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USA Statutes : maine
Title : Title 34-A. CORRECTIONS
Chapter : Chapter 03. CORRECTIONAL FACILITIES
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Title 34-A - §3001. Chief administrative officers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3001. Chief administrative officers
1. Appointment. The commissioner may appoint chief administrative officers as necessary for the proper performance of the functions of the
department, subject to the Civil Service Law.
A. To be eligible for appointment as a chief administrative officer, a person must be experienced in the management of the
particular type of facility to which that person is assigned.
[1991, c. 314, §26 (amd).]
B. Chief administrative officers shall report directly to the commissioner or to an associate commissioner if so directed by
the commissioner.
[1999, c. 583, §5 (amd).]
[1999, c. 583, §5 (amd).]
2. Acting chief administrative officer. Notwithstanding any other provision of law, the commissioner may delegate any employee of the department to serve as the
acting chief administrative officer of any facility, if the office of the chief administrative officer of the facility is
vacant.
A. The acting chief administrative officer shall serve for a period not to exceed 180 days.
[1983, c. 459, §6 (new).]
B. Service as the acting chief administrative officer of a facility is considered a temporary additional duty for the person
so delegated.
[1991, c. 314, §26 (amd).]
[1991, c. 314, §26 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§26
(AMD).
PL 1999,
Ch. 583,
§5
(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 - §3002-A. Policy review council
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3002-A. Policy review council
The commissioner and the Commissioner of Education shall appoint a 9-member policy review council, referred to in this section
as the "council," as authorized by Title 5, chapter 379.
[1999, c. 770, §3 (amd).]
1. Term. Legislative members serve as voting, ex officio members. The term of office for nonlegislative members is 3 years. The
initial appointments are as follows:
A. Three members for 3 years;
[1997, c. 752, §34 (new).]
B. Two members for 2 years; and
[1997, c. 752, §34 (new).]
C. Two members for one year.
[1997, c. 752, §34 (new).]
Replacements for council members who do not complete their terms of office are for the remainder of the unexpired terms.
[1999, c. 770, §4 (amd).]
2. Council members. The cochairs of the joint standing committee of the Legislature having jurisdiction over education matters or their designees
are members. The other council members must be representative of a broad range of professionals, parents and citizens interested
in the education of students confined in the department's juvenile facilities and include the parents of a current or former
student. In addition, council members may include:
A. Professionals not employed by the department who serve or have served students in a corrections setting;
[1997, c. 752, §34 (new).]
B. Representatives of advocacy groups for children with special needs;
[1997, c. 752, §34 (new).]
C. School administrative unit administrators or special education directors; and
[1997, c. 752, §34 (new).]
D. Interested citizens.
[1997, c. 752, §34 (new).]
[1999, c. 770, §4 (amd).]
3. Access to educational programs. The council must have access to the department's educational programs for confined juveniles, but may not participate in
the administration of the day-to-day operations of the programs.
[1997, c. 752, §34 (new).]
4. Duties. The duties of the council include, but are not limited to:
A. Making annual recommendations to the Commissioner of Education and the commissioner and sending copies of the recommendations
to the members of the joint standing committee of the Legislature having jurisdiction over education matters;
[1997, c. 752, §34 (new).]
B. Making policy recommendations to the Commissioner of Education and the commissioner;
[1997, c. 752, §34 (new).]
C. Reviewing policy development;
[1997, c. 752, §34 (new).]
D. Reviewing the implementation of the policy;
[1997, c. 752, §34 (new).]
E. Reviewing staff recruitment, retention, promotion and evaluation policies and procedures;
[1997, c. 752, §34 (new).]
F. Holding hearings for staff, parents, students, alumni, special education directors and the general public and otherwise
soliciting the opinions of individuals in those groups concerning the operation and role of the department's educational programs
for confined juveniles; and
[1997, c. 752, §34 (new).]
G. Conducting exit interviews with staff members terminating employment with the department's educational programs for confined
juveniles.
[1997, c. 752, §34 (new).]
[1997, c. 752, §34 (new).]
5. Meetings; report. The council shall meet at least 4 times a year and keep minutes and records of the meetings. The council shall submit a
report each year to the joint standing committee of the Legislature having jurisdiction over education matters.
[1999, c. 770, §5 (new).]
Section History:
PL 1997,
Ch. 752,
§34
(NEW).
PL 1999,
Ch. 770,
§3-5
(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 - §3002. Boards of visitors
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3002. Boards of visitors
1. Appointment. The Governor shall appoint a board of 5 visitors for each correctional facility under the department, as authorized by Title
5, section 12004-I, subsection 5.
A. The terms of the members of the boards of visitors are for 3 years.
[2005, c. 216, §1 (rpr).]
B. Members of the boards of visitors are eligible for reappointment at the expiration of their terms.
[2005, c. 216, §1 (rpr).]
C. A member of the Legislature or an employee of the department may not serve on any board of visitors.
[2005, c. 216, §1 (rpr).]
D. At least one member of each board must be a person licensed by this State to provide mental health services.
[2005, c. 216, §1 (rpr).]
E. Each member of the boards of visitors must be compensated according to the provisions of Title 5, chapter 379.
[2005, c. 216, §1 (new).]
F. The Governor shall appoint a chair from the membership.
[2005, c. 216, §1 (new).]
[2005, c. 216, §1 (rpr).]
2. Duties. Boards of visitors have the following duties.
A. Each board of visitors shall inspect the correctional facility to which it is assigned. Each board of visitors must be
provided open access to all physical areas of the correctional facility, including access to areas housing clients. Each
board of visitors must be provided the opportunity to speak to clients and to staff. Members of the board shall comply with
all departmental policies and procedures and facility security practices regarding access to the correctional facility, shall
adhere to all federal and state law regarding confidentiality and shall refer concerns or complaints regarding specific individuals
to the chief administrative officer or advocate.
[2005, c. 216, §1 (new).]
B. Each board of visitors shall review the management of the correctional facility to which it is assigned to determine whether
that management is consistent with the philosophy, mission and policy goals of the department and facility. Each board of
visitors shall prepare an annual report including its recommendations and shall provide copies of its report to the chief
administrative officer of the facility, the commissioner and the joint standing committee of the Legislature having jurisdiction
over criminal justice and public safety matters. The commissioner shall provide copies with the department's response to
the reports to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety
matters within one month of receiving the annual reports.
[2005, c. 216, §1 (new).]
C. Each board of visitors shall appear before the joint standing committee of the Legislature having jurisdiction over criminal
justice and public safety matters upon request.
[2005, c. 216, §1 (new).]
D. Boards of visitors shall meet regularly and at least 4 times a year. At each meeting, a board of visitors may request and
must receive information from the chief administrative officer as the board determines will assist in the review of the management
of the facility. To the extent that a board of visitors is not discussing matters made confidential by federal or state law,
meetings of boards are public proceedings and must be conducted in accordance with Title 1, section 403. Boards of visitors
may meet jointly.
[2005, c. 216, §1 (new).]
E. Each board of visitors shall share copies of that board's annual report with the other boards.
[2005, c. 216, §1 (new).]
[2005, c. 216, §1 (rpr).]
3. Visit to correctional facilities and communications with clients and staff. A member of a board of visitors may visit the correctional facility to which that board is assigned and may speak with clients
and with staff. The member shall comply with all departmental policies and procedures and facility security practices regarding
access to the correctional facility, shall adhere to all federal and state law regarding confidentiality and shall refer concerns
or complaints regarding specific individuals to the chief administrative officer or advocate.
A.
[2005, c. 216, §1 (rp).]
B.
[2005, c. 216, §1 (rp).]
[2005, c. 216, §1 (rpr).]
4. Volunteer activities. Volunteer activities of a member of a board of visitors may be prescribed by departmental policies regarding volunteer activities
generally.
[2005, c. 216, §1 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§13,59
(AMD).
PL 1983,
Ch. 812,
§258
(AMD).
PL 1989,
Ch. 503,
§B159
(AMD).
PL 2005,
Ch. 216,
§1
(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 - §3003. Confidentiality of information (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3003. Confidentiality of information (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§14,59
(AMD).
PL 1985,
Ch. 59,
§
(AMD).
PL 1985,
Ch. 266,
§2
(AMD).
PL 1985,
Ch. 737,
§A90
(AMD).
PL 1987,
Ch. 633,
§2,3
(AMD).
PL 1987,
Ch. 714,
§10
(AMD).
PL 1991,
Ch. 314,
§27
(AMD).
PL 1993,
Ch. 13,
§1,2
(AMD).
PL 1993,
Ch. 354,
§14
(AMD).
PL 1995,
Ch. 368,
§R8-10
(AMD).
PL 1995,
Ch. 418,
§A39
(AMD).
PL 1997,
Ch. 278,
§3-5
(AMD).
PL 1997,
Ch. 464,
§9,10
(AMD).
PL 1997,
Ch. 714,
§2,3
(AMD).
PL 1999,
Ch. 583,
§6
(AMD).
PL 2001,
Ch. 208,
§1
(AMD).
PL 2001,
Ch. 386,
§12
(AMD).
PL 2001,
Ch. 452,
§15
(AMD).
PL 2003,
Ch. 205,
§11
(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 - §3004. Legal actions
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3004. Legal actions
1. Contract actions. Actions founded on any contract made with the State Purchasing Agent, or with any official of the department under the authority
granted by the State Purchasing Agent, on behalf of a correctional or detention facility may be brought by the official making
the contract or the official's successor in office.
[1991, c. 314, §28 (amd).]
2. Actions for injuries to property. Actions for injuries to the real or personal property of the State, used by any correctional or detention facility and under
the management of an officer of the facility, may be prosecuted in the name of the officer or the officer's successor in office.
[1991, c. 314, §28 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§28
(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 - §3005. Emergencies
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3005. Emergencies
When emergency situations are certified by the chief administrative officer to exist at a correctional or detention facility,
the commissioner may, with the approval of the Governor, assign personnel as may be necessary from another facility or division
of the department to assist in controlling the emergency situation.
[1991, c. 314, §29 (amd).]
1. Temporary assignment. The assignment of personnel shall be only for the period during which the emergency exists.
[1983, c. 459, §6 (new).]
2. Compensation. Any personnel transferred are entitled to receive compensation as required by the Civil Service Law, rules and contract terms.
[1985, c. 785, Pt. B, §152 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B152
(AMD).
PL 1991,
Ch. 314,
§29
(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 - §3006. Improper conduct of correctional facility officers (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3006. Improper conduct of correctional facility officers (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§15,59
(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 - §3007. Posting of political material
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3007. Posting of political material
The chief administrative officer of each correctional or detention facility shall provide in at least one accessible area
in each facility an appropriate space for the posting of written political material sent for that purpose to the chief administrative
officer by candidates for state office or federal office in this State.
[1991, c. 314, §30 (amd).]
1. One item limit. No more than one item of written political material may be posted in one place on behalf of any one candidate.
[1983, c. 459, §6 (new).]
2. Removal. Written political material shall be removed after the elections for which it is intended for use.
[1983, c. 459, §6 (new).]
3. Voting place. If there is a voting place within the facility, the posting place may not be located within 250 feet of the entrance to the
voting place.
[1983, c. 459, §6 (new).]
4. Violation. The posting of written political material under this section is not a violation of Title 21-A, section 32 or Title 21-A,
section 674, subsection 1, paragraph C.
[1993, c. 473, §43 (amd); §46 (aff).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 161,
§15
(AMD).
PL 1991,
Ch. 314,
§30
(AMD).
PL 1993,
Ch. 473,
§43
(AMD).
PL 1993,
Ch. 473,
§46
(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 - §3008. Reallocation of correctional facility appropriations (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3008. Reallocation of correctional facility appropriations (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 583,
§7
(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 - §3009. Public ways and parking areas
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3009. Public ways and parking areas
1. Rules. The chief administrative officers of correctional or detention facilities may adopt and enforce rules, subject to the approval
of the commissioner, governing the use of public ways and parking areas maintained by the State at the facilities.
A. The rules must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.
[1991, c. 314, §31 (amd).]
B. The Secretary of State shall forward a copy of the rules, attested under the Great Seal of the State of Maine, to the District
Court in the area of jurisdiction.
[1983, c. 459, §6 (new).]
[1991, c. 314, §31 (amd).]
2. Special police officers. The chief administrative officers of correctional or detention facilities may appoint and employ, subject to the Civil Service
Law, special police officers for the purpose of enforcing rules promulgated under subsection 1.
A. The special police officers shall:
(1) Patrol all the public ways and parking areas subject to this section;
(2) Enforce rules promulgated under this section; and
(3) Arrest and prosecute violators of the rules.
[1983, c. 459, §6 (new).]
B. The State Police, sheriffs, deputy sheriffs, police officers and constables who have jurisdiction over the areas in which
the correctional or detention facilities are located shall, insofar as possible, cooperate with the special police officers
in the enforcement of the rules promulgated under subsection 1.
[1991, c. 314, §32 (amd).]
[1991, c. 314, §32 (amd).]
3. Court procedure. The District Court, in the areas in which the facilities are located, has jurisdiction in all proceedings brought under this
section.
A. The District Court shall take judicial notice of all rules promulgated under subsection 1.
[1983, c. 459, §6 (new).]
B. In any prosecution for a violation of the rules, the complaint may allege the offense as in prosecutions under a general
statute and need not recite the rule.
[1983, c. 459, §6 (new).]
[1991, c. 314, §33 (amd).]
4. Prohibited acts; fines. Prohibited acts and fines under this section are governed as follows.
A. A person is guilty of a public ways or parking violation if he violates any rule promulgated pursuant to this section.
[1983, c. 459, §6 (new).]
B. Upon conviction of a public ways or parking violation, a person shall pay a fine as follows:
(1) For the first offense in any calendar year, a fine of $1;
(2) For the 2nd offense in any calendar year, a fine of $2; and
(3) For each offense in excess of 2 in any calendar year, a fine of $5.
[1983, c. 459, §6 (new).]
C. Notwithstanding any other law, the fines and costs of court paid under this section shall inure to the municipality in which
the proceedings take place.
[1983, c. 459, §6 (new).]
D. Offenses not covered by the rules promulgated under subsection 1 shall be dealt with as otherwise provided by law.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B153
(AMD).
PL 1991,
Ch. 314,
§31-33
(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 - §3010. Limit on prison population in Knox County (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3010. Limit on prison population in Knox County (REPEALED)
Section History:
PL 1989,
Ch. 925,
§18
(NEW).
