34-B M.R.S. § 1223 — ME Code / Title 34-B / Chapter 1 / Section 1223
34-B §1223. Maine Developmental Services Oversight and Advisory Board
Status: in_force

1. Composition. The Maine Developmental Services Oversight and Advisory Board, as established by Title 5, section 12004‑J, subsection 15 and referred to in this section as "the board," consists of 15 members appointed by the Governor from a list of nominees proposed by the board pursuant to procedures established in the rules of the board. A. The board shall submit nominees to the Governor at least 90 days prior to the expected date of each vacancy. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] B. In making nominations, the board shall endeavor to ensure adequate representation at all times from different service regions of the State and from interested stakeholder groups, including but not limited to: (1) The protection and advocacy agency designated pursuant to Title 5, section 19502 ; (2) A statewide coalition that works to support and facilitate the ability of local and statewide self-advocacy organizations to network with each other and with national organizations; (3) A nonprofit organization that serves teens and young adults in the State with emotional and intellectual disabilities; (4) A statewide coalition that works to support and facilitate the ability of local and statewide self-advocacy organizations to network with each other and with national organizations; and (5) The Maine Developmental Disabilities Council. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] C. In making the nominations and appointments, the board and the Governor shall endeavor to ensure that at least 8 of the members of the board are persons with intellectual disabilities or autism or family members, guardians or allies of persons with intellectual disabilities or autism who receive services funded by the Department of Health and Human Services. Of these members, at least 4 must be persons with intellectual disabilities or autism, referred to in this section as "self-advocates." [PL 2011, c. 542, Pt. A, §66 (AMD).] Members of the board must include stakeholders involved in services and supports for persons with intellectual disabilities or autism in the State and other individuals interested in issues affecting persons with intellectual disabilities or autism. Employees of the Department of Health and Human Services may not be appointed as members of the board. [PL 2011, c. 542, Pt. A, §66 (AMD).]

2. Terms. Members of the board serve 3-year terms. A member serves until a successor is appointed. A vacancy must be filled as soon as practicable by appointment for the unexpired term. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]

3. Chair. The board shall elect a chair from among its members. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]

4. Compensation. Members of the board are entitled to reimbursement of reasonable expenses incurred in order to serve on the board as provided in Title 5, section 12004‑J, subsection 15 . Members not otherwise compensated by their employers or other entities whom they represent are entitled to receive a per diem as established by rule or policy adopted by the board for their attendance at authorized meetings of the board. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]

5. Staff. The board may hire an executive director and clerical support staff. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]

6. Budget. The Department of Administrative and Financial Services shall administer the budget of the board. The board shall provide to the Commissioner of Administrative and Financial Services a proposed budget in accordance with a schedule agreed to by the chair and the Commissioner of Administrative and Financial Services. The Department of Administrative and Financial Services shall include in its estimate of expenditure and appropriation requirements filed pursuant to Title 5, section 1665 sufficient funds, listed in a separate account as a separate line item, to enable the board to perform its duties. [PL 2021, c. 686, §4 (AMD).]

7. Maine Tort Claims Act. The board members and staff act as employees of the State, as defined in Title 14, section 8102, subsection 1 , when engaged in official duties specified in this section or assigned by the board. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]

8. Oversight and advisory functions. The board shall: A. Provide independent oversight over programs and services for adults with intellectual disabilities or autism that are provided, authorized, funded or supported by the department or any other agency or department of State Government. The board shall focus on systemic concerns affecting the rights of persons with intellectual disabilities or autism, including but not limited to issues surrounding health and safety, inclusion, identification of needs and desires of persons eligible for services by the department, the timely meeting of the identified needs and effective and efficient delivery of services and supports; and [PL 2011, c. 542, Pt. A, §66 (AMD).] B. Provide advice and systemic recommendations to the commissioner, the Governor and the Legislature regarding policies, priorities, budgets and legislation affecting the rights and interests of persons with intellectual disabilities or autism. [PL 2011, c. 542, Pt. A, §66 (AMD).] [PL 2011, c. 542, Pt. A, §66 (AMD).]

9. Powers and duties of the board. In order to carry out its oversight and advisory functions, the board has the following powers and duties. A. The board shall hold at least one hearing or other forum each year that is open to the public in order to gather information about the availability, accessibility and quality of services available to persons with intellectual disabilities or autism and their families. [PL 2011, c. 542, Pt. A, §67 (AMD).] B. The board may accept funds from the Federal Government, the State, a political subdivision of the State, individuals, foundations and corporations and may expend those funds for purposes consistent with the board’s functions, powers and duties. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] C. The board shall establish priorities for its oversight and systems advocacy work. In establishing priorities, the board shall consider the results of its work in addressing the priorities established in previous years. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] D. The board shall report at least annually to the Governor and the Legislature on its activities and recommendations regarding policies, priorities, budgets and legislation affecting the rights and interests of persons with intellectual disabilities or autism. The board's annual report must include the board's assessment of its operations and progress in addressing the priorities established pursuant to paragraph C . The board's annual report must be made public and widely disseminated in a manner designed to inform interested stakeholders. [PL 2011, c. 542, Pt. A, §67 (AMD).] E. The board may provide reports and recommendations to the commissioner on matters of systemic concern arising from the board’s oversight role. The board may recommend that the department undertake the study of specific systemic issues as part of the department's annual quality assurance activities and strategies, and the board may collaborate and cooperate with the department in the conduct of any such studies, if feasible. The commissioner shall provide a written response no later than 30 days following receipt of the recommendations from the board. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] F. The board may refer individual cases that require investigation or action to the department, the protection and advocacy agency designated pursuant to Title 5, section 19502 or other appropriate agency. [PL 2011, c. 657, Pt. EE, §2 (AMD).] [PL 2011, c. 542, Pt. A, §67 (AMD); PL 2011, c. 657, Pt. EE, §2 (AMD).]

10. Access to information. The board is entitled to access to information from the department necessary to carry out its functions. Except as provided in paragraphs D and E , information provided pursuant to this subsection may not contain personally identifying information about a person with intellectual disabilities or autism. A. Within existing resources, the department shall provide the board, on a schedule to be agreed upon between the board and the department, reports on case management, reportable events, adult protective and rights investigations, unmet needs, crisis services, quality assurance, quality improvement, budgets and other reports that contain data about or report on the delivery of services to or for the benefit of persons with intellectual disabilities or autism, including reports developed by or on behalf of the department and reports prepared by others about the department. [PL 2021, c. 686, §5 (AMD).] B. Within existing resources, the department, when requested by the board or pursuant to a written agreement with the board, shall release to the board information pertaining to alleged abuse, exploitation or neglect or an alleged dehumanizing practice or violation of rights of a person with intellectual disabilities or autism. [PL 2021, c. 686, §5 (AMD).] C. [PL 2013, c. 310, §1 (RP).] D. The board may examine confidential information in individual records with written permission of the person or that person's guardian. If the person or that person's guardian provides the board with written permission to examine confidential information, the board must maintain the confidentiality of the information as required by section 1207 . [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] E. A member of the board or the board's staff may receive and examine confidential information when otherwise authorized to do so by law, including but not limited to when serving on a committee established by the department or other entity for which access to such information is necessary to perform the function of the committee. [PL 2021, c. 686, §5 (AMD).] [PL 2021, c. 686, §5 (AMD).]

11. Rulemaking. The board shall adopt rules governing its operations, including rules establishing its bylaws. Rules adopted pursuant to this subsection must address: A. Procedures for nominating persons to fill vacancies on the board; [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] B. Procedures for holding annual hearings or other alternative means of receiving input from citizens throughout the State pursuant to subsection 9 ; [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] C. Procedures for exercising its powers pursuant to subsection 10, paragraph D in a manner that is respectful of the rights, interests and opinions of persons whose records are at issue; [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] D. Procedures concerning the hiring of an executive director, including the method for selection and the role of the executive director and procedures concerning the supervision, compensation and evaluation of the executive director; and [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] E. The provision of per diem stipends for members not otherwise compensated by their employers or other entities whom they represent for their attendance at authorized meetings of the board. [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 356, §7 (NEW); PL 2007, c. 695, Pt. D, §3 (AFF).]
34-A M.R.S. § 9887-A — ME Code / Title 34-A / Chapter 9 / Section 9887-A
34-A §9887-A. Application fee
Status: in_force

The department may impose on a person applying for transfer of supervision to another state under this compact an application fee of $100. An application for transfer of supervision may not be denied solely because the person is not able to pay the fee. When a person fails to pay the application fee, the department may refuse to process the application unless the failure to pay was not attributable to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment. Fees received by the department pursuant to this section must be deposited into the department's adult community corrections account, which may not lapse. Fees deposited pursuant to this section must be used to defray costs associated with processing the applications for transfer, including, but not limited to, the purchase of materials, equipment and training for probation officers and administrative costs. [PL 2011, c. 677, §2 (NEW).]
34-A M.R.S. § 11273 — ME Code / Title 34-A / Chapter 17 / Section 11273
34-A §11273. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 663, §3 (NEW).]

1. Another state. "Another state" means each of the several states except Maine, and includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. [PL 2011, c. 663, §3 (NEW).]

2. Bureau. "Bureau" means the Department of Public Safety, Bureau of State Police, State Bureau of Identification. [PL 2011, c. 663, §3 (NEW).]

3. Conditional release. "Conditional release" means supervised release of a registrant or an offender from institutional confinement for placement on probation, parole, supervised release for sex offenders, supervised community confinement, home release monitoring or release under Title 15, section 104‑A or Title 17‑A, chapter 67, subchapter 2 . [PL 2019, c. 113, Pt. C, §107 (AMD).]

4. Discharge. "Discharge" means unconditional release and discharge of a registrant from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104‑A . [PL 2011, c. 663, §3 (NEW).]

5. Domicile. "Domicile" means the place where a person has that person's established, fixed, permanent or ordinary dwelling place or legal residence to which, whenever the person is absent, the person has the intention of returning. A person may have more than one residence but only one domicile. [PL 2011, c. 663, §3 (NEW).]

6. FBI. "FBI" means the Federal Bureau of Investigation. [PL 2011, c. 663, §3 (NEW).]

7. Jurisdiction. "Jurisdiction" means the Federal Government, including the military, this State, another state or a tribe. [PL 2011, c. 663, §3 (NEW).]

8. Law enforcement agency having jurisdiction. "Law enforcement agency having jurisdiction" means the chief of police in the municipality where a registrant or an offender expects to be or is domiciled. If the municipality does not have a chief of police, "law enforcement agency having jurisdiction" means the sheriff of the county where the municipality is located. "Law enforcement agency having jurisdiction" also means the sheriff of the county in an unorganized territory. [PL 2011, c. 663, §3 (NEW).]

9. Motor vehicle. "Motor vehicle" means a vehicle that is required to be registered pursuant to Title 29‑A, section 351 . [PL 2011, c. 663, §3 (NEW).]

10. Offender. "Offender" means a person to whom this chapter applies pursuant to section 11272 . [PL 2011, c. 663, §3 (NEW).]

11. Registrant. "Registrant" means a Tier I registrant, Tier II registrant or Tier III registrant. [PL 2011, c. 663, §3 (NEW).]

12. Residence. "Residence" means that place or those places, other than a domicile, in which a person may spend time living, residing or dwelling. Proof that an offender has lived in the State for 14 days continuously or an aggregate of 30 days within a period of one year gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person has established a residence for the purposes of registration requirements imposed by this chapter. [PL 2011, c. 663, §3 (NEW).]

13. Sentence. "Sentence," in addition to any punishment alternatives, includes an involuntary commitment under Title 15, section 103 , or similar statute from another jurisdiction, following a verdict of not criminally responsible by reason of insanity or similar verdict in another jurisdiction. [PL 2011, c. 663, §3 (NEW).]

14. Tier I offense. "Tier I offense" means a conviction for a Class E or Class D crime under the following or for an attempt, solicitation or conspiracy to commit a Class E, Class D or Class C crime under the following if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified: A. Title 17‑A, chapter 11 including the following: (1) Title 17‑A, section 255‑A, subsection 1, paragraph C , regardless of the age of the victim; (2) Title 17‑A, section 255‑A, subsection 1, paragraph F‑2 , regardless of the age of the victim; (3) Title 17‑A, section 255‑A, subsection 1, paragraph G , regardless of the age of the victim; (3-A) Title 17‑A, section 255‑A, subsection 1, paragraph K , regardless of the age of the victim if the crime is committed on or after October 1, 2017; (4) Title 17‑A, section 255‑A, subsection 1, paragraph Q , regardless of the age of the victim; (5) Title 17‑A, section 255‑A, subsection 1, paragraph W , regardless of the age of the victim; and (6) Title 17‑A, section 255‑A, subsection 1, paragraph X , regardless of the age of the victim; [PL 2017, c. 65, §1 (AMD).] B. Title 17‑A, chapter 12 ; [PL 2011, c. 663, §3 (NEW).] C. Title 17‑A, section 511, subsection 1, paragraph D , regardless of the age of the victim; [PL 2011, c. 663, §3 (NEW).] C-1. Title 17‑A, section 511, subsection 1, paragraph F ; [PL 2023, c. 227, §5 (NEW).] D. Title 17‑A, section 556, subsection 1, paragraph A , regardless of the age of the victim; [PL 2011, c. 663, §3 (NEW).] E. Title 17‑A, section 855, subsection 1, paragraph A , if: (1) The crime is committed before October 18, 2021; and (2) The person is convicted of the crime without regard to whether the person who sought the prostitution knew or believed that the person whose prostitution was sought had not attained 18 years of age; and [PL 2021, c. 527, §1 (AMD).] F. A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151. [PL 2011, c. 663, §3 (NEW).] If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of up to 10 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier I offense. "Tier I offense" does not include unlawful sexual contact under Title 17‑A, section 255‑A, subsection 1, paragraph U or unlawful sexual touching under Title 17‑A, section 260 . [PL 2023, c. 227, §5 (AMD).]

15. Tier II offense. "Tier II offense" means a conviction for a Class C crime under the following, or for an attempt, solicitation or conspiracy to commit a Class B crime under the following, if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified: A. Title 17‑A, chapter 11 including the following: (1) Title 17‑A, section 253, subsection 2, paragraph J , regardless of the age of the victim; (1-A) Title 17‑A, section 253, subsection 2, paragraph F , regardless of the age of the victim if the crime is committed on or after October 1, 2017; (2) Title 17‑A, section 253, subsection 2, paragraph K , regardless of the age of the victim; (3) Title 17‑A, section 253, subsection 2, paragraph L , regardless of the age of the victim; (3-A) Title 17‑A, section 253, subsection 2, paragraph M , regardless of the age of the victim, if the crime is committed on or after the effective date of this subparagraph; (3-B) Title 17‑A, section 255‑A, subsection 1, paragraph D , regardless of the age of the victim, if the crime is committed on or after October 1, 2025; (4) Title 17‑A, section 255‑A, subsection 1, paragraph J , regardless of the age of the victim; (4-A) Title 17‑A, section 255‑A, subsection 1, paragraph L , regardless of the age of the victim if the crime is committed on or after October 1, 2017; (5) Title 17‑A, section 255‑A, subsection 1, paragraph R‑1 , regardless of the age of the victim; (6) Title 17‑A, section 255‑A, subsection 1, paragraph R‑2 , regardless of the age of the victim; and (7) Title 17‑A, section 258, subsection 1‑A , if the victim had not attained 12 years of age; [PL 2025, c. 153, §1 (AMD).] B. Title 17‑A, chapter 12 ; [PL 2011, c. 663, §3 (NEW).] C. Title 17‑A, section 855, subsection 1, paragraph A , if: (1) The crime is committed on or after October 18, 2021; or (2) Both: (a) The crime is committed before October 18, 2021; and (b) The person who sought the prostitution knew that the person whose prostitution was sought had not attained 18 years of age; and [PL 2021, c. 527, §2 (AMD).] D. A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151. [PL 2011, c. 663, §3 (NEW).] If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of more than 10 years but less than 26 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier II offense. "Tier II offense" does not include unlawful sexual contact under Title 17‑A, section 255‑A, subsection 1, paragraph V or unlawful sexual touching under Title 17‑A, section 260 . [PL 2025, c. 153, §1 (AMD).]

16. Tier III offense. "Tier III offense" means a conviction for a Class B or Class A crime under the following or for an attempt, solicitation or conspiracy to commit a Class A crime under the following: A. Title 17‑A, chapter 11 ; [PL 2011, c. 663, §3 (NEW).] B. Title 17‑A, chapter 12 ; [PL 2011, c. 663, §3 (NEW).] C. Title 17‑A, section 301, subsection 1, paragraph A , subparagraph (3) if the crime is committed prior to January 1, 2022; [PL 2021, c. 299, Pt. B, §2 (AMD).] C-1. Title 17‑A, section 301, subsection 1, paragraph A , subparagraph (3-A) if the crime is committed on or after January 1, 2022; [PL 2021, c. 299, Pt. B, §3 (NEW).] D. Title 17‑A, section 852, subsection 1 ; [PL 2015, c. 280, §11 (AMD).] D-1. Title 17‑A, section 852, subsection 1‑A , if the crime is committed on or after March 1, 2022; [PL 2021, c. 527, §3 (NEW).] E. A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151; and [PL 2015, c. 280, §11 (AMD).] F. Title 17‑A, section 556, subsection 1, paragraph B , regardless of the age of the victim. [PL 2015, c. 280, §12 (NEW).] If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of more than 25 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier III offense. [PL 2021, c. 527, §3 (AMD).]

17. Tier I registrant. "Tier I registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier I offense. [PL 2011, c. 663, §3 (NEW).]

18. Tier II registrant. "Tier II registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier II offense. [PL 2011, c. 663, §3 (NEW).]

19. Tier III registrant. "Tier III registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier III offense or as provided for under section 11285, subsection 7 . [PL 2011, c. 663, §3 (NEW).]

20. Tribe. "Tribe" means the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 3264 — ME Code / Title 34-A / Chapter 3 / Section 3264
34-A §3264. Conditions of imprisonment
Status: in_force

Prisoners in the prison shall work at tasks normal to the maintenance, service, industrial, agricultural and other activities of the prison. [PL 1999, c. 583, §22 (AMD).]
34-A M.R.S. § 9883 — ME Code / Title 34-A / Chapter 9 / Section 9883
34-A §9883. Severability and construction--Article 13
Status: in_force

The provisions of this compact are severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact are enforceable. The provisions of this compact are liberally constructed to effectuate its purposes. [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 3052 — ME Code / Title 34-A / Chapter 3 / Section 3052
34-A §3052. Comprehensive substance use disorder treatment program (REALLOCATED FROM TITLE 34-A, SECTION 3050)
Status: in_force

(REALLOCATED FROM TITLE 34-A, SECTION 3050)

The commissioner shall maintain a comprehensive substance use disorder treatment program, referred to in this section as "the program," in all correctional facilities. The program must include, but is not limited to, screening, assessment and treatment of persons residing in correctional facilities for substance use disorder, including alcohol use disorder. [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]

1. Screening, assessment and treatment. The program must include screening, assessment and treatment, including, but not limited to, screening during the intake process, medically managed withdrawal, medication-assisted treatment, individual and group counseling and other behavioral treatment options. Medication-assisted treatment must use medications approved or authorized by the United States Food and Drug Administration for the treatment of substance use disorder, including alcohol use disorder, including at least one of each formulation of all United States Food and Drug Administration-approved medication-assisted treatments for those disorders. [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]

2. Training and technical assistance. The program must provide initial and ongoing training and technical assistance for correctional facility staff and health care practitioners in each correctional facility. [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]

3. Program coordination. The program must include coordination with community-based treatment and recovery organizations to facilitate supportive reentry and continuity of care after release. [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]

4. Report. The department shall provide an annual report regarding the program to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by January 15th. [PL 2021, c. 706, §1 (NEW); RR 2021, c. 2, Pt. A, §120 (RAL).]
34-A M.R.S. § 3063-B — ME Code / Title 34-A / Chapter 3 / Section 3063-B
34-A §3063-B. Transfer from jails
Status: in_force

The commissioner may accept custody of prisoners transferred to the department from county jails under Title 30‑A, section 1557‑B . [PL 2015, c. 335, §28 (NEW).]
34-B M.R.S. § 1432 — ME Code / Title 34-B / Chapter 1 / Section 1432
34-B §1432. Administration of medication
Status: in_force

The administration of medication in state institutions shall be in accordance with rules established by the State Board of Nursing. [PL 1983, c. 459, §7 (NEW).]

1. Maine Administrative Procedure Act. The State Board of Nursing shall establish rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 459, §7 (NEW).]

2. Considerations. In establishing rules for each type of state institution, the State Board of Nursing shall consider, among other factors: A. The general health of the persons likely to receive medication; [PL 1983, c. 459, §7 (NEW).] B. The number of persons served by the institution; and [PL 1983, c. 459, §7 (NEW).] C. The number of persons employed at the institution. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 1218 — ME Code / Title 34-B / Chapter 1 / Section 1218
34-B §1218. Services to persons who are deaf or hard-of-hearing
Status: in_force

1. Mental health services. The department shall provide accommodations and services for persons who are deaf or hard-of-hearing in order to provide access to mental health programs funded or licensed by the department. These accommodations must include, but are not limited to, the following: A. Appropriate mental health assessments for clients who are deaf or hard-of-hearing; [PL 1993, c. 519, §1 (NEW).] B. Provision of interpreter services for treatment; [PL 1993, c. 519, §1 (NEW).] C. Educational and training for mental health staff providing treatment to persons who are deaf or hard-of-hearing; [PL 1993, c. 519, §1 (NEW).] D. Placement of telecommunication devices for persons who are deaf or hard-of-hearing in comprehensive community mental health facilities; [PL 1993, c. 519, §1 (NEW).] E. Support and training for families with members who are deaf or hard-of-hearing who experience mental health problems; and [PL 1993, c. 519, §1 (NEW).] F. Establishment of a therapeutic residence program for persons who are deaf or hard-of-hearing and in need of residential mental health treatment. The therapeutic residence program must be operated in conjunction with existing rehabilitation, education, mental health treatment and housing resources. The therapeutic residence program must be staffed by individuals trained in mental health treatment and proficient in communication for the deaf. [PL 1993, c. 519, §1 (NEW).] [PL 1995, c. 560, Pt. K, §24 (AMD).]

2. Services for persons with intellectual disabilities or autism. The department shall provide accommodations and services ensuring access for persons who are deaf or hard-of-hearing to programs funded or licensed by the department providing services for persons who have intellectual disabilities or autism. These accommodations and services must include, but are not limited to, the following. A. The department shall ensure the provision of appropriate assessments for clients who are deaf or hard-of-hearing. Assessments must be performed by a person who is proficient in American Sign Language and must include an assessment of intellectual disability or autism and an assessment of communication skills, including the capacity to communicate using American Sign Language. The department shall survey the client population to determine which clients are deaf or hard-of-hearing. [PL 2011, c. 542, Pt. A, §65 (AMD).] B. For purposes of treatment, the department shall ensure the provision of interpreter services by a person proficient in American Sign Language. [PL 1995, c. 560, Pt. K, §24 (AMD).] C. The department shall ensure that staff providing direct services to persons who are deaf or hard-of-hearing have education and training in American Sign Language and deaf culture. [PL 2011, c. 542, Pt. A, §65 (AMD).] D. The department shall provide for the placement of telecommunication devices for persons who are deaf or hard-of-hearing in any location that provides residential, employment or other community-based services for persons eligible under this Title. [PL 2011, c. 542, Pt. A, §65 (AMD).] E. The department shall ensure the provision of support and training for families with members who have an intellectual disability or autism who are deaf or hard-of-hearing. [PL 2011, c. 542, Pt. A, §65 (AMD).] F. The department shall establish therapeutic residence options for persons with intellectual disabilities or autism who are deaf or hard-of-hearing and in need of a residence. The therapeutic residences must be operated in conjunction with existing rehabilitation, education, housing and other community-based service resources. The therapeutic residences must be staffed by individuals trained in providing services for persons with intellectual disabilities and autism and proficient in American Sign Language. Therapeutic residence options must be flexible and allow for individual choice. [PL 2011, c. 542, Pt. A, §65 (AMD).] G. The department shall designate in each regional office one staff person who is responsible for the coordination of deaf services in that office. The department shall provide ongoing training to regional office staff with the goal of having at least one person in each regional office who is proficient in American Sign Language. [PL 1995, c. 560, Pt. K, §24 (AMD).] [PL 2011, c. 542, Pt. A, §65 (AMD).]

3. School-aged children. This section does not diminish or alter in any way the Department of Education's responsibility to provide free and appropriate education to students with disabilities. [PL 1993, c. 519, §1 (NEW).]

4. Report. The department shall prepare a biennial report that describes accommodations and services available under this section and identifies unmet service needs and a plan to address those needs. The commissioner shall include representatives from deaf communities, families and public and private service agencies in the preparation of the report. The report must be submitted to the joint standing committee of the Legislature having jurisdiction over human resource matters and the Office of the Executive Director of the Legislative Council by January 15th of every even-numbered year. [PL 1993, c. 519, §1 (NEW).]
34-A M.R.S. § 1001 — ME Code / Title 34-A / Chapter 1 / Section 1001
34-A §1001. Definitions
Status: in_force

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §6 (NEW).]

1. Chief administrative officer. "Chief administrative officer" means the head of a correctional facility or a detention facility. A. [PL 1991, c. 314, §1 (RP).] B. [PL 1991, c. 314, §1 (RP).] C. [PL 1991, c. 314, §1 (RP).] D. [PL 1991, c. 314, §1 (RP).] [PL 1991, c. 314, §1 (AMD).]

1-A. Client. "Client" means any person in the custody or under the supervision of the department, including, but not limited to, a prisoner, juvenile client, contract client, probationer, parolee, juvenile detainee and an informally adjusted juvenile. [PL 1991, c. 314, §2 (NEW).]

1-B. Adult developmental services. "Adult developmental services" has the same meaning as in Title 34‑B, section 1001, subsection 1‑A . [PL 2011, c. 542, Pt. A, §57 (NEW).]

2. Commissioner. "Commissioner" means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. [PL 1983, c. 459, §6 (NEW).]

3. Committed offender. [PL 1991, c. 314, §3 (RP).]

4. Contract agency. "Contract agency" means a facility or program outside the jurisdiction of the department, providing services under contract to the department. [PL 1983, c. 459, §6 (NEW).]

5. Contract client. "Contract client" means a client residing in a facility or participating in a program outside the jurisdiction of the department under an agreement between the department and the contract agency. [PL 1991, c. 314, §4 (AMD).]

6. Correctional facility. "Correctional facility" means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208‑A . [PL 2003, c. 410, §9 (AMD).]

7. Correctional program. "Correctional program" includes, but is not limited to, probation and parole, court intake and jail inspection. [PL 1983, c. 459, §6 (NEW).]

8. Department. "Department" means the Department of Corrections. [PL 1983, c. 459, §6 (NEW).]

8-A. Detention facility. "Detention facility" means the Long Creek Youth Development Center. [PL 2023, c. 135, §1 (AMD).]

9. Holding facility. "Holding facility" means a facility or part of a building used for the detention of adult pretrial detainees prior to arraignment, release or transfer to another facility or authority for periods of up to 48 hours. "Holding facility" also means a county jail or part of a jail used for the detention of adult inmates, whether detained pending a trial or other court proceeding or sentenced for periods of up to 72 hours excluding Saturday, Sunday and legal holidays and excluding days during which the inmate is at court. A. [PL 2009, c. 391, §8 (RP).] B. [PL 2009, c. 391, §8 (RP).] [PL 2009, c. 391, §8 (RPR).]

10. Informally adjusted juvenile. "Informally adjusted juvenile" means a juvenile participating in a program of informal adjustment, as defined in Title 15, section 3003, subsection 10 . [PL 1983, c. 459, §6 (NEW).]

10-A. Investigative officer. "Investigative officer" means an employee of the department designated by the commissioner as having the authority to conduct investigations of crimes or juvenile crimes relating to the security or orderly management of a facility administered by the department and engage in any other activity that is related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act or the administration of juvenile justice and who is certified by the Board of Trustees of the Maine Criminal Justice Academy as a full-time law enforcement officer. [PL 2021, c. 365, §31 (AMD); PL 2021, c. 365, §37 (AFF).]

11. Juvenile client. "Juvenile client" means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 15, section 3314, subsection 7 . [PL 2025, c. 431, §28 (AMD).]

11-A. Juvenile detainee. "Juvenile detainee" means a juvenile detained at a departmental juvenile facility pending a court proceeding or pursuant to Title 15, section 3312, subsection 3, paragraph D . [PL 2005, c. 507, §19 (AMD).]

11-B. Likelihood of serious harm. "Likelihood of serious harm" means a: A. Substantial risk of physical harm to a person, as manifested by that person's recent threats of, or attempts at, suicide or serious self-inflicted harm; [PL 2013, c. 434, §2 (NEW).] B. Substantial risk of physical harm to other persons, as manifested by a person's recent homicidal or other violent behavior or recent conduct placing others in reasonable fear of serious physical harm; or [PL 2013, c. 434, §2 (NEW).] C. Reasonable certainty that a person will suffer severe physical or mental harm as manifested by that person's recent behavior demonstrating an inability to avoid risk or to protect the person's self adequately from impairment or injury. [PL 2013, c. 434, §2 (NEW).] [PL 2017, c. 147, §1 (AMD).]

12. Parking area. "Parking area" means land maintained by the State at the correctional facilities which may be designated as parking areas by the chief administrative officers of the correctional facilities. [PL 1983, c. 459, §6 (NEW).]

12-A. Person with mental illness. "Person with mental illness" means a person who has attained 18 years of age and has been diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health. An intellectual disability as defined in Title 34‑B, section 5001, subsection 3 or a personality disorder is not a psychiatric or other illness for purposes of this subsection. [PL 2017, c. 147, §2 (AMD).]

13. Prison. "Prison" means the Maine State Prison. [PL 1983, c. 459, §6 (NEW).]

14. Prisoner. "Prisoner" means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. [PL 2013, c. 133, §24 (AMD).]

15. Public way. "Public way" means a road or driveway on land maintained by the State at the correctional facilities. [PL 1983, c. 459, §6 (NEW).]

15-A. Regional correctional administrator. "Regional correctional administrator" means the supervisor of adult probation and parole services or the supervisor of juvenile community corrections officer services for a region. [PL 2013, c. 133, §25 (AMD).]

15-B. Restorative justice. "Restorative justice" means a practice in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members, advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm. [PL 2021, c. 355, §1 (NEW).]

16. Segregation. "Segregation" means the separation of a prisoner from the general population of a correctional facility for administrative or punitive reasons. [PL 1991, c. 314, §8 (AMD).]

17. Short-term detention area. "Short-term detention area" means a section of a building used for the detention of pretrial detainees for periods of up to 4 hours. [PL 1983, c. 459, §6 (NEW).]

18. Written political material. "Written political material" means flyers, handbills or other nonperiