Title 5, section 7053 needed to offset the overtime costs
related to unscheduled, unanticipated overtime. These intermittent positions in the institutional services unit must be identified
through a separate agreement with labor and may be used only at preidentified posts and work sites. Use of intermittent employees
for the purposes of overtime must be governed by an agreement between the parties.
[1999, c. 459, §1 (amd).]
B. The commissioner may appoint and set the salary for 3 associate commissioners to assist in carrying out the responsibilities
of the department.
(1) An appointment is for an indeterminate term and until a successor is appointed and qualified or during the pleasure of
the commissioner.
(2) To be eligible for appointment as an associate commissioner, a person must have training and experience in general management.
[1999, c. 731, Pt. G, §2 (amd).]
C. The commissioner shall appoint the following officials to serve at the pleasure of the commissioner:
(1) Associate Commissioner for Adult Services;
(1-A) Associate Commissioner for Juvenile Services; and
(3) Associate Commissioner for Legislative and Program Services.
[2001, c. 386, §11 (amd).]
[2001, c. 386, §11 (amd).]
3. Delegation. The commissioner's delegation powers are as follows.
A. Unless a specific statute otherwise directs, the commissioner may delegate powers and duties given under this Title to the
associate commissioners, chief administrative officers and regional correctional administrators.
[1995, c. 502, Pt. F, §19 (amd).]
B. The commissioner may empower the associate commissioners, chief administrative officers and regional correctional administrators
to further delegate powers and duties delegated to them by the commissioner.
[1995, c. 502, Pt. F, §19 (amd).]
B-1. Unless a specific statute otherwise directs, the commissioner may empower chief administrative officers to delegate powers
and duties given to them by chapter 3 and may empower regional correctional administrators to delegate powers and duties given
to them by chapter 5.
[1995, c. 502, Pt. F, §19 (amd).]
C. An associate commissioner or associate commissioners may be designated to assist in the development of community correctional
programs at the county level and to coordinate activities of the department with each county and any county correctional advisory
groups. The associate commissioner or associate commissioners may appoint staff to assist in carrying out this paragraph.
[1995, c. 502, Pt. F, §19 (amd).]
[1995, c. 502, Pt. F, §19 (amd).]
4. Funding sources. The commissioner may use the following funding sources.
A. The commissioner may accept for the State any federal funds appropriated under federal law relating to the juvenile offender
and may do whatever is necessary to carry out the federal law.
[1983, c. 459, §6 (new).]
B. The commissioner may accept, from any other agency of government, person, group or corporation, any funds which may be available
in carrying out this Title.
[1983, c. 459, §6 (new).]
C. The commissioner may apply for and receive federal funds under the United States Housing Act of 1954, Public Law 560, Title
7.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
5. Lease of unused buildings. The commissioner may, with the approval of the Director of the Bureau of General Services, lease unused buildings at the
correctional and detention facilities for the purposes of providing services to clients.
A. The leases must be for a period not to exceed 2 years and may be extended, with the approval of the Director of the Bureau
of General Services, for 3 more 2-year periods.
[1995, c. 111, §1 (amd).]
B. The commissioner shall submit a plan of the proposed leases and their impact on the correctional and detention facilities
and clients to the joint standing committee of the Legislature having jurisdiction over corrections no later than January
31st of each year.
[1991, c. 314, §24 (amd).]
[1995, c. 111, §1 (amd).]
5-A. Lease of Long Creek Youth Development Center building. Notwithstanding subsection 5 and Title 5, chapter 154, the commissioner may, with the approval of the Director of the Bureau
of General Services, lease any building that the commissioner determines is no longer needed to be a part of the Long Creek
Youth Development Center for the purpose of providing services to clients under such terms as the commissioner and director
determine appropriate.
[1995, c. 502, Pt. F, §20 (new); 2001, c. 439, Pt. G, §6 (amd).]
6. Acceptance or conveyance of donated personal property. The commissioner may accept donations of personal property to be used at a correctional or detention facility. If, at a
later date, the donated property ceases to be useful to the correctional or detention facility, the commissioner may sell
the property and use the proceeds for the benefit of the correctional or detention facility to which the property was originally
donated.
[1991, c. 314, §25 (amd).]
7. Establishment of farm programs at correctional facilities. The commissioner may establish a farm program at each correctional facility for the purposes of producing agricultural and
farm products and teaching prisoners and juvenile clients cultivation and gardening techniques.
A. Products from those farm programs shall be used by correctional facilities. If a surplus exists, it may be:
(1) Sold or distributed to other state, county or local governmental entities;
(2) Exchanged with other state, county or local governmental entities for services or other goods; or
(3) Sold to or exchanged with private Maine businesses.
[1983, c. 724 (new).]
B. The revenue generated by the sale of those farm products shall be deposited in a special account. This account shall not
lapse at the end of a fiscal year but may be carried forward from year to year. If the amount in the fund exceeds $100,000,
the excess in the account shall be transferred to the General Fund.
[1983, c. 724 (new).]
C. These funds in this special account may be expended to implement farm programs in correctional facilities. These expenditures
include, but are not limited to, the purchase of necessary materials and equipment, construction, administrative costs and
employee salaries.
[1983, c. 724 (new).]
[1983, c. 724 (new).]
8. Receipt of United States prisoners or adjudicated juveniles. The commissioner's power to accept United States prisoners or adjudicated juveniles is as follows.
A. The commissioner may receive in any correctional facility prisoners detained by the United States or convicted of an offense
against the United States and committed for a term of imprisonment to the custody of the Attorney General of the United States
if:
(1) The Attorney General of the United States designates a Maine correctional facility as the place of confinement for the
prisoner; and
(2) The commissioner approves and agrees to accept and keep the prisoner in a Maine correctional facility.
[1989, c. 127, §3 (rpr).]
B. The commissioner may receive in any juvenile facility juveniles detained by the United States or adjudicated of an offense
against the United States and committed for a term of institutionalization to the custody of the Attorney General of the United
States if:
(1) The Attorney General of the United States designates a Maine juvenile facility as the place of confinement for the juvenile;
and
(2) The commissioner approves and agrees to accept and keep the juvenile in a Maine juvenile facility.
[1989, c. 127, §3 (rpr).]
C. The commissioner may contract with the Attorney General of the United States or officer designated by the Congress for the
care, custody, subsistence, education, treatment and training of any prisoner or juvenile accepted under this section. All
sums paid pursuant to contracts authorized by this section shall accrue to the General Fund.
[1989, c. 127, §3 (new).]
[1989, c. 127, §3 (rpr).]
9. Industries programs. The commissioner may establish career and technical training, work and industries programs, including those permitted under
a certification issued by the United States Department of Justice under 18 United States Code, Section 1761.
A. The program may make services and goods available for purchase by state agencies or the public.
[1985, c. 821, §21 (new).]
B. The commissioner may authorize any person or business entity purchasing goods manufactured at a correctional facility to
resell those articles if that person or entity requests, in writing, authority from the commissioner at the time the initial
purchase is made.
[1985, c. 821, §21 (new).]
C. All goods manufactured at a correctional facility for sale shall be distinctly labeled or branded with the words "Manufactured
at a Maine State Correctional Facility", except those goods produced under a program certified by the United States Department
of Justice under the United States Code, Title 18, Section 1761.
[1989, c. 127, §4 (amd).]
D. All revenues from direct sales of goods and services produced by prisoners at correctional facilities and all amounts received
from a private sector industry participating with the Department of Corrections in an industries program certified by the
United States Department of Justice under the United States Code, Title 18, Section 1761, in consideration of lease of industry
space, provision of utilities, trash removal and other services provided to the private industry which are related to the
use of industry space at correctional facilities shall be deposited into the department Industries Accounts, which shall not
lapse.
[1989, c. 127, §4 (amd).]
E. Funds from these industries accounts may be used to pay for materials, supplies, equipment, salaries and other costs of
establishing and operating career and technical training, work and industrial programs. For industries programs certified
by the United States Department of Justice under the United States Code, Title 18, Section 1761, mandatory contributions for
crime victim services must be made from these industries accounts and transferred to the control of the Office of Victim Services,
as established in section 1214.
[2001, c. 439, Pt. G, §2 (amd); 2003, c. 545, §6 (rev).]
F. The commissioner shall, in consultation with the State Apprenticeship and Training Council, develop policies concerning
job displacement and safety and policies to develop opportunities in the prison industries programs.
[1987, c. 589 (amd).]
[2001, c. 439, Pt. G, §2 (amd); 2003, c. 545, §6 (rev).]
10. Client benefit welfare account. The commissioner shall provide an accounting of all client benefit welfare accounts each fiscal year to the joint select
committee of the Legislature having jurisdiction over corrections matters. The annual accounting must include total income
for the year, total expenditures for the year, anticipated capital and operating expenditures from these accounts in the next
fiscal year and balances in the accounts. Nothing in this subsection may change the nature of these accounts as internal
management tools.
[1999, c. 583, §3 (amd).]
11. Contracting agent. The chief administrative officer is the contracting agent for all sales of articles from a correctional facility and for
all other contracts made on behalf of the correctional facility except those made by the State Purchasing Agent.
A. All contracts must be made in the manner prescribed by the commissioner.
[1999, c. 583, §4 (new).]
B. A contract may not be accepted by the chief administrative officer, unless the contractor gives satisfactory security for
its performance.
[1999, c. 583, §4 (new).]
C. An employee of the correctional facility may not be directly or indirectly interested in any contract.
[1999, c. 583, §4 (new).]
[1999, c. 583, §4 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§12,59
(AMD).
PL 1983,
Ch. 724,
§
(AMD).
PL 1983,
Ch. 729,
§6
(AMD).
PL 1985,
Ch. 67,
§1
(AMD).
PL 1985,
Ch. 785,
§B151
(AMD).
PL 1985,
Ch. 821,
§19-21
(AMD).
PL 1987,
Ch. 589,
§
(AMD).
PL 1989,
Ch. 127,
§3,4
(AMD).
PL 1991,
Ch. 314,
§21-25
(AMD).
PL 1991,
Ch. 716,
§6
(AMD).
RR 1991,
Ch. 2,
§128
(COR).
PL 1993,
Ch. 682,
§1
(AMD).
PL 1995,
Ch. 111,
§1
(AMD).
PL 1995,
Ch. 502,
§F18-20
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 459,
§1
(AMD).
PL 1999,
Ch. 583,
§3,4
(AMD).
PL 1999,
Ch. 731,
§G2
(AMD).
PL 2001,
Ch. 386,
§11
(AMD).
PL 2001,
Ch. 439,
§G2,6
(AMD).
PL 2003,
Ch. 545,
§6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 34-A - §1601. Negotiations with municipalities
Title 34-A: CORRECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 4: NEGOTIATIONS WITH MUNICIPALITIES IN WHICH CORRECTIONAL FACILITIES ARE LOCATED (Enacted by PL 1989, c. 591, @1)
§1601. Negotiations with municipalities
The Commissioner of Corrections, or the commissioner's designee, shall negotiate with officials of the municipality in which
correctional facilities for both juveniles and adults constructed after the effective date of this section are located to
provide state reimbursement to that municipality for the net increased costs that a new correctional facility imposes on that
municipality. Negotiations shall commence only upon request of municipal officials and only within 6 months after the net
increased costs arise. As used in this section, unless the context otherwise indicates, the following terms have the following
meanings.
[1989, c. 591, §1 (new).]
1. Correctional facility. "Correctional facility" means those facilities outlined in section 1001, subsection 6.
[1989, c. 591, §1 (new).]
2. Net increased costs. "Net increased costs" means the costs of those services rendered to the facility by the municipality and the costs of any
adverse impact proximately caused by the operation of the facility, subtracted from the fair market value of those services
rendered by the facility to the municipality.
[1989, c. 591, §1 (new).]
Section History:
PL 1989,
Ch. 591,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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