PL 1997,
Ch. 28,
§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 - §3011. Investigative officers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 1: ADMINISTRATIVE PROVISIONS
§3011. Investigative officers
1. Exercise of law enforcement powers. Investigative officers who are certified by the Board of Trustees of the Maine Criminal Justice Academy as law enforcement
officers may exercise the powers of other law enforcement officers with respect to offenses relating to the security or orderly
management of a facility administered by the department, if authorized to exercise these powers by the commissioner. Investigative
officers may not exercise law enforcement powers against other employees of the department. These powers are in addition
to any powers the officers may otherwise have as employees of the department. Internal investigations of employees of the
department must be conducted pursuant to any applicable collective bargaining agreement.
[1997, c. 102, §2 (new).]
2. Working agreement. The commissioner shall negotiate a working agreement with the Department of the Attorney General concerning procedures and
respective responsibilities for the exercise of law enforcement powers by investigative officers pursuant to subsection 1.
[1997, c. 102, §2 (new).]
Section History:
PL 1997,
Ch. 102,
§2
(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 - §3031-A. Transportation outside the State for medical care
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3031-A. Transportation outside the State for medical care
1. Transportation. A person residing in a correctional or detention facility may be transported by the department for medical care outside
the State if the facility's treating physician determines the care is necessary and unavailable within the State.
[2001, c. 386, §13 (new).]
2. Costs. The person, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers.
[2001, c. 386, §13 (new).]
Section History:
PL 2001,
Ch. 386,
§13
(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 - §3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility
Effective July 1, 2004, the department or its contracted medical provider may pay to a provider of a medical service for a
person residing in a correctional or detention facility an amount no greater than the reimbursement rate applicable to that
provider and that service as established by rule of the Department of Human Services for the MaineCare program under Title
22. This limitation applies to all medical care services, goods, prescription drugs and medications provided to a person
outside the facility.
[2003, c. 513, Pt. E, §1 (new).]
Section History:
PL 2003,
Ch. 513,
§E1
(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 - §3031. Rights
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3031. Rights
Any person residing in a correctional or detention facility has a right to:
[1991, c. 314, §34 (amd).]
1. Food. Nutritious food in adequate quantities;
[1983, c. 459, §6 (new).]
2. Medical care. Adequate professional medical care and adequate professional mental health care, which do not include medical treatment or
mental health treatment requested by the client that the facility's treating physician or treating psychiatrist or psychologist
determines unnecessary. The commissioner may establish medical and dental fees not to exceed $5 for the medical and dental
services that are provided pursuant to this subsection and a fee not to exceed $5 for prescriptions, medication or prosthetic
devices. Except as provided in paragraph A, every client may be charged a medical or dental services fee for each medical
or dental visit, prescription, medication or prosthetic device. The facility shall collect the fee. All money received by
the department under this subsection is retained by the facility to offset the cost of medical and dental services, prescriptions,
medication and prosthetic devices.
A. A client is exempt from payment of medical and dental services fees and fees for prescriptions, medication or prosthetic
devices when the client:
(1) Receives treatment initiated by facility staff;
(2) Is a juvenile;
(3) Is pregnant;
(4) Is seriously mentally ill or developmentally disabled. For the purposes of this paragraph, "seriously mentally ill"
or "developmentally disabled" means a client who, as a result of a mental disorder or developmental disability, exhibits emotional
or behavioral functioning that is so impaired as to interfere substantially with the client's capacity to remain in the general
prison population without supportive treatment or services of a long-term or indefinite duration, as determined by the facility's
psychiatrist or psychologist;
(5) Is an inpatient at a state-funded mental health or mental retardation facility;
(6) Is undergoing follow-up treatment;
(7) Receives emergency treatment as determined by the facility's medical or dental staff; or
(8) Has less than $15 in the client's facility account and did not receive additional money from any source for 6 months
following the medical or dental service or provision of the prescription, medication or prosthetic device.
[1995, c. 462, Pt. D, §6 (amd).]
B. Notwithstanding paragraph A, the State may bring a civil action in a court of competent jurisdiction to recover the cost
of medical, dental, psychiatric or psychological expenses incurred by the State on behalf of a client incarcerated in a facility.
The following assets are not subject to judgment under this paragraph:
(1) Joint ownership, if any, that the client 0ay have in real property;
(2) Joint ownership, if any, that the client may have in any assets, earnings or other sources of income; and
(3) The income, assets, earnings or other property, both real and personal, owned by the client's spouse or family.
[1995, c. 201, §2 (rpr).]
C.
[1995, c. 201, §2 (rp).]
A person who has not attained 18 years of age but who is residing in a correctional facility pursuant to a conviction as an
adult may consent to necessary medical care as if the person had attained 18 years of age.
[2001, c. 458, §4 (amd).]
3. Living conditions. An acceptable level of sanitation, ventilation and light;
[1983, c. 459, §6 (new).]
4. Sleeping space. A reasonable amount of space per person in any sleeping area;
[1983, c. 459, §6 (new).]
5. Exercise and recreation. A reasonable opportunity for physical exercise;
[1989, c. 127, §5 (amd).]
6. Protection from abuse. Protection against any physical or psychological abuse;
[1983, c. 459, §6 (new).]
7. Area for personal effects. A reasonably secure area for the maintenance of permitted personal effects; and
[1983, c. 459, §6 (new).]
8. Visitation. A reasonable opportunity to visit with relatives and friends, in accordance with departmental policies and institutional
procedures, provided that the department may restrict or prohibit visits when the restriction or prohibition is necessary
for the security of the institution.
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§16,59
(AMD).
PL 1985,
Ch. 752,
§3
(AMD).
PL 1987,
Ch. 276,
§
(AMD).
PL 1989,
Ch. 127,
§5
(AMD).
PL 1991,
Ch. 314,
§34,35
(AMD).
PL 1995,
Ch. 201,
§2
(AMD).
PL 1995,
Ch. 462,
§D6
(AMD).
PL 1999,
Ch. 583,
§8
(AMD).
PL 2001,
Ch. 458,
§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 - §3032. Disciplinary action
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3032. Disciplinary action
The commissioner shall adopt rules describing disciplinary offenses and punishments in facilities under the general administrative
supervision of the department and establishing a fair and orderly procedure for processing disciplinary complaints. The rules
must conform to the following requirements.
[1991, c. 314, §36 (amd).]
1. Fairness and equity. The rules shall ensure the maintenance of a high standard of fairness and equity.
[1983, c. 459, §6 (new).]
2. Corporal punishment. Corporal punishment may not be imposed.
[1983, c. 459, §6 (new).]
3. Segregation. The imposition of segregation at all correctional facilities, except juvenile correctional facilities, is subject to the
following conditions.
A. All punishments involving segregation shall be first approved by the chief administrative officer of the correctional facility.
[1983, c. 459, §6 (new).]
B. The prisoner shall be provided with a sufficient quantity of wholesome and nutritious food.
[1983, c. 459, §6 (new).]
C. Adequate sanitary and other conditions required for the health of the prisoner shall be maintained.
[1983, c. 459, §6 (new).]
D. When segregation exceeds 24 hours, the chief administrative officer of the correctional facility shall cause the facility's
physician or a member of the facility's medical staff to visit the person immediately and, at least once in each succeeding
24-hour period of confinement, to examine the person's state of health. When no physician or medical staff member is available
within the facility to visit as required by this paragraph, a staff person who has received in-service training appropriate
for the duties required by this section from a licensed health professional shall visit in lieu of the visit by the physician
or medical staff member the person in confinement. The staff person making the visit shall immediately contact the physician
or medical staff member on call if there is reasonable cause to believe the action is necessary.
(1) The chief administrative officer shall give full consideration to recommendations of the physician or medical staff member
as to the person's dietary needs and the conditions of the person's confinement required to maintain that person's health.
(2) If the recommendations of the physician or medical staff member regarding a person's dietary or other health needs while
in segregation are not carried out, the chief administrative officer shall immediately convey the reasons and circumstances
for this decision to the commissioner for review and final disposition.
[1989, c. 127, §6 (amd).]
E. If a person is held in segregation or solitary confinement for more than 5 days, the chief administrative officer shall
send a report of the confinement to the commissioner, giving the reasons for the confinement.
[1983, c. 459, §6 (new).]
[1999, c. 583, §9 (amd).]
4. Loss of good time. All punishments involving loss of good time or withdrawal of deductions must be first approved by the chief administrative
officer.
[1997, c. 464, §11 (amd).]
5. Specific facilities. Punishment at specific correctional facilities is governed as follows.
A. Punishment at all correctional facilities, except juvenile correctional facilities, may consist of warnings, loss of privileges,
restitution, monetary sanctions, labor at any lawful work, confinement to a cell, segregation or a combination of these.
[2005, c. 329, §7 (amd).]
B. Punishment at juvenile correctional facilities and any detention facility may consist of warnings, restitution, labor at
any lawful work and loss of privileges.
[1999, c. 583, §11 (amd).]
[2005, c. 329, §7 (amd).]
5-A. Restitution. The imposition of restitution at all facilities is subject to the following conditions.
A. Restitution may be imposed for the purpose of replacing or repairing property destroyed or damaged by the prisoner or juvenile
while the prisoner or juvenile is at the institution. When restitution is imposed at a facility, a prisoner or a juvenile
who is subject to that restitution and who is able to generate money from whatever source shall pay 25% of that money to
the facility where the damage occurred. The facility shall collect that money and apply it to defray the cost of replacement
or repair of the items destroyed or damaged.
[1995, c. 197, §2 (amd).]
A-1. Restitution may be imposed for the purpose of paying the cost of medical care incurred as a result of the conduct of a prisoner
or juvenile while the prisoner or juvenile is at the institution. When restitution is imposed at a facility, a prisoner or
a juvenile who is subject to that restitution and who is able to generate money from whatever source shall pay 25% of that
money to the facility where the medical care was provided. The facility shall collect that money and apply it to defray the
cost of medical care.
[1995, c. 197, §2 (new).]
B. A prisoner or juvenile who is transferred to another facility remains liable for any restitution authorized under this chapter.
The facility receiving the prisoner or juvenile shall collect the restitution and transfer it to the facility where the damage
occurred or where the medical care was provided.
[1995, c. 197, §2 (amd).]
B-1. A prisoner or juvenile who is discharged from the facility remains liable for any restitution authorized under this chapter.
If the prisoner or juvenile is returned to the custody of the department, any facility in which the prisoner or juvenile
resides shall collect the restitution and ensure that it is used to defray the costs as set out in this chapter.
[2003, c. 706, Pt. A, §9 (new).]
C. Restitution is not authorized if its imposition would create an excessive financial hardship, as determined by the department,
on the dependents of the prisoner. Any payments made for the support of the dependents that are required by the Department
of Health and Human Services may not be used for restitution payments.
[1995, c. 197, §2 (new); 2003, c. 689, Pt. B, §6 (rev).]
[2003, c. 689, Pt. B, §6 (rev); c. 706, Pt. A, §9 (amd).]
5-B. Monetary sanctions. The imposition of monetary sanctions at adult correctional facilities is subject to the following conditions.
A. When a monetary sanction is imposed at a facility, a prisoner who is subject to that monetary sanction and who is able to
generate money shall pay 25% of that money to the facility where the monetary sanction was imposed. The facility shall collect
that money and apply it to defray the cost of holding disciplinary hearings.
[2005, c. 329, §8 (new).]
B. A prisoner who is transferred to another facility remains liable for any monetary sanction authorized under this chapter.
The facility receiving the prisoner shall collect the monetary sanction and transfer it to the facility where the monetary
sanction was imposed.
[2005, c. 329, §8 (new).]
C. A prisoner who is discharged from a facility remains liable for any monetary sanction authorized under this chapter. If
the prisoner is returned to the custody of the department, any facility in which the prisoner resides shall collect the monetary
sanction and ensure that it is used to defray costs as set out in this chapter.
[2005, c. 329, §8 (new).]
D. A monetary sanction is not authorized if its imposition would create an excessive financial hardship, as determined by the
department, on the dependents of the prisoner. Any payments made for the support of the dependents that are required by the
Department of Health and Human Services may not be used for monetary sanction payments.
[2005, c. 329, §8 (new).]
[2005, c. 329, §8 (new).]
6. Impartial hearing. If the punishment may affect the term of commitment, sentence or parole eligibility or may involve restitution, monetary
sanctions, labor at any lawful work or segregation, the chief administrative officer of the facility shall, before imposing
punishment, provide an impartial hearing at which the client has the following rights.
A. The client is entitled to be informed in writing of the specific nature of the alleged misconduct.
[1991, c. 314, §39 (amd).]
B. The client is entitled to the right to be present at the hearing, except that the client may be prevented from attending
or be removed if the client's behavior indicates that the client is in danger of self-injury or a danger to other persons
or property.
[1991, c. 314, §39 (amd).]
C. The client is entitled to present evidence on the client's behalf.
[1991, c. 314, §39 (amd).]
D. The client is entitled to call one or more witnesses, which right may not be unreasonably withheld or restricted.
[1991, c. 314, §39 (amd).]
E. The client is entitled to question any witness who testifies at the hearing, which right may not be unreasonably withheld
or restricted.
[1991, c. 314, §39 (amd).]
F. The client is entitled to be represented by counsel substitute as prescribed in the rules.
[1991, c. 314, §39 (amd).]
G. A record must be maintained of all disciplinary complaints, hearings, proceedings and dispositions.
[1991, c. 314, §39 (amd).]
H. The client is entitled to appeal the final disposition, before imposition of punishment, to the chief administrative officer
of the facility.
[1991, c. 314, §39 (amd).]
I. If, at any stage of the proceedings, the client is cleared of the charges in a complaint, or the complaint is withdrawn,
all documentation relating to the complaint must be expunged.
[1991, c. 314, §39 (amd).]
[2005, c. 329, §9 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§17,59
(AMD).
PL 1985,
Ch. 352,
§3-5
(AMD).
PL 1987,
Ch. 299,
§
(AMD).
PL 1989,
Ch. 127,
§6
(AMD).
PL 1991,
Ch. 314,
§36-39
(AMD).
PL 1995,
Ch. 197,
§2
(AMD).
PL 1997,
Ch. 464,
§11
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 583,
§9-11
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2003,
Ch. 706,
§A9
(AMD).
PL 2005,
Ch. 329,
§7-9
(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 - §3033. Work assignments
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3033. Work assignments
1. Public works. The commissioner may authorize the employment of able-bodied prisoners in the construction and improvement of highways or
other public works within the State under such arrangements as may be made with the Department of Transportation or with another
department or commission of the State, county or municipality in charge of these public works, and the commissioner may prescribe
whatever rules and conditions the commissioner considers expedient to ensure the proper care and treatment of the prisoners
while so employed and to ensure their safekeeping and return.
[1989, c. 127, §7 (amd).]
2. Fire or disaster. The commissioner may authorize the training and use of able-bodied prisoners by the Bureau of Forestry or the Maine Emergency
Management Agency, to fight fires or provide assistance during or after a civil disaster.
[1989, c. 127, §8 (amd).]
3. Charitable property improvement. The commissioner may authorize the use of able-bodied prisoners to provide assistance in the improvement of property owned
by charitable, nonprofit organizations.
A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the
safe working conditions of prisoners and departmental employees.
[1983, c. 581, § § 18, 59 (new).]
B. The commissioner may request that charitable, nonprofit organizations pay for the transportation of the prisoners and pay
the per diem compensation of guards, correctional officers or instructors who must accompany the prisoners or oversee the
work to be performed.
[1983, c. 581, § § 18, 59 (new).]
[1983, c. 581, § § 18, 59 (rpr).]
4. Prohibited act. A person is guilty of escape under Title 17-A, section 755, if that person is a prisoner and escapes from any assignments
described in this section or from any other assignment beyond the walls or other security restraints surrounding a correctional
facility or otherwise off the grounds of an assigned location.
[1989, c. 127, §9 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§18,59
(AMD).
PL 1987,
Ch. 370,
§7
(AMD).
PL 1989,
Ch. 127,
§7-9
(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 - §3034. Prisoner labor (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3034. Prisoner labor (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§19,59
(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 - §3035-A. Solid waste recycling program (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3035-A. Solid waste recycling program (REPEALED)
Section History:
PL 1989,
Ch. 587,
§1
(NEW).
PL 1999,
Ch. 583,
§12
(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 - §3035. Rehabilitative programs
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3035. Rehabilitative programs
The commissioner may adopt, implement and establish rules for rehabilitative programs, including work release, restitution
and furlough, as authorized by Title 17-A, chapter 54, within the facilities under the commissioner's control.
[1991, c. 314, §40 (amd).]
1. Work release and restitution. The chief administrative officer may permit any client under sentence to the department and any juvenile client considered
to be worthy of trust to participate in activities outside the facility under the following conditions.
A. Activities may include training and employment.
[1983, c. 459, §6 (new).]
B. Activities are subject to rules promulgated by the commissioner.
[1983, c. 459, §6 (new).]
C. Activities must, in the judgment of the chief administrative officer, contribute to the reformation of the client and assist
in preparing the client for eventual release.
[1991, c. 314, §40 (amd).]
D. Transportation to work release job sites must be arranged by the commissioner.
(1) Clients participating in the work release program must be assessed an equitable share of the cost of the transportation.
(2) Funds received from clients for work release transportation must be placed in the General Fund.
[1991, c. 314, §40 (amd).]
E. Every client participating in the work release program is liable for the cost of board in the facility.
(1) The reasonable cost of board for a client in a facility is fixed by the commissioner. In fixing the reasonable cost
of the board to be paid, the commissioner shall take into consideration other state laws or judicial determinations that affect
the client's income.
(2) Funds received from clients for the board must be placed in the General Fund.
[1991, c. 314, §40 (amd).]
[1991, c. 314, §40 (amd).]
2. Furlough. Subject to subsection 5, the commissioner may grant to a client under sentence to the department and a juvenile client furlough
from the facility in which the client is confined under the following conditions.
A. Furlough may only be granted subject to rules adopted by the commissioner.
[1983, c. 459, §6 (new).]
B. Furlough may be granted for not more than 10 days at one time for a visit to a dying relative, for attendance at the funeral
of a relative, for the contacting of prospective employers or for any other reason consistent with the rehabilitation of a
client.
[1991, c. 314, §40 (amd).]
C. Furlough may be granted for the obtaining of medical services for a period longer than 10 days if medically required.
[1983, c. 459, §6 (new).]
[1991, c. 314, §40 (amd).]
3. Copy of rules. Copies of rules must be provided to clients as follows.
A. The chief administrative office of a facility adopting a rehabilitative program under this section shall provide to any
client permitted outside a facility under this section a copy of the rules of the commissioner applicable to the program in
which the client is permitted to participate or to the client's furlough.
[1991, c. 314, §40 (amd).]
B. The client shall attest to the receipt of the copy of the rules.
[1991, c. 314, §40 (amd).]
[1991, c. 314, §40 (amd).]
4. Prohibited acts. Prohibited acts under this section are governed as follows.
A. A person who is 17 years of age or older is guilty of interference with a rehabilitative program or furlough if the person
willfully obstructs, intimidates or otherwise abets any client participating in a program, or on furlough, under this section,
and thereby contributes or causes the client to violate the terms of the client's program participation or furlough, after
having been warned by the chief administrative officer of the facility to end the relationship or association with the client.
[1991, c. 314, §40 (amd).]
B. Interference with a rehabilitative program or furlough is a Class E crime, except that, not withstanding Title 17-A, the
court may sentence a person to imprisonment for not more than 11 months.
[1983, c. 459, §6 (new).]
[1991, c. 314, §40 (amd).]
5. Time served before furlough. No furlough may be granted until the client has served 50% of the original sentence imposed, after consideration of any
good time that the client has received and retained under Title 17-A, section 1253. This section does not apply to furloughs
granted under subsection 2, paragraph B or C.
[1991, c. 314, §40 (amd).]
6. Notification of law enforcement agencies. A prisoner may not participate in a furlough under subsection 2 unless, in advance of the chief administrative officer's
consideration of the request for that furlough, the department notifies:
A. The district attorney for the district in which the prisoner will reside;
[1997, c. 714, §4 (new).]
B. The sheriff for the county in which the prisoner will reside;
[1997, c. 714, §4 (new).]
C. The chief of police of any municipality in which the prisoner will reside;
[1997, c. 714, §4 (new).]
D. The Department of Public Safety; and
[1997, c. 714, §4 (new).]
E. The district attorney for the district where the prisoner's underlying commitment to the department originated.
[1997, c. 714, §4 (new).]
If the department grants a prisoner furlough request, the department shall again notify those listed in paragraphs A to E.
A furlough may be granted in an emergency without any prior notification as long as notification is given as soon as practicable.
[1997, c. 714, §4 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§20,59
(AMD).
PL 1983,
Ch. 734,
§
(AMD).
PL 1987,
Ch. 729,
§1,2
(AMD).
PL 1991,
Ch. 314,
§40
(AMD).
PL 1997,
Ch. 714,
§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 - §3036-A. Supervised community confinement program
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3036-A. Supervised community confinement program
1. Establishment. The commissioner may adopt rules establishing and governing a supervised community confinement program for certain prisoners
committed to the department.
[1991, c. 845, §4 (new).]
2. Participation. With the consent of the prisoner the commissioner may permit any prisoner committed to the department to be transferred
from a correctional facility to supervised community confinement subject to the following restrictions.
A. A transfer to supervised community confinement may only be granted subject to rules adopted by the commissioner.
[1991, c. 845, §4 (new).]
B. A prisoner may not be transferred to supervised community confinement until the prisoner has served at least 23 of the
term of imprisonment imposed or, in the case of a split sentence, at least 23 of the unsuspended portion, after consideration
of any deductions that the prisoner has received and retained under Title 17-A, section 1253 if the term of imprisonment or,
in the case of a split sentence, the unsuspended portion is more than 5 years. A prisoner may not be transferred to supervised
community confinement until the prisoner has served at least 12 of the term of imprisonment imposed or, in the case of a
split sentence, at least 12 of the unsuspended portion after consideration of any deductions that the prisoner has received
and retained under Title 17-A, section 1253 if the term of imprisonment or, in the case of a split sentence, the unsuspended
portion is 5 years or less.
[2001, c. 141, §1 (amd).]
C. Except as provided in paragraph C-1, a prisoner may not be transferred to supervised community confinement unless the prisoner
has no more than one year remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion,
after consideration of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
[2003, c. 711, Pt. A, §21 (amd); Pt. D, §2 (aff).]
C-1. If the commissioner determines that the average statewide probation case load is no more than 90 probationers to one probation
officer, then a prisoner may be transferred to supervised community confinement if that prisoner has no more than 2 years
remaining on the term of imprisonment or, in the case of a split sentence, on the unsuspended portion, after consideration
of any deductions that the prisoner has received and retained under Title 17-A, section 1253.
[2003, c. 711, Pt. A, §22 (new); Pt. D, §2 (aff).]
D. A prisoner may not be transferred to supervised community confinement if the prisoner has a security classification level
higher than minimum.
[1991, c. 845, §4 (new).]
[2003, c. 711, Pt. A, §§21, 22 (amd); Pt. D, §2 (aff).]
3. Mandatory conditions for supervised community confinement. Prisoners transferred to supervised community confinement are subject to the following mandatory conditions.
A. The prisoner must be involved in a program of work or education that is approved by the commissioner together with any treatment
program that the commissioner might require.
[1991, c. 845, §4 (new).]
B. The prisoner must live in a residence that is approved by the commissioner.
[1991, c. 845, §4 (new).]
C. The prisoner must be subject to a curfew set by the commissioner during which time the prisoner must be at the approved
residence.
[1991, c. 845, §4 (new).]
D. The prisoner must be subject to travel or movement restrictions set by the commissioner limiting the prisoner's travel to
times and places directly related to approved employment, education, treatment or such other specific purposes as are approved
in advance by the commissioner.
[1991, c. 845, §4 (new).]
E. The prisoner must be subject to searches of the prisoner's person, residence, papers and effects without a warrant and without
probable cause, for items prohibited by law or by the conditions of supervised community confinement or otherwise subject
to seizure, upon the request of the commissioner. The commissioner may prohibit the prisoner from residing with anyone who
does not consent to a search of the residence to the extent necessary to search the prisoner's person, residence, papers and
effects.
[1991, c. 845, §4 (new).]
F. The prisoner may not possess or use illegal drugs or other illegal substances, may not possess or use alcohol and may not
abuse any other legal substance.
[1991, c. 845, §4 (new).]
G. The prisoner must submit to urinalysis, breath testing or other chemical tests without probable cause at the request of
the commissioner.
[1991, c. 845, §4 (new).]
H. The prisoner must notify any law enforcement officer, if stopped, of the prisoner's status as a prisoner on supervised community
confinement and notify the commissioner within 8 hours of any such contact with any law enforcement officer.
[1991, c. 845, §4 (new).]
I. The prisoner may not violate state or federal criminal law.
[1991, c. 845, §4 (new).]
J. When required by the commissioner and to the extent that the commissioner determines that the prisoner has the financial
resources, the prisoner must pay part or all of the costs of the prisoner's participation in the supervised community confinement
program.
[1991, c. 845, §4 (new).]
[1991, c. 845, §4 (new).]
4. Additional conditions. In addition to the mandatory conditions, the conditions of supervised community confinement that may be imposed on a prisoner
at any time include:
A. Any condition that may be imposed as a condition of probation pursuant to Title 17-A, section 1204; and
[1991, c. 845, §4 (new).]
B. Any condition that would be appropriate for the prisoner and the supervised community confinement program. The conditions
imposed may be as stringent or restrictive as, but not more stringent or restrictive than, those that may be constitutionally
imposed if the prisoner were actually housed at a maximum security institution.
[1991, c. 845, §4 (new).]
[1991, c. 845, §4 (new).]
5. Copy of rules. Copies of rules must be provided to prisoners as follows.
A. The commissioner shall provide to any prisoner permitted to participate in the supervised community confinement program
under this section a copy of the rules applicable to the program.
[1991, c. 845, §4 (new).]
B. The prisoner shall attest to the receipt of the copy of the rules.
[1991, c. 845, §4 (new).]
[1991, c. 845, §4 (new).]
6. Prohibited acts. Prohibited acts under this section are governed as follows.
A. A person 18 years of age or older is guilty of interference with supervised community confinement if that person intentionally
or knowingly obstructs, intimidates or otherwise abets any prisoner participating in the supervised community confinement
program under this section and intentionally contributes or causes the prisoner to violate any term of supervised community
confinement program participation, after having been warned by the commissioner to end the offending activity.
[1991, c. 845, §4 (new).]
B. Interference with supervised community confinement is a Class D crime.
[1991, c. 845, §4 (new).]
[1991, c. 845, §4 (new).]
7. Investigation of compliance. The commissioner, at any time and in any manner the commissioner determines appropriate, may investigate compliance with
the conditions imposed. The means of investigation may include, but are not limited to, the following:
A. Personal contact with the prisoner at the prisoner's residence, place of employment or any other place;
[1991, c. 845, §4 (new).]
B. Direct inquiry of the prisoner's employer, school or any other person or entity;
[1991, c. 845, §4 (new).]
C. Criminal, court and police agency investigations; and
[1991, c. 845, §4 (new).]
D. Credit and other financial inquiries.
[1991, c. 845, §4 (new).]
[1991, c. 845, §4 (new).]
8. Funding. Funds generated pursuant to this section must be deposited into the Supervised Community Confinement Account established
by the department, except that where authorized by the department, a person participating in the supervised community confinement
program may be required to pay fees directly to a provider of electronic monitoring, drug testing or other services. Funds
from this account, which may not lapse, must be used to pay for the costs of the supervised community confinement program.
[1993, c. 503, §1 (amd).]
9. Probation violation; revocation. If a prisoner on supervised community confinement violates a condition of supervised community confinement imposed on the
prisoner and if the violation conduct is also a violation of a condition of probation imposed as part of the sentence the
prisoner is serving while on supervised community confinement, a probation officer may file with any court a motion for revocation
of probation and the court may revoke probation as specified in Title 17-A, section 1206.
[1997, c. 464, §12 (amd).]
10. Terminally ill prisoner. With the consent of the prisoner, the commissioner may permit a prisoner committed to the department to be transferred from
a correctional facility to supervised community confinement without meeting the requirements of subsection 2, paragraphs B
and C if the facility's treating physician has determined that the prisoner is terminally ill and that care outside the correctional
facility for the remainder of the prisoner's illness is medically appropriate. Except as set out in this subsection, the
prisoner shall live in a hospital or other appropriate care facility, such as a nursing facility, residential care facility
or a facility that is a licensed hospice program pursuant to Title 22, section 8622, approved by the commissioner. As approved
by the commissioner, the prisoner may receive hospice services from an entity licensed pursuant to Title 22, chapter 1681,
subchapter 1 and, subject to approval by the commissioner, may live at home while receiving these hospice services. The commissioner
may exempt a prisoner transferred to supervised community confinement pursuant to this subsection from any mandatory condition
under subsection 3 that the commissioner determines to be inapplicable.
[2005, c. 68, §2 (amd).]
Section History:
PL 1991,
Ch. 845,
§4
(NEW).
PL 1993,
Ch. 170,
§1
(AMD).
PL 1993,
Ch. 503,
§1
(AMD).
PL 1997,
Ch. 464,
§12
(AMD).
PL 2001,
Ch. 141,
§1,2
(AMD).
PL 2003,
Ch. 205,
§13
(AMD).
PL 2003,
Ch. 711,
§A21,22
(AMD).
PL 2003,
Ch. 711,
§D2
(AFF).
PL 2005,
Ch. 68,
§2
(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 - §3036. Halfway house program (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3036. Halfway house program (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§41
(AMD).
PL 1995,
Ch. 502,
§F21
(AMD).
PL 1999,
Ch. 583,
§13
(AMD).
PL 2003,
Ch. 205,
§12
(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 - §3037. Physical and mental examination
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3037. Physical and mental examination
1. Requirement. The commissioner may require a physical and mental examination of any client.
[1991, c. 314, §42 (amd).]
2. Examiners. The commissioner shall designate competent examiners.
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§42
(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 - §3038-A. Care of children of committed offenders
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3038-A. Care of children of committed offenders
1. Commitment of child. If a client, at the time of commitment to the custody of the Department of Corrections, is the parent of and is providing
exclusive care for any child who might otherwise be left without proper care or guardianship, the judge committing that client
shall cause the child to be committed to:
A. A children's home provided by law for the child's care or guardianship;
[1983, c. 459, §6 (new).]
B. The care and custody of some relative or proper person willing to assume the care; or
[1983, c. 459, §6 (new).]
C. The custody of the Department of Health and Human Services.
[1983, c. 459, §6 (new); 2003, c. 689, Pt. B, §6 (rev).]
[1991, c. 314, §44 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Controlling statute. Any commitment of a child under this section is subject to Title 22, sections 4006, 4037, 4038, 4061 and 4063.
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1989,
Ch. 127,
§10
(AMD).
PL 1991,
Ch. 314,
§44
(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 - §3038. Administration of medication (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3038. Administration of medication (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§43
(AMD).
PL 2005,
Ch. 329,
§10
(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 - §3039-A. Family support
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3039-A. Family support
A prisoner may not participate in an industry program under section 1403, a work program under section 3035 or any other program
administered by the department by which a prisoner is able to generate money unless the prisoner consents to pay at least
25% of that money for the support of any dependent child if the parent, legal guardian or legal custodian of the child requests
that payment. Upon the written request of a parent, legal guardian or legal custodian, the chief administrative officer of
the correctional facility where the prisoner is incarcerated shall collect and disburse to the parent, legal guardian or legal
custodian that portion of the prisoner's money to be paid for the support of the dependent child. This section does not apply
to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the
Department of Health and Human Services.
[1997, c. 358, §4 (new); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1997,
Ch. 358,
§4
(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 - §3039. Clients' money
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3039. Clients' money
When any client confined in a correctional or detention facility receives money from any source, including compensation for
work authorized under other sections of Maine law or by a policy of the department, the money must be deposited in that facility's
clients' account.
[1991, c. 314, §45 (amd).]
1. Accounts. The commissioner shall adopt rules for use of the clients' account. These rules must include a provision allowing a client
to remove that client's money from the clients' account and place it in any type of investment outside the facility chosen
by the client. The chief administrative officer shall keep a record of all money in the clients' account and is responsible
for safekeeping of the money while the client is in the custody of the department and for the delivery of that money to the
client upon the client's discharge.
[2005, c. 329, §11 (amd).]
2. Interest. Any interest accruing as a result of the deposit of that money in the clients' account may, after first being used to defray
expenses of the account, be expended by the chief administrative officer of the facility for the general welfare of all clients
at that facility.
[1991, c. 314, §45 (amd).]
3. Use. During the client's confinement, any client may use that client's money in the clients' account by authorizing the chief
administrative officer to disburse the money in accordance with the rules governing the clients' account.
[1991, c. 314, §45 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§21,59
(RPR).
PL 1991,
Ch. 314,
§45
(AMD).
PL 2005,
Ch. 329,
§11
(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 - §3040-A. Property of deceased clients
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3040-A. Property of deceased clients
Property remaining in a correctional or detention facility as a result of a client's death is governed as follows.
[1991, c. 314, §47 (amd).]
1. Payment. Except as provided in subsection 4, if any client under the control of the department dies, leaving on deposit in the client's
account at a correctional or detention facility an amount not exceeding $1,000, and no personal representative of the client's
estate is appointed, the chief administrative officer may pay the balance of the client's account to the surviving spouse
or next of kin in accordance with the Probate Code, Title 18-A, sections 2-101 to 2-114, to the funeral director having any
bill outstanding for the burial of the decedent or to any other preferred creditor or creditors who may appear to be entitled
thereto, and shall deliver personal property in the chief administrative officer's custody to the surviving spouse or next
of kin in accordance with the Probate Code, Title 18-A, sections 2-101 to 2-114.
[1991, c. 824, Pt. A, §69 (amd).]
2. Time of payment. Payments or delivery pursuant to subsection 1 may not be made until 60 days have elapsed following the date of death of the
client.
[1991, c. 314, §47 (amd).]
3. Liability of payment. For any payment or delivery made pursuant to subsections 1 and 2, the chief administrative officer or the chief administrative
officer's designee acting under this section may not be held liable to the decedent's personal representative thereafter appointed,
or to the decedent's heirs, successors or assigns.
[1991, c. 314, §47 (amd).]
4. Alternative payment. Notwithstanding subsection 1, upon presentation of an affidavit under Title 18-A, section 3-1201, the chief administrative
officer shall pay the balance of any deposit in the client's account at a correctional or detention facility and deliver the
decedent's personal property to the client's successor under Title 18-A, sections 3-1201 and 3-1202. The payments under this
subsection take precedence over payments under subsection 1 to the extent of the balance of the deposits in the clients' account
and the personal property remaining in the custody of the chief administrative officer at the time the affidavit is presented.
[1991, c. 824, Pt. A, §69 (amd).]
Section History:
PL 1983,
Ch. 581,
§22,59
(NEW).
PL 1991,
Ch. 314,
§47
(AMD).
PL 1991,
Ch. 824,
§A69
(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 - §3040. Clients' property presumed abandoned
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3040. Clients' property presumed abandoned
Any property abandoned or unclaimed by a client in a correctional or detention facility must be disposed of according to Title
33, chapter 41.
[2003, c. 20, Pt. T, §32 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§46
(AMD).
PL 2003,
Ch. 20,
§T32
(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 - §3041. Reduction of sentence (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3041. Reduction of sentence (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§23,59
(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 - §3042. Disposition of detainers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3042. Disposition of detainers
1. Notice to prisoner. The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment
in a correctional facility in this State shall promptly inform the prisoner in writing of:
A. The source and contents of any untried indictment, information or complaint pending in this State against the prisoner of
which the commissioner, warden or other official has knowledge; and
[1983, c. 459, § 6 (new).]
B. The prisoner's right to request a final disposition of the untried indictment, information or complaint.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
2. Right to trial. A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on
any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice
in accordance with subsections 3 and 4.
[1983, c. 459, § 6 (new).]
3. Proper notice. To constitute proper notice under subsection 2, the prisoner must send to the prosecuting official of the county in which
the indictment, information or complaint is pending, and to the appropriate court, the following:
A. Written notice of the place of imprisonment;
[1983, c. 459, § 6 (new).]
B. Written notice of the request for final disposition to be made of the untried indictment, information or complaint; and
[1983, c. 459, § 6 (new).]
C. A certificate of the commissioner, warden or other official having custody of the prisoner stating:
(1) The term of commitment under which the prisoner is held;
(2) The time already served on the sentence;
(3) The time remaining to be served;
(4) The amount of good time earned;
(5) The time of parole eligibility of the prisoner; and
(6) Any decisions of the State Parole Board relating to the prisoner.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
4. Manner of giving proper notice. The manner of giving proper notice under subsection 2 is as follows.
A. The prisoner shall give or send the written notice of place of imprisonment and the written notice of request for final
disposition to the commissioner, warden or other official having custody of him.
[1983, c. 459, § 6 (new).]
B. The commissioner, warden or other official having custody of the prisoner shall promptly forward the written notices, together
with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
5. Continuance. For good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
[1987, c. 167, § 1 (rpr).]
6. Time limitation. If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner
gave or sent proper notice under subsection 2:
A. The untried indictment, information or complaint is no longer of any force or effect;
[1987, c. 167, § 2 (amd).]
B. No court has jurisdiction over it; and
[1983, c. 459, § 6 (new).]
C. The appropriate court shall enter an order dismissing it with prejudice.
[1983, c. 459, § 6 (new).]
[1987, c. 167, § 2 (amd).]
7. Effect of escape. If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided.
[1983, c. 459, § 6 (new).]
8. Exception. This section does not apply to any person adjudged to be mentally ill.
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1987,
Ch. 167,
§1,2
(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 - §3043. Aliens
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3043. Aliens
1. Notification of immigration officer. When a person is admitted or committed to a correctional facility, a county jail or any other state, county, city or private
institution which is supported wholly or in part by public funds, the chief administrative officer of the facility, jail or
institution shall inquire at once into the nationality of the person and, if it appears that the person is an alien, the chief
administrative officer shall notify immediately the United States immigration officer in charge of the district in which the
facility, jail or institution is located, of:
A. The date of and the reason for the alien's admission or commitment;
[1983, c. 459, § 6 (new).]
B. The length of time for which the alien is admitted or committed;
[1983, c. 459, § 6 (new).]
C. The country of which the alien is a citizen; and
[1983, c. 459, § 6 (new).]
D. The date on which and the port at which the alien last entered the United States.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
2. Copy of record to immigration officer. Upon the official request of the United States immigration officer in charge of the territory or district in which is located
any court committing an alien to a correctional facility, a county jail or any other state, county, city or private institution
which is supported wholly or in part by public funds, the clerk of the court shall furnish without charge a certified copy
of:
A. The complaint, information or indictment;
[1983, c. 459, § 6 (new).]
B. The judgment and sentence; and
[1983, c. 459, § 6 (new).]
C. Any other record pertaining to the alien's case.
[1983, c. 459, § 6 (new).]
[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 - §3044. Escapees; fugitives; apprehension
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3044. Escapees; fugitives; apprehension
1. Escapees. The commissioner shall take all proper measures for, and may, with the approval of the Governor, offer a reward for the apprehension
and return of any client in any correctional or detention facility who has escaped from the control of the department.
A. The reward may not exceed $1,000.
[1983, c. 581, §§24, 59 (rpr).]
B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw a warrant upon
the Treasurer of State for the payment of the reward.
[1991, c. 314, §48 (amd).]
[1991, c. 314, §48 (amd).]
2. Fugitives. When there is reasonable cause to believe that a person charged with a crime and unapprehended for it cannot be arrested
and secured in the ordinary course of proceedings, the Governor may, upon application in writing of the Attorney General or
district attorney for the county in which the crime was committed, and upon terms which he deems expedient and proper, offer
a suitable reward for the arrest, return and delivery into custody of the fugitive from justice.
A. The reward may not exceed $1,000.
[1983, c. 581, §§24, 59 (rpr).]
B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw his warrant upon
the Treasurer of State for the payment of the reward.
[1983, c. 581, §§24, 59 (rpr).]
[1983, c. 581, §§24, 59 (rpr).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§24,59
(RPR).
PL 1991,
Ch. 314,
§48
(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 - §3045. Unnatural death of client
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3045. Unnatural death of client
When the death of any client in any correctional or detention facility is not clearly the result of natural causes, an examination
and inquest must be held as in other cases, and the commissioner or the chief administrative officer of the facility shall
cause a medical examiner to be immediately notified for that purpose.
[1991, c. 314, §49 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§49
(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 - §3046. Funeral and deathbed visits
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3046. Funeral and deathbed visits
At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention
facility may attend the funeral of the client's spouse, natural, foster or adoptive mother, father, son, daughter, grandfather
or grandmother, grandchild, brother or sister, or the client's stepmother, stepfather, stepson, stepdaughter, stepgrandfather
or stepgrandmother, stepgrandchild or stepbrother or stepsister and may be permitted deathbed visits to any of those persons,
if the funeral or visit is held within the State.
[2001, c. 386, §14 (amd).]
1. Certification of terminal illness. Before a deathbed visit is permitted, terminal illness must be certified to the commissioner by the attending physician.
[1983, c. 581, §§25, 59 (new).]
2. Costs. The client, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers if the
officers are required by the commissioner.
[1991, c. 314, §51 (amd).]
Section History:
PL 1983,
Ch. 581,
§25,59
(NEW).
PL 1991,
Ch. 314,
§50,51
(AMD).
PL 2001,
Ch. 386,
§14
(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 - §3047. Discharge or parole
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 2: COMMITTED OFFENDERS GENERALLY
§3047. Discharge or parole
When any prisoner sentenced to the department is paroled or discharged, the commissioner:
[1991, c. 314, §52 (amd).]
1. Clothing. Shall ensure that the prisoner is provided with decent clothing;
[1991, c. 314, §52 (amd).]
2. Money. May give the prisoner an amount equal to the net salary of a single wage earner with no dependents for 40 hours of work
at the state minimum wage less all applicable state and federal deductions provided that any amount in excess of $50 may not
be provided by the General Fund, except that the commissioner may not give money to a prisoner who:
A. Has, within the 6 months prior to the date of parole or discharge, transferred from the clients' account to any person more
than $500, excluding any money transferred for the support of dependents; or
[1991, c. 314, §52 (amd).]
B. Has, on the date of parole or discharge, more than $500 in personal assets;
[RR 1991, c. 1, §48 (cor).]
[1993, c. 682, §2 (amd).]
3. Transportation. Shall furnish transportation to the place where the prisoner was convicted, except that:
A. If the prisoner's home is within the State, transportation must be furnished to the prisoner's home;
[1991, c. 314, §52 (amd).]
B. If the prisoner has secured employment within the State, transportation must be furnished to the place of employment;
[1991, c. 314, §52 (amd).]
C. If the prisoner's home is outside the State, or if the prisoner has secured employment outside the State, transportation
must be furnished to the place on the Maine border nearest the place of employment; or
[1991, c. 314, §52 (amd).]
D. If the prisoner requests a reasonable place nearer the place of incarceration than any of the foregoing, transportation
must be furnished to that place; or
[1991, c. 314, §52 (amd).]
[1991, c. 314, §52 (amd).]
4. Extreme circumstances. May, in extreme circumstances, if the prisoner's home is outside the State, or if the prisoner has secured employment outside
the State, furnish transportation to the prisoner's home or place of employment.
[1991, c. 314, §52 (amd).]
Section History:
PL 1983,
Ch. 581,
§25,59
(NEW).
PL 1991,
Ch. 314,
§52
(AMD).
RR 1991,
Ch. 1,
§48
(COR).
PL 1993,
Ch. 682,
§2
(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 - §3061. Transfer to correctional facilities
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3061. Transfer to correctional facilities
1. Transfer. The commissioner may transfer any client from one correctional or detention facility or program, including prerelease centers,
work release centers, halfway houses, supervised community confinement or specialized treatment facilities, to another, except
that no juvenile may be transferred to another facility or program for adult offenders.
[1991, c. 845, §5 (amd).]
2. Applicable rules. Any person transferred under this section shall be subject to the general rules of the facility or program to which he is
transferred, except that:
A. The term of his original sentence or commitment remains the same unless altered by the court; and
[1983, c. 581, §§26, 59 (rpr).]
B. The person becomes eligible for release and discharge as provided in Title 17-A, section 1254.
[1983, c. 581, §§26, 59 (rpr).]
[1983, c. 581, §§26, 59 (rpr).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§26,59
(RPR).
PL 1991,
Ch. 314,
§53
(AMD).
PL 1991,
Ch. 845,
§5
(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 - §3062. Transfer from the prison to a federal correctional institution
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3062. Transfer from the prison to a federal correctional institution
1. Requirements. The commissioner may transfer any prisoner sentenced to the department to a federal penal or correctional institution if
the United States Bureau of Prisons accepts the commissioner's application for transfer of the prisoner.
[1991, c. 314, §54 (amd).]
2. Contract. The commissioner may contract with the Attorney General of the United States, or such officer as the Congress may designate
under the United States Code, Title 18, Section 5003 and acts supplementing and amending it, in each individual case for the
care, custody, subsistence, education, treatment and training of any person transferred under this section.
A. The contract must provide for the reimbursement of the United States in full for all costs or other expenses involved, the
costs and expenses to be paid from the appropriation for the operation of the correctional facility.
[1991, c. 314, §55 (amd).]
B. The chief administrative officer shall affix to the contract a copy of the mittimus or mittimuses under which the prisoner
is held.
[1991, c. 314, §55 (amd).]
C. The contract and mittimus or mittimuses are sufficient authority for the United States to hold the prisoner on behalf of
the State.
[1983, c. 459, §6 (new).]
[1991, c. 314, §55 (amd).]
3. Effect on prisoner. The rights of transferred prisoners are governed as follows.
A. A prisoner transferred under this section is subject to the terms of his original sentence or sentences as if he were serving
the sentence or sentences within the confines of the prison.
[1983, c. 459, §6 (new).]
B. Nothing in this section deprives a prisoner transferred under this section of his rights to parole or his rights to legal
process in the courts of this State.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§27,59
(AMD).
PL 1991,
Ch. 314,
§54,55
(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 - §3063-A. Transfer from jails
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3063-A. Transfer from jails
The commissioner may accept custody of persons transferred to the department from county jails under Title 30-A, section 1557-A.
[1997, c. 464, §13 (amd).]
Section History:
PL 1995,
Ch. 368,
§R12
(NEW).
PL 1995,
Ch. 647,
§6
(AMD).
PL 1997,
Ch. 464,
§13
(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 - §3063. Transfer to jails
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3063. Transfer to jails
1. Transfer of prisoner. The commissioner may transfer a prisoner serving a sentence in a correctional facility to a county jail, upon the request
of the chief administrative officer and the approval of the sheriff of the jail.
[1999, c. 583, §14 (amd).]
2. Cost of transfer. The department shall pay the cost of the transfer or the return of the prisoner.
[1995, c. 368, Pt. R, §11 (rpr).]
3. Reimbursement. Upon the request of the sheriff of the jail receiving a prisoner pursuant to this section, the department shall pay directly
to the jail an amount computed at a per diem per capita rate established by the jail. The department shall reimburse the
jail for costs incurred in the provision of extraordinary medical or surgical treatment to the person transferred. The payment
amount provided for in this section may be adjusted or dispensed with on terms mutually agreeable to the department and the
sheriff, if the department houses any prisoners for the jail.
[1995, c. 368, Pt. R, §11 (rpr).]
4. Transferee subject to rules. A person transferred under this section is subject to the general rules of the facility to which the person is transferred,
except that:
A. The term of the original sentence remains the same unless altered by the court;
[1995, c. 368, Pt. R, §11 (rpr).]
B. The person becomes eligible for meritorious good time as provided in Title 17-A, section 1253 for a person committed to
the department;
[1995, c. 368, Pt. R, §11 (rpr).]
C. The person becomes eligible for release and discharge as provided in Title 17-A, section 1254 for a person committed to
the department;
[1995, c. 368, Pt. R, §11 (rpr).]
D. The person is entitled to have the time served in the jail under this section deducted from the sentence; and
[1995, c. 368, Pt. R, §11 (rpr).]
E. A person transferred under this section becomes eligible for furloughs, work or other release programs, and supervised community
confinement as authorized by sections 3035 and 3036-A and may apply pursuant to the rules governing the correctional facility
from which the prisoner was transferred.
[1995, c. 368, Pt. R, §11 (new).]
[1995, c. 368, Pt. R, §11 (rpr).]
5. Return of prisoner. A prisoner transferred pursuant to this section must be returned to the department upon the request of the commissioner
or the sheriff.
[1995, c. 368, Pt. R, §11 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§28,59
(RPR).
PL 1991,
Ch. 314,
§56
(AMD).
PL 1995,
Ch. 368,
§R11
(RPR).
PL 1999,
Ch. 583,
§14
(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 - §3064. Transfer from the prison to the minimum security unit (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3064. Transfer from the prison to the minimum security unit (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§29,59
(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 - §3065. Transfer from the prison to jails (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3065. Transfer from the prison to jails (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§29,59
(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 - §3066. Transfer from the Maine Correctional Center (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3066. Transfer from the Maine Correctional Center (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§29,59
(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 - §3067. Transfer from the Charleston Correctional Facility (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3067. Transfer from the Charleston Correctional Facility (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§29,59
(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 - §3068. Transfer from jails (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3068. Transfer from jails (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§29,59
(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 - §3069. Hospitalization for mental illness
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3069. Hospitalization for mental illness
1. Involuntary. When a prisoner of a correctional facility has been determined by a competent medical authority to require inpatient treatment
for mental illness, the chief administrative officer of that facility shall make application in accordance with Title 34-B,
section 3863.
A. Any person with respect to whom an application and certification under Title 34-B, section 3863 are made may be admitted
to either state mental health institute.
[1983, c. 459, §6 (new).]
B. Except as otherwise specifically provided in this section, Title 34-B, chapter 3, subchapter 4, Article 3 is applicable
to the person as if the admission of the person were applied for under Title 34-B, section 3863.
[2005, c. 329, §12 (amd).]
C. A copy of the document by which the person is held in the facility must accompany the application for admission.
[1991, c. 314, §57 (amd).]
D. If the sentence being served at the time of admission has not expired or commitment has not been terminated in accordance
with law at the time the person is ready for discharge from hospitalization, the person must be returned by the appropriate
officers of the correctional facility.
[2005, c. 329, §12 (amd).]
E. Admission to a hospital under this section has no effect upon a sentence then being served or a commitment then in effect.
The sentence continues to run and the commitment remains in force, unless terminated in accordance with law.
[1983, c. 459, §6 (new).]
[2005, c. 329, §12 (amd).]
2. Voluntary. The chief administrative officer of a correctional or detention facility may permit a person confined in the facility to
apply for informal admission to a state mental health institute under Title 34-B, section 3831.
A. Except as otherwise provided in this section, the provisions of law applicable to persons admitted to a state mental health
institute under Title 34-B, chapter 3, subchapter IV, Article II, apply to any person confined in a correctional or detention
facility who is admitted to a state mental health institute under that section.
[1991, c. 314, §57 (amd).]
B. A copy of the document by which the person is held in the facility must accompany the application for admission.
[1991, c. 314, §57 (amd).]
C. If the sentence being served at the time of admission has not expired or commitment has not been terminated in accordance
with law at the time the person is ready for discharge from hospitalization, the person must be returned by the appropriate
officers of the correctional or detention facility.
[1991, c. 314, §57 (amd).]
D. Admission to a mental health institute under this section has no effect upon a sentence then being served or a commitment
then in effect. The sentence continues to run and the commitment remains in force, unless terminated in accordance with law.
[1983, c. 459, §6 (new).]
[1991, c. 314, §57 (amd).]
3. Reincarceration planning. For each person hospitalized pursuant to this section, the Department of Health and Human Services, in consultation with
the chief administrative officer of the correctional facility and before the person is transferred back to the correctional
facility, shall develop a written treatment plan describing the recommended treatment to be provided to the person.
[2001, c. 659, Pt. D, §2 (new); 2003, c. 689, Pt. B, §6 (rev).]
4. Review use of seclusion and restraint with prisoners with major mental illness; report. Beginning October 1, 2003, the Department of Health and Human Services, utilizing its medical directors and forensic psychiatrists,
shall review the use of seclusion and restraint with prisoners with major mental illness in all adult correctional facilities.
The department and the Department of Health and Human Services shall agree to the design and scope of this review. This
review must include, but not be limited to, a case review of the rates of and duration of such practices with prisoners with
major mental illness, whether the use of seclusion and restraint is appropriate and whether there is a pattern of restraint
and seclusion with any particular prisoners with major mental illness. Beginning December 30, 2004 and annually thereafter,
the Department of Health and Human Services shall issue a written report that includes its findings and recommendations for
improvements determined to be necessary. That report must be forwarded to the commissioner and to the joint standing committee
of the Legislature having jurisdiction over criminal justice and public safety matters.
[2003, c. 482, Pt. C, §1 (new); c. 689, Pt. B, §6 (rev).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§57
(AMD).
PL 2001,
Ch. 659,
§D2
(AMD).
PL 2003,
Ch. 482,
§B1,C1
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 329,
§12
(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 - §3070. Hospitalization for mental retardation (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3070. Hospitalization for mental retardation (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§58
(AMD).
PL 1995,
Ch. 395,
§G20
(AFF).
PL 1995,
Ch. 395,
§G9
(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 - §3071. Removal for disease
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3071. Removal for disease
1. Dangerous diseases.
[1983, c. 581, §§30, 59 (rp).]
2. Contagious diseases. If a client in any correctional or detention facility requires medical care outside the facility, the commissioner may:
A. Cause the client to be removed to some suitable place of security where the client will receive all necessary care and medical
attention; and
[1999, c. 583, §15 (amd).]
B. Cause the client to be returned as soon as possible to the facility to be confined according to the sentence, if unexpired.
[1999, c. 583, §15 (amd).]
[1999, c. 583, §15 (amd).]
3. Tuberculosis.
[1991, c. 314, §60 (rp).]
4. Civil action to recover certain costs. The State may bring a civil action in any court of competent jurisdiction to recover the cost of any medical, dental, psychiatric
or psychological expenses incurred by the State on behalf of a client under this section. The following assets are not subject
to judgment under this subsection:
A. Joint ownership, if any, that the client may have in real property;
[1991, c. 314, §61 (amd).]
B. Joint ownership, if any, that the client may have in any assets, earnings or other sources of income; and
[1991, c. 314, §61 (amd).]
C. The income, assets, earnings or other property, both real and personal, owned by the client's spouse or family.
[1991, c. 314, §61 (amd).]
[1991, c. 314, §61 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§30,59
(AMD).
PL 1985,
Ch. 752,
§4
(AMD).
PL 1991,
Ch. 314,
§59-61
(AMD).
PL 1999,
Ch. 583,
§15
(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 - §3072. Treaty; transfer of noncitizens of the United States
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3072. Treaty; transfer of noncitizens of the United States
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders
to the country of which they are citizens or nationals, the Governor may, on behalf of the State and subject to the terms
of the treaty, authorize the Commissioner of Corrections to consent to the transfer or exchange of offenders and take any
other action necessary to initiate the participation of this State in the treaty.
[1985, c. 821, § 22 (new).]
Section History:
PL 1985,
Ch. 821,
§22
(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 - §3073. Transportation to and from courts
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 1: GENERAL PROVISIONS
Article 3: TRANSFER AND REMOVAL OF COMMITTED OFFENDERS
§3073. Transportation to and from courts
Notwithstanding any other provision of law, transportation of a prisoner between a correctional facility and a court in connection
with the prosecution of the prisoner for a crime committed within a correctional facility is the responsibility of the department,
unless the department and the sheriff agree that the sheriff will undertake the responsibility of the transportation at an
agreed-upon rate of reimbursement to the county by the department.
[2001, c. 228, §2 (new).]
Section History:
PL 2001,
Ch. 228,
§2
(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 - §3201-A. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 1: GENERAL PROVISIONS
§3201-A. Establishment
The Maine State Prison in Knox County is established for the confinement and rehabilitation of persons lawfully in the custody
of the department, as provided by law.
[1999, c. 583, §17 (new).]
Section History:
PL 1999,
Ch. 583,
§17
(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 - §3201. Maintenance (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 1: GENERAL PROVISIONS
§3201. Maintenance (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 314,
§62
(AMD).
PL 1991,
Ch. 656,
§
(AMD).
PL 1995,
Ch. 502,
§F22
(AMD).
PL 1997,
Ch. 752,
§35
(AMD).
PL 1999,
Ch. 583,
§16
(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 - §3231. Warden
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3231. Warden
1. Chief administrative officer. The chief administrative officer of the Maine State Prison is called the warden.
[1999, c. 583, §18 (rpr).]
2. Duties. In addition to other duties set out in this Title, the warden shall supervise and control the prisoners, pretrial detainees,
employees, grounds, buildings and equipment at the prison.
[1999, c. 583, §18 (rpr).]
3. Powers. In addition to other powers granted in this Title, the warden has the following powers.
A. The warden may appoint deputy wardens, subject to the Civil Service Law. A deputy warden designated by the warden has the
powers, duties, obligations and liabilities of the warden when the warden is absent from the prison location or is unable
to perform the duties of the office.
[1999, c. 583, §18 (rpr).]
B. The warden may, with the written approval of the commissioner, contract with the Director of the Federal Bureau of Prisons
acting pursuant to the United States Code, Title 18, Section 4002, for the imprisonment, subsistence, care and proper employment
of persons convicted of crimes against the United States, and may receive and detain such persons pursuant to the contracts.
[1999, c. 583, §18 (rpr).]
[1999, c. 583, §18 (rpr).]
4. Powers.
[1999, c. 583, §18 (rp).]
5.
[1983, c. 581, §§37, 59 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§31-37,59
(AMD).
PL 1985,
Ch. 752,
§5
(AMD).
PL 1985,
Ch. 785,
§B154
(AMD).
PL 1985,
Ch. 821,
§23
(AMD).
PL 1991,
Ch. 310,
§
(AMD).
PL 1999,
Ch. 583,
§18
(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 - §3232. Deputy warden (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3232. Deputy warden (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B155
(AMD).
PL 1999,
Ch. 583,
§19
(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 - §3233. Prison employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3233. Prison employees
1. Duties. Prison employees have the following duties.
A. Prison officers shall perform the services in the managing, superintending and guarding of the prison as prescribed by the
rules or as directed by the warden.
[1983, c. 459, § 6 (new).]
B. If a prisoner at the prison resists the authority of any uniformed or ununiformed officer or refuses to obey his lawful
commands, the officer shall immediately enforce obedience.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
2. Powers. Prison employees have the following powers.
A. Employees of the prison have the same power as sheriffs in their respective counties to search for and apprehend escapees
from the prison, when authorized to do so by the warden.
[1983, c. 459, § 6 (new).]
B. Employees of the prison, when authorized by the warden, may carry weapons inside and outside the prison in connection with
their assigned duties or training.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
3. Uniforms. Prison employee uniforms are governed as follows.
A. Employees of the prison may be provided, at the expense of the State, with distinctive uniforms for use when required for
the performance of their official duties and which shall remain the property of the State.
[1983, c. 459, § 6 (new).]
B. Employees of the prison may be provided with an equivalent clothing allowance when the private purchase of special clothing
is similarly required for the performance of their official duties.
[1983, c. 459, § 6 (new).]
[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 - §3234. Overseers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3234. Overseers
1. Employment. When practicable, the warden shall employ persons having suitable knowledge and skill in the fields of labor and manufacture
carried on in the prison to supervise activities in those fields assigned to them by the warden.
[1983, c. 459, § 6 (new).]
2. Services. Persons employed under subsection 1 shall perform the services in the managing, supervising and guarding of the prison as
prescribed by the prison rules or as directed by the warden.
[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 - §3235. Physician (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3235. Physician (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 583,
§20
(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 - §3236. Chaplain
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 2: PRISON OFFICIALS AND PERSONNEL
§3236. Chaplain
1. Appointment. The warden shall appoint suitable persons as chaplains. Notwithstanding Title 5, section 902, subsection 3, any part-time
chaplain position at the Maine State Prison may be a job-sharing position.
[1991, c. 74 (amd).]
2. Duties. The prison chaplains shall, in accordance with the rules of the prison:
A. Conduct religious services;
[1983, c. 459, §6 (new).]
B. Visit the sick;
[1983, c. 459, §6 (new).]
C. Labor diligently and faithfully for the mental, moral and religious improvement of the prisoners; and
[1983, c. 459, §6 (new).]
D. Aid the prisoners, when practicable, in obtaining employment after their discharge.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
3. Powers. The chaplains may, with the assent of the warden, establish a religious educational program and may admit persons of proper
character from outside the prison to assist in it.
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 74,
§
(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 - §3261. Delivery to the prison
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3261. Delivery to the prison
When a person is convicted and sentenced to the department and is to be transported to the prison from any county:
[1999, c. 583, §21 (amd).]
1. Duties of commissioner. The commissioner shall immediately notify the warden and the sheriff of the county in which the sentencing court is located;
[1983, c. 581, §§38, 59 (rpr).]
2. Duties of the sheriff. The sheriff of the county in which the sentencing court is located shall:
A. Transport the person to the prison, using a sufficient number of the sheriff's appointed deputies when necessary; and
[1999, c. 583, §21 (amd).]
B. Deliver the person to the officer in charge of the prison between the hours of 8 a.m. and 4 p.m. Monday to Friday, except
for holidays, unless prior arrangements for an alternative time have been made with the warden, accompanied by a duly signed
warrant of commitment and record, as provided by Title 15, section 1707;
[1999, c. 583, §21 (amd).]
[1999, c. 583, §21 (amd).]
3. Duties of the jail keeper. When, during the conveyance of a person to the prison in pursuance of that person's sentence, it is necessary or convenient
to lodge the person for safekeeping in a jail until the remainder of the conveyance can be conveniently performed, the keeper
of the jail shall:
A. Receive and safely keep and provide for the person, reasonable charges and expenses for this service to be paid from the
State Treasury; and
[1999, c. 583, §21 (amd).]
B. Deliver the person to the custody of the deputy employed to convey the person, when that deputy calls for the person; and
[1999, c. 583, §21 (amd).]
[1999, c. 583, §21 (amd).]
4. Duties of the warden. The warden shall:
A. File the warrant and record, as provided by Title 15, section 1707, with the warden's return on the warrant in the warden's
office; and
[1999, c. 583, §21 (amd).]
B. Cause a copy of the warrant of commitment to be filed in the office of the clerk of court from which it was issued.
[1983, c. 581, §§38, 59 (rpr).]
[1999, c. 583, §21 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§38,59
(RPR).
PL 1993,
Ch. 337,
§1
(AMD).
PL 1999,
Ch. 583,
§21
(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 - §3262. Receipt of United States prisoners (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3262. Receipt of United States prisoners (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 67,
§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 - §3263. Sentence duration (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3263. Sentence duration (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 821,
§24
(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 - §3264. Conditions of imprisonment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3264. Conditions of imprisonment
Prisoners in the prison shall work at tasks normal to the maintenance, service, industrial, agricultural and other activities
of the prison.
[1999, c. 583, §22 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 583,
§22
(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 - §3265. Disciplinary action (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3265. Disciplinary action (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 583,
§23
(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 - §3266. Prisoner employment and training
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3266. Prisoner employment and training
1. Minimum security unit. The warden may establish a vocational training program at the minimum security unit to provide prisoners skills designed
to assist in the acquisition and retention of employment following parole or discharge. The warden may employ prisoners at
the minimum security unit in work involving public restitution.
[1995, c. 502, Pt. F, §23 (amd).]
2. Leased facilities.
[1999, c. 583, §24 (rp).]
3. Effect on sentences.
[1999, c. 583, §24 (rp).]
4. Rules.
[1999, c. 583, §24 (rp).]
5. Escape. Prisoners who escape from the Maine State Prison minimum security unit are guilty of escape as if the escape were from the
confines of the prison and are punishable in accordance with Title 17-A, section 755.
[1999, c. 583, §25 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§F23
(AMD).
PL 1999,
Ch. 583,
§24,25
(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 - §3267. Funerals and deathbed visits (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3267. Funerals and deathbed visits (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§39,59
(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 - §3268. Discharge or parole (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 2: MAINE STATE PRISON
Article 3: PRISONERS
§3268. Discharge or parole (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§39,59
(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 - §3401. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3401. Establishment
The Maine Correctional Center in South Windham is established for the confinement and rehabilitation of persons, male and
female, lawfully in the custody of the department, as provided by law.
[1995, c. 502, Pt. F, §24 (rpr).]
1. Men.
[1995, c. 502, Pt. F, §24 (rp).]
2. Women.
[1995, c. 502, Pt. F, §24 (rp).]
3. Adult pretrial detainees.
[1995, c. 502, Pt. F, §24 (rp).]
4. Juvenile pretrial detainees.
[1995, c. 502, Pt. F, §24 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§40,59
(AMD).
PL 1983,
Ch. 816,
§A41
(AMD).
PL 1995,
Ch. 502,
§F24
(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 - §3402. Superintendent
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3402. Superintendent
1. Chief administrative officer. The chief administrative officer of the Maine Correctional Center is called the superintendent.
[1983, c. 459, § 6 (new).]
2. Duties. In addition to other duties set out in this Title, the superintendent shall supervise and control the prisoners, pretrial
detainees, employees, grounds, buildings and equipment at the center.
[1983, c. 459, § 6 (new).]
3. Powers. In addition to other powers granted in this Title, the superintendent has the following powers.
A. The superintendent may appoint 2 assistant superintendents, subject to the Civil Service Law. An assistant superintendent
designated by the superintendent has the powers, duties, obligations and liabilities of the superintendent when the superintendent
is absent from the center location or is unable to perform the duties of the office.
[1985, c. 785, Pt. B, § 156 (amd).]
B. The superintendent may, with the written approval of the commissioner, contract with the Director of the Federal Bureau
of Prisons acting pursuant to the United States Code, Title 18, Section 4002, for the imprisonment, subsistence, care and
proper employment of persons convicted of crimes against the United States, and may receive and detain such persons pursuant
to the contracts.
[1983, c. 459, § 6 (new).]
[1985, c. 785, Pt. B, § 156 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B156
(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 - §3403. Prisoners generally
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3403. Prisoners generally
1. Conditions of confinement. Conditions of confinement of prisoners are governed as follows.
A. The superintendent shall detain and confine all persons committed to the department in accordance with the sentences of
the courts and with the rules of the department.
[1991, c. 314, §63 (amd).]
B. The superintendent shall provide for the safekeeping or employment of persons committed to the department in order to teach
them a useful trade or profession and to improve their mental and moral condition, which may include work involving public
restitution.
[1995, c. 502, Pt. F, §25 (amd).]
[1995, c. 502, Pt. F, §25 (amd).]
2. Housing. The superintendent shall maintain separate housing facilities for men and women.
[1983, c. 459, §6 (new).]
3. Convicted boundover juveniles.
[1995, c. 502, Pt. F, §26 (rp).]
4. Industries program.
[1985, c. 821, §25 (rp).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§41,59
(AMD).
PL 1983,
Ch. 816,
§A42
(AMD).
PL 1985,
Ch. 821,
§25
(AMD).
PL 1991,
Ch. 314,
§63
(AMD).
PL 1995,
Ch. 502,
§F25,26
(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 - §3404. Pregnant women
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3404. Pregnant women
If any woman is, at the time of her commitment to the center, pregnant with a child which will be born after her commitment,
the custody of the child, at the instance of the commissioner, shall be determined in accordance with Title 22, chapter 1071.
[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 - §3405. Maine Correctional Center employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3405. Maine Correctional Center employees
1. Powers. Employees of the center:
A. Have the same power as sheriffs in their respective counties to search for and apprehend escapees from the center when authorized
to do so by the superintendent; and
[1983, c. 581, § § 42, 59 (new).]
B. May carry weapons and other security equipment when authorized by the superintendent inside and outside the center in connection
with their assigned duties or training.
[1983, c. 581, § § 42, 59 (new).]
[1983, c. 581, § § 42, 59 (rpr).]
2. Uniforms. Maine Correctional Center employee uniforms are governed as follows.
A. Employees of the center may be provided, at the expense of the State, with distinctive uniforms for use when required for
the performance of their official duties and which shall remain the property of the State.
[1983, c. 459, § 6 (new).]
B. Employees of the center may be provided with an equivalent clothing allowance when the private purchase of special clothing
is similarly required for the performance of their official duties.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§42,59
(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 - §3406. Land grants to the Department of Conservation
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3406. Land grants to the Department of Conservation
The following lands of the former Women's Correctional Center at Skowhegan are granted to the bureaus of the Department of
Conservation as follows.
[1983, c. 459, § 6 (new).]
1. Land grant to Bureau of Parks and Lands. All of the open land and timberland north of Norridgewock Avenue, excluding the land immediately adjacent to the institutional
buildings, is transferred to the Bureau of Parks and Lands, which shall actively manage the timberlands as a working forest.
[1983, c. 459, §6 (new); 1995, c. 502, Pt. E, §30 (amd).]
2. Land grant to Bureau of Parks and Lands. All the land lying between Norridgewock Avenue and the Kennebec River, with the exception of the sewerage treatment plant
and access thereto, is transferred to the Bureau of Parks and Lands to be managed by the bureau.
[1983, c. 459, §6 (new); 1995, c. 502, Pt. E, §30 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§E30
(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 - §3407. Delivery to the center
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 3: MAINE CORRECTIONAL CENTER
§3407. Delivery to the center
When a person is convicted and sentenced to the department and is to be transported to the center from any county:
[1983, c. 581, §§43, 59 (new).]
1. Duties of commissioner. The commissioner shall immediately notify the superintendent and the sheriff of the county in which the sentencing court
is located;
[1983, c. 581, §§43, 59 (new).]
2. Duties of the sheriff. The sheriff of the county in which the sentencing court is located shall:
A. Transport the person to the center, using a sufficient number of the sheriff's appointed deputies when necessary; and
[1999, c. 583, §26 (amd).]
B. Deliver the person to the officer in charge of the center between the hours of 8 a.m. and 4 p.m. Monday to Friday, except
for holidays, unless prior arrangements are made and approved by the superintendent, accompanied by a duly signed warrant
of commitment and record, as provided by Title 15, section 1707;
[1999, c. 583, §26 (amd).]
[1999, c. 583, §26 (amd).]
3. Duties of the jail keeper. When, during the conveyance of a person to the center pursuant to the person's sentence, it is necessary or convenient to
lodge the person for safekeeping in a jail until the remainder of the conveyance can be conveniently performed, the keeper
of the jail shall:
A. Receive and safely keep and provide for the person reasonable charges and expenses for this service to be paid from the
State Treasury; and
[1999, c. 583, §26 (amd).]
B. Deliver the person to the custody of the deputy employed to convey the person, when that deputy calls for the person; and
[1999, c. 583, §26 (amd).]
[1999, c. 583, §26 (amd).]
4. Duties of the superintendent. The superintendent shall:
A. File the warrant and record, as provided by Title 15, section 1707, with the superintendent's return on the warrant in the
superintendent's office; and
[1999, c. 583, §26 (amd).]
B. Cause a copy of the warrant of commitment to be filed in the office of the clerk of court from which it was issued.
[1983, c. 581, §§43, 59 (new).]
[1999, c. 583, §26 (amd).]
Section History:
PL 1983,
Ch. 581,
§43,59
(NEW).
PL 1993,
Ch. 337,
§2
(AMD).
PL 1999,
Ch. 583,
§26
(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 - §3601. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 4: CHARLESTON CORRECTIONAL FACILITY
§3601. Establishment
There is established the Charleston Correctional Facility located at Charleston for the confinement and rehabilitation of
persons who have been duly convicted and sentenced to the Department of Corrections.
[1983, c. 581, § § 44, 59 (rpr).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§44,59
(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 - §3602. Purposes
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 4: CHARLESTON CORRECTIONAL FACILITY
§3602. Purposes
The purposes of the Charleston Correctional Facility include vocational and academic education, rehabilitative programs including
work release and work involving public restitution.
[1999, c. 583, §27 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 583,
§27
(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 - §3603. Director
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 4: CHARLESTON CORRECTIONAL FACILITY
§3603. Director
1. Chief administrative officer. The chief administrative officer of the Charleston Correctional Facility is called the director and is responsible to the
commissioner.
[1983, c. 459, § 6 (new).]
2. Duties. In addition to other duties set out in this Title, the director has the following duties.
A. The director shall exercise proper supervision over the employees, grounds, buildings and equipment at the Charleston Correctional
Facility.
[1983, c. 459, § 6 (new).]
B. The director shall supervise and control the prisoners at the Charleston Correctional Facility in accordance with departmental
rules.
[1983, c. 459, § 6 (new).]
[1983, c. 459, § 6 (new).]
3. Powers. In addition to other powers granted in this Title, the director may appoint one assistant director, subject to the Civil
Service Law, and the assistant director has the powers, duties, obligations and liabilities of the director when the director
is absent or unable to perform his duties.
[1985, c. 785, Pt. B, § 157 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1985,
Ch. 785,
§B157
(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 - §3604. Prisoners generally
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 4: CHARLESTON CORRECTIONAL FACILITY
§3604. Prisoners generally
1. Evaluation. Before assignment to the Charleston Correctional Facility, prisoners must be evaluated for security status, program needs
and emotional stability by the classification process approved by the Commissioner of Corrections.
[1989, c. 127, §11 (amd).]
2. Transferred prisoners. All prisoners transferred to the Charleston Correctional Facility shall be detained and confined in accordance with the sentences
of the court and the rules of the department.
[1983, c. 459, §6 (new).]
3. Education. The director shall maintain suitable courses for academic and career and technical education of the prisoners.
A. The director shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the
objectives of the facility's programs.
[1983, c. 459, §6 (new).]
B. Before employing instructors in career and technical education, the director shall obtain the approval of the Department
of Education.
[1989, c. 700, Pt. A, §161 (amd); 2005, c. 397, Pt. D, §3 (rev).]
[1989, c. 700, Pt. A, §161 (amd); 2005, c. 397, Pt. D, §3 (rev).]
4. Employment. The commissioner may authorize the employment of prisoners of the Charleston Correctional Facility on public works with any
department, agency or entity of the State, county or local government and may authorize the use of prisoners to provide assistance
in the improvement of property owned by nonprofit organizations.
A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the
safe working conditions of prisoners and departmental employees.
[1983, c. 459, §6 (new).]
B. The purpose of the employment authorized in this subsection is to provide training to the prisoner and to be a form of public
restitution for the crime or crimes committed by the prisoner.
[1983, c. 459, §6 (new).]
C. The prisoners employed under this subsection may not be compensated monetarily for the work performed.
[1983, c. 459, §6 (new).]
D. The commissioner may request that nonprofit organizations pay for the transportation of the prisoners and pay the per diem
compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed.
[1983, c. 459, §6 (new).]
[1983, c. 459, §6 (new).]
5. Escape. Any prisoner who escapes from the facility, or from any assignment beyond the grounds of the facility, is guilty of escape
under Title 17-A, section 755.
[1983, c. 459, §6 (new).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1989,
Ch. 127,
§11
(AMD).
PL 1989,
Ch. 700,
§A161
(AMD).
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 - §3605. Charleston Correctional Facility employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 4: CHARLESTON CORRECTIONAL FACILITY
§3605. Charleston Correctional Facility employees
Employees of the Charleston Correctional Facility have the same power as sheriffs in their respective counties to search for
and apprehend escapees from the facility, when authorized to do so by the director.
[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 - §3801. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3801. Establishment
The State shall maintain the Long Creek Youth Development Center, referred to in this subchapter as the "facility," located
at South Portland.
[1999, c. 583, §29 (amd); 2001, c. 439, Pt. G, §6 (amd).]
1. Coeducational. The facility must be coeducational.
[1999, c. 583, §30 (amd).]
2. Separate housing. The facility must fully separate the housing facilities for boys and girls.
[1999, c. 583, §30 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 583,
§29,30
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3802. Purposes
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3802. Purposes
1. Statement. The purposes of the Long Creek Youth Development Center are:
A. To detain juveniles pending a court proceeding;
[2003, c. 410, §13 (amd).]
B. To administer court-ordered diagnostic evaluations pursuant to Title 15, section 3309-A, and court-ordered examinations
pursuant to Title 15, section 3318;
[1995, c. 502, Pt. F, §27 (amd).]
C. To rehabilitate juveniles committed to a juvenile correctional facility pursuant to Title 15, section 3314, subsection 1,
paragraph F;
[1999, c. 463, §1 (amd).]
D. To protect the public from dangerous juveniles;
[1999, c. 624, Pt. B, §22 (amd).]
E. To confine juveniles ordered detained pursuant to Title 15, section 3314, subsection 1, paragraph H;
[2005, c. 328, §17 (amd).]
F. To confine juveniles ordered detained pursuant to Title 15, section 3312, subsection 3, paragraph D; and
[2005, c. 328, §18 (amd).]
G. To confine juveniles ordered detained pursuant to Title 12, sections 6004, 8004 and 10608 and Title 29-A, section 115.
[2005, c. 328, §19 (new).]
[2005, c. 328, §§17-19 (amd).]
2. Accomplishment. To accomplish the purposes set out in subsection 1, the disciplines of education, casework, group work, psychology, psychiatry,
medicine, nursing, vocational training and religion as they are related to human relations and personality development must
be employed. Security measures, whether in the form of physically restrictive construction or intensive staff supervision,
when appropriate, may be taken to accomplish these purposes.
[1991, c. 311, §1 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1991,
Ch. 311,
§1
(AMD).
PL 1995,
Ch. 502,
§F27,28
(AMD).
PL 1997,
Ch. 752,
§36,37
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 463,
§1-3
(AMD).
PL 1999,
Ch. 624,
§B22-24
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
PL 2003,
Ch. 410,
§13
(AMD).
PL 2005,
Ch. 328,
§17-19
(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 - §3803. Superintendent
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3803. Superintendent
The chief administrative officer of the Long Creek Youth Development Center is called the superintendent.
[1983, c. 459, §6 (new); 2001, c. 439, Pt. G, §6 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3804-A. Superintendent's appointment powers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3804-A. Superintendent's appointment powers
The superintendent may appoint 2 assistant superintendents, subject to the Civil Service Law.
[1985, c. 785, Pt. B, § 158 (amd).]
1. Assistant superintendent. An assistant superintendent designated by the superintendent has the powers, duties, obligations and liabilities of the
superintendent when the superintendent is absent from the center or unable to perform the duties of the office.
[1983, c. 581, § § 46 and 59 (new).]
2. Designee. If there are no assistant superintendents, another employee designated by the superintendent has the powers, duties, obligations
and liabilities of the superintendent in the circumstances described in subsection 1.
[1983, c. 581, § § 46 and 59 (new).]
Section History:
PL 1983,
Ch. 581,
§46,59
(NEW).
PL 1985,
Ch. 785,
§B158
(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 - §3804. Superintendent's powers (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3804. Superintendent's powers (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§45,59
(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 - §3805. Commitment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3805. Commitment
1. Eligibility. Only a juvenile, as defined in Title 15, section 3003, subsection 14, who is 11 years of age or older at the time of commitment
may be committed to the facility pursuant to this subchapter and Title 15, Part 6.
[1999, c. 583, §31 (amd).]
2. Limitations. A person may not be detained at or committed to the facility if that person is more appropriately a subject for intensive
temporary out-of-home treatment services or for in-home treatment services provided by or through the Department of Health
and Human Services as agreed upon by the commissioner and the Commissioner of Health and Human Services or their designees.
[2003, c. 689, Pt. B, §§6,7 (rev); c. 706, Pt. A, §10 (amd).]
3. Certification. When a person is detained at or committed to the facility, the court making the detention or commitment shall certify on
the mittimus the person's birthplace, parentage and legal residence.
[1999, c. 583, §31 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§47,59
(AMD).
PL 1991,
Ch. 311,
§2
(AMD).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1999,
Ch. 583,
§31
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2003,
Ch. 706,
§A10
(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 - §3806. Federal juvenile offenders
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3806. Federal juvenile offenders
The commissioner may contract with the Attorney General of the United States for the confinement and support in the Long Creek
Youth Development Center of juvenile offenders against the laws of the United States in accordance with the United States
Code, Title 18, Sections 706 and 707.
[1983, c. 459, §6 (new); 2001, c. 439, Pt. G, §6 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3807. Human services' custody
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3807. Human services' custody
1. Suspension. When the custody of a child at the time of commitment is in the Department of Health and Human Services, that custody shall
be temporarily suspended while the child is in the Long Creek Youth Development Center.
[1983, c. 459, §6 (new); 2001, c. 439, Pt. G, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]
2. Reversion. Upon discharge or placement on community reintegration status from the Long Creek Youth Development Center, the custody
of the child reverts to the Department of Health and Human Services, if the child is still under 18 years of age.
[2003, c. 410, §14 (amd); c. 689, Pt. B, §6 (rev).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§48,59
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
PL 2003,
Ch. 410,
§14
(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 - §3808. Overcrowding (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3808. Overcrowding (REPEALED)
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§49,59
(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 - §3809-A. Commissioner's guardianship powers
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3809-A. Commissioner's guardianship powers
1. Juvenile client. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child
with regard to person, allowable property that the juvenile client has at the Long Creek Youth Development Center, earnings
that the juvenile client receives during the juvenile client's stay at the Long Creek Youth Development Center and the rehabilitation
of every juvenile client. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory
guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control
of the commissioner, staff and rules of the facility until the expiration of the period of commitment or until discharge from
the facility.
[1999, c. 583, §32 (amd); 2001, c. 439, Pt. G, §6 (amd).]
2. Juvenile detainee. The commissioner has all the power over a juvenile detainee that a guardian has over a ward and that a parent has over a
child with regard to necessary medical care. If a juvenile detainee is or becomes 18 years of age while still detained, the
statutory guardianship of the commissioner over the juvenile detainee terminates, but the juvenile remains subject to the
control of the commissioner, staff and rules of the facility until release from the facility.
[1999, c. 583, §32 (amd).]
3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that
a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental
health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of
age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile
client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the
commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge
from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric
hospitalization in accordance with Title 34-B, section 3863, unless hospitalization is made with the juvenile client's or
juvenile detainee's consent in accordance with Title 34-B, section 3831. If placement in a licensed residential care facility
providing a mental health treatment program is an appropriate alternative to psychiatric hospitalization, that placement may
be made by the commissioner with the juvenile client's or juvenile detainee's consent.
[2005, c. 328, §20 (amd).]
Section History:
PL 1983,
Ch. 581,
§51,59
(NEW).
PL 1997,
Ch. 752,
§38
(RPR).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 510,
§5
(AMD).
PL 1999,
Ch. 583,
§32
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
PL 2001,
Ch. 517,
§1
(AMD).
PL 2003,
Ch. 410,
§15
(AMD).
PL 2003,
Ch. 706,
§A11
(AMD).
PL 2005,
Ch. 328,
§20
(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 - §3809. Observation
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3809. Observation
1. Generally. When the behavior of a juvenile residing at the Long Creek Youth Development Center presents a high likelihood of imminent
harm to that juvenile or to others, presents a substantial and imminent threat of destruction of property or demonstrates
a proclivity to be absent from the facility without leave as evidenced by a stated intention to escape from the facility or
by a recent attempted or actual escape from any detention or correctional facility, the juvenile may be placed under observation
if the juvenile demonstrates that anything less restrictive would be ineffectual for the control of the juvenile's behavior.
[1991, c. 314, §64 (rpr); 2001, c. 439, Pt. G, §6 (amd).]
2. Conditions. Placing a juvenile under observation is subject to the following conditions.
A. Placement under observation must first be approved by the superintendent.
[1991, c. 314, §64 (rpr).]
B. The conditions under which a juvenile is placed under observation must conform with all applicable federal and state standards
relating to the health and safety of clients in correctional facilities.
[1991, c. 314, §64 (rpr).]
C. Placement under observation may not exceed the period of time necessary to alleviate and prevent the reoccurrence of the
behavior described in subsection 1 and it may not be used as punishment.
[1991, c. 314, §64 (rpr).]
D. When placement under observation exceeds 12 hours, the superintendent shall direct the facility physician or a member of
the facility medical staff to visit the juvenile immediately and at least once in each succeeding 24-hour period the juvenile
remains under observation to examine the juvenile's state of health.
(1) The superintendent shall give full consideration to recommendations of the physician or medical staff member concerning
the juvenile's dietary needs and the conditions of the juvenile's confinement required to maintain the juvenile's health.
If the recommendations of the physician or medical staff member are not carried out, the superintendent shall immediately
convey the reasons and circumstances for this decision to the commissioner for review and final disposition.
(2) Placement under observation must be discontinued if the superintendent on the advice of the physician determines that
placement under observation is harmful to the mental or physical health of the juvenile, except that placement under observation
may be continued if the behavior of the juvenile presents a high likelihood of imminent physical harm to that juvenile or
others and there is no less restrictive setting in which that juvenile's safety or that of others can be ensured. If placement
under observation is continued, the physician or a member of the medical staff shall visit the juvenile at least once every
12 hours.
[1991, c. 314, §64 (rpr).]
E. When placement under observation exceeds 24 hours, the superintendent shall direct appropriate facility staff to develop
a plan for the further care of the juvenile. The plan must be revised as needed to meet the changing needs of the juvenile.
[1991, c. 314, §64 (rpr).]
F. Placement under observation may not exceed 72 hours without the commissioner's approval, which must:
(1) Be in writing;
(2) State the reasons for that approval; and
(3) Be kept on file.
[1991, c. 314, §64 (rpr).]
G. If the recommendations of the physician or medical staff member regarding the juvenile's dietary or other health needs while
under observation are not carried out, the superintendent shall send a written justification to the commissioner.
[1991, c. 314, §64 (rpr).]
H. A juvenile held under observation must be under sight and sound supervision by facility staff, which must be constant if
necessary to prevent imminent harm to the juvenile.
[1995, c. 163, §1 (amd).]
[1995, c. 163, §1 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§50,59
(AMD).
PL 1991,
Ch. 314,
§64
(RPR).
PL 1995,
Ch. 163,
§1
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3810. Community reintegration status
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3810. Community reintegration status
1. Commissioner's powers. During a juvenile client's commitment to the facility, the commissioner may, at the commissioner's discretion:
A. Keep the juvenile client at the facility; or
[1999, c. 583, §33 (amd).]
B. Place the juvenile client on community reintegration status for a period not exceeding the term of the juvenile's commitment.
[2003, c. 410, §16 (amd).]
[2003, c. 410, §16 (amd).]
2. Reports. As often as the commissioner requires, the person or agency caring for the juvenile client while on community reintegration
status shall report to the commissioner:
A. The progress and behavior of the juvenile client, whether or not the juvenile client remains under the care of the person
or agency; and
[1983, c. 459, §6 (new).]
B. If the juvenile client is not under the care of the person or agency, where the client is.
[1983, c. 459, §6 (new).]
[2003, c. 410, §16 (amd).]
3. Center services. The commissioner shall provide community reintegration services to juvenile clients.
[2003, c. 410, §16 (amd).]
4. Cancellation. If the commissioner is satisfied at any time that the welfare of the juvenile client will be promoted by return to the facility,
the commissioner may cancel the community reintegration status and resume charge of the client with the same powers as before
the placement on community reintegration status was made.
[2003, c. 410, §16 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§52,59
(AMD).
PL 1989,
Ch. 591,
§2
(AMD).
PL 1997,
Ch. 464,
§14
(AMD).
PL 1999,
Ch. 583,
§33,34
(AMD).
PL 2003,
Ch. 410,
§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 - §3811. Return to facility
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3811. Return to facility
When a juvenile client who has been placed on community reintegration status, who has been granted a furlough or work or education
release or who has been absent from the facility without leave is taken into custody for the purpose of return to the facility
by an officer or employee of the facility, at the direction of the commissioner, or by a law enforcement officer, at the request
of the commissioner, and because of the juvenile client's distance from the facility at the time of being taken into custody,
it becomes necessary to detain the client overnight:
[2003, c. 410, §17 (amd).]
1. Temporary detention. The juvenile client may be temporarily detained in a county jail; and
[1983, c. 459, §6 (new).]
2. Return. The juvenile client must be returned to the facility on the day after being taken into custody, except that, if traveling
conditions are unsafe, the client must be returned to the facility at the earliest possible time.
[1999, c. 583, §35 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1983,
Ch. 581,
§53,59
(AMD).
PL 1997,
Ch. 464,
§15
(AMD).
PL 1999,
Ch. 583,
§35
(AMD).
PL 2003,
Ch. 410,
§17
(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 - §3812. Discharge
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3812. Discharge
1. Duty. The superintendent shall cause a juvenile client to be discharged from the facility:
A. When the client becomes 21 years of age or otherwise reaches the end of the period of the Juvenile Court's commitment.
[1995, c. 502, Pt. F, §29 (amd).]
B.
[1995, c. 502, Pt. F, §29 (rp).]
[1999, c. 583, §36 (amd).]
2. Power. The superintendent may cause a juvenile client to be discharged from the facility when the superintendent determines that
discharge is in the best interest of the client or that the client has benefited optimally from the services and facilities
of the facility.
[1999, c. 583, §36 (amd).]
Section History:
PL 1983,
Ch. 459,
§6
(NEW).
PL 1995,
Ch. 502,
§F29
(AMD).
PL 1999,
Ch. 583,
§36
(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 - §3813. Power of facility employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3813. Power of facility employees
The Long Creek Youth Development Center employees have the same power as sheriffs in their respective counties to search for
and apprehend escapees from the facility, when authorized to do so by the superintendent.
[1999, c. 583, §37 (amd); 2001, c. 439, Pt. G, §6 (amd).]
Section History:
PL 1987,
Ch. 585,
§
(NEW).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 583,
§37
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3814. Transportation
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3814. Transportation
All court-ordered and court-related transportation of juvenile detainees to and from the Long Creek Youth Development Center
is the responsibility of the sheriff of the county in which the court is located.
[1991, c. 314, §65 (new); 2001, c. 439, Pt. G, §6 (amd).]
Section History:
PL 1991,
Ch. 314,
§65
(NEW).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 2001,
Ch. 439,
§G6
(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 - §3815. Arthur R. Gould School
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 5: SOUTHERN MAINE JUVENILE FACILITY (HEADING: PL 1999, c. 583, @28 (rpr))
§3815. Arthur R. Gould School
1. Purpose. The Arthur R. Gould School, located at the Long Creek Youth Development Center, is devoted to the education and instruction
of persons residing at the facility.
[1999, c. 583, §38 (amd); 2001, c. 439, Pt. G, §6 (amd).]
2. Responsibility for maintaining school. The State, through the Department of Corrections, has the responsibility and expense of maintaining the school in compliance
with all elementary and secondary state education requirements for public schools and private schools approved for tuition
purposes established in Title 20-A.
[1991, c. 764, §2 (new).]
3. School privileges. A person residing at the Long Creek Youth Development Center is eligible to attend the Arthur R. Gould School and receive
education, career and technical education, special education and alternative education services in accordance with all state
and federal requirements.
[1991, c. 764, §2 (new); 2005, c. 397, Pt. D, §3 (rev).]
4. Policy review council.
[1997, c. 752, §39 (rp).]
Section History:
PL 1991,
Ch. 764,
§2
(NEW).
PL 1997,
Ch. 752,
§39
(AMD).
PL 1999,
Ch. 401,
§J4
(AMD).
PL 1999,
Ch. 583,
§38
(AMD).
PL 2001,
Ch. 439,
§G6
(AMD).
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 - §3901. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 6: DOWNEAST CORRECTIONAL FACILITY
§3901. Establishment
There is established the Downeast Correctional Facility located in Washington County for the confinement and rehabilitation
of persons who have been duly sentenced and committed to the Department of Corrections.
[1997, c. 752, §40 (amd).]
Section History:
PL 1983,
Ch. 861,
§1
(NEW).
PL 1997,
Ch. 752,
§40
(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 - §3902. Purposes
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 6: DOWNEAST CORRECTIONAL FACILITY
§3902. Purposes
The purposes of the Downeast Correctional Facility include vocational and academic education and work which may involve public
restitution.
[1983, c. 861, § 1 (new).]
Section History:
PL 1983,
Ch. 861,
§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 - §3903. Director
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 6: DOWNEAST CORRECTIONAL FACILITY
§3903. Director
1. Chief administrative officer. The chief administrative officer of the Downeast Correctional Facility is called the director and is responsible to the commissioner.
[1983, c. 861, § 1 (new).]
2. Duties. In addition to other duties set out in this Title, the director has the following duties.
A. The director shall exercise proper supervision over the employees, grounds, buildings and equipment at the Downeast Correctional
Facility.
[1983, c. 861, § 1 (new).]
B. The director shall supervise and control the prisoners at the Downeast Correctional Facility in accordance with departmental
rules.
[1983, c. 861, § 1 (new).]
[1983, c. 861, § 1 (new).]
3. Powers. In addition to other powers granted in this Title, the director may appoint one assistant director, subject to the Civil
Service Law, and the assistant director has the powers, duties, obligations and liabilities of the director when the director
is absent or unable to perform his duties.
[1985, c. 785, Pt. B, § 159 (amd).]
Section History:
PL 1983,
Ch. 861,
§1
(NEW).
PL 1985,
Ch. 785,
§B159
(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 - §3904. Prisoners generally
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 6: DOWNEAST CORRECTIONAL FACILITY
§3904. Prisoners generally
1. Confinement. All prisoners at the Downeast Correctional Facility shall be detained and confined in accordance with the sentences of the
court and the rules of the department.
[1983, c. 861, §1 (new).]
2. Education. The director shall maintain suitable courses for academic and career and technical education of the prisoners. The director
shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the objectives of the
facility's programs.
[1983, c. 861, §1 (new); 2005, c. 397, Pt. D, §3 (rev).]
3. Employment. The commissioner may authorize the employment of prisoners of the Downeast Correctional Facility on public works with any
department, agency or entity of the State, county or local government and may authorize the use of prisoners to provide assistance
in the improvement of property owned by nonprofit organizations.
A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the
safe working conditions of prisoners and departmental employees.
[1983, c. 861, §1 (new).]
B. The purpose of the employment authorized in this subsection is to provide training to the prisoner and to be a form of public
restitution for the crime or crimes committed by the prisoner.
[1983, c. 861, §1 (new).]
C. The commissioner may request that nonprofit organizations pay for the transportation of the prisoners and pay the per diem
compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed.
[1983, c. 861, §1 (new).]
[1983, c. 861, §1 (new).]
4. Escape. Any prisoner who escapes from the facility, or from any assignment beyond the grounds of the facility, to include community-rehabilitative
programs is guilty of escape under Title 17-A, section 755.
[1983, c. 861, §1 (new).]
5. Industries program.
[1985, c. 821, §26 (rp).]
Section History:
PL 1983,
Ch. 861,
§1
(NEW).
PL 1985,
Ch. 821,
§26
(AMD).
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 - §3905. Downeast Correctional Facility employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 6: DOWNEAST CORRECTIONAL FACILITY
§3905. Downeast Correctional Facility employees
Employees of the Downeast Correctional Facility have the same power as sheriffs in their respective counties to search for
and apprehend escapees from the facility, when authorized to do so by the director.
[1983, c. 861, §1 (new).]
Section History:
PL 1983,
Ch. 861,
§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 - §4101. Establishment
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4101. Establishment
There is established the Mountain View Youth Development Center located in Penobscot County.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 2001,
Ch. 439,
§G8
(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 - §4102-A. Purposes; accomplishment of purposes
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4102-A. Purposes; accomplishment of purposes
1. Statement. The purposes of the Mountain View Youth Development Center are:
A. To detain juveniles pending a court proceeding;
[2005, c. 328, §22 (new).]
B. To administer court-ordered diagnostic evaluations pursuant to Title 15, section 3309-A, and court-ordered examinations
pursuant to Title 15, section 3318;
[2005, c. 328, §22 (new).]
C. To rehabilitate juveniles committed to a juvenile correctional facility pursuant to Title 15, section 3314, subsection 1,
paragraph F;
[2005, c. 328, §22 (new).]
D. To protect the public from dangerous juveniles;
[2005, c. 328, §22 (new).]
E. To confine juveniles ordered detained pursuant to Title 15, section 3314, subsection 1, paragraph H;
[2005, c. 328, §22 (new).]
F. To confine juveniles ordered detained pursuant to Title 15, section 3312, subsection 3, paragraph D; and
[2005, c. 328, §22 (new).]
G. To confine juveniles ordered detained pursuant to Title 12, sections 6004, 8004 and 10608 and Title 29-A, section 115.
[2005, c. 328, §22 (new).]
[2005, c. 328, §22 (new).]
2. Accomplishment. To accomplish the purposes set out in subsection 1, the disciplines of education, casework, group work, psychology, psychiatry,
medicine, nursing, vocational training and religion as they are related to human relations and personality development must
be employed. Security measures, whether in the form of physically restrictive construction or intensive staff supervision,
when appropriate, may be taken to accomplish these purposes.
[2005, c. 328, §22 (new).]
Section History:
PL 2005,
Ch. 328,
§22
(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 - §4102. Purposes (REPEALED)
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4102. Purposes (REPEALED)
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1997,
Ch. 752,
§41
(AMD).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 1999,
Ch. 583,
§39-41
(AMD).
PL 1999,
Ch. 624,
§B25,26
(AMD).
PL 2001,
Ch. 439,
§G8
(AMD).
PL 2003,
Ch. 410,
§18
(AMD).
PL 2003,
Ch. 545,
§6
(REV).
PL 2005,
Ch. 328,
§21
(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 - §4103. Director
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4103. Director
1. Chief administrative officer. The chief administrative officer of the Mountain View Youth Development Center is called the director and is responsible
to the commissioner.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
2. Duties. In addition to other duties set out in this Title, the director has the following duties.
A. The director shall exercise supervision over the employees, grounds, buildings and equipment at the Mountain View Youth
Development Center.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
B. The director shall supervise and control the juvenile detainees at the Mountain View Youth Development Center in accordance
with department rules.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
3. Powers. In addition to the powers granted in this Title, the director may appoint one assistant director, subject to the Civil Service
Law. The assistant director has the powers, duties, obligations and liabilities of the director when the director is absent
or unable to perform the director's duties.
[1991, c. 400 (new).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 2001,
Ch. 439,
§G8
(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 - §4104. Detention
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4104. Detention
1. Eligibility.
[1999, c. 260, Pt. A, §11 (rp).]
1-A. Eligibility. Only a juvenile, as defined in Title 15, section 3003, subsection 14, who is 11 years of age or older at the time of commitment
may be committed to the Mountain View Youth Development Center pursuant to this subchapter and Title 15, Part 6.
[1999, c. 583, §42 (new); 2001, c. 439, Pt. G, §8 (amd).]
2. Limitations. A person may not be detained at or committed to the facility if that person is more appropriately a subject for intensive
temporary out-of-home treatment services or for in-home treatment services provided by or through the Department of Health
and Human Services as agreed upon by the commissioner and the Commissioner of Health and Human Services or their designees.
[2003, c. 689, Pt. B, §§6,7 (rev); c. 706, Pt. A, §12 (amd).]
3. Certification. When a person is detained at or committed to the Mountain View Youth Development Center, the court ordering the detention
or commitment shall certify on the mittimus the person's birthplace, parentage and legal residence.
[1999, c. 583, §42 (amd); 2001, c. 439, Pt. G, §8 (amd).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1995,
Ch. 560,
§K82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 1999,
Ch. 260,
§A11
(AMD).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 1999,
Ch. 583,
§42
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2001,
Ch. 439,
§G8
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2003,
Ch. 706,
§A12
(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 - §4105. Juvenile detainees generally
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4105. Juvenile detainees generally
All juvenile detainees at the Mountain View Youth Development Center must be detained in accordance with the orders of the
court and the rules of the department.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 2001,
Ch. 439,
§G8
(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 - §4106. Powers of employees
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4106. Powers of employees
Employees of the Mountain View Youth Development Center have the same power as sheriffs in their respective counties to search
for and apprehend escapees from the facility, when authorized to do so by the director.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 2001,
Ch. 439,
§G8
(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 - §4107. Transportation
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4107. Transportation
All court-ordered and court-related transportation of juvenile detainees to and from the Mountain View Youth Development Center
is the responsibility of the sheriff of the county in which the court is located.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
Section History:
PL 1991,
Ch. 400,
§
(NEW).
PL 1999,
Ch. 401,
§J6
(AMD).
PL 2001,
Ch. 439,
§G8
(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 - §4108. Observation
Title 34-A: CORRECTIONS
Chapter 3: CORRECTIONAL FACILITIES
Subchapter 8: NORTHERN MAINE REGIONAL JUVENILE DETENTION FACILITY (HEADING: PL 1991, c. 400 (new))
§4108. Observation
1. Generally. When the behavior of a juvenile residing at the Mountain View Youth Development Center presents a high likelihood of imminent
harm to that juvenile or to others, presents a substantial and imminent threat of destruction of property or demonstrates
a proclivity to be absent from the facility without leave as evidenced by a stated intention to escape from the facility or
by a recent attempted or actual escape from any detention or correctional facility, the juvenile may be placed under observation
if the juvenile demonstrates that anything less restrictive would be ineffectual for the control of the juvenile's behavior.
[1991, c. 400 (new); 2001, c. 439, Pt. G, §8 (amd).]
2. Conditions. Placing a juvenile under observation is subject to the following conditions.
A. Placement under observation must first be approved by the director.
[1991, c. 400 (new).]
B. The conditions under which a juvenile is placed under observation must conform with all applicable federal and state standards
relating to the health and safety of clients in detention facilities.
[1991, c. 400 (new).]
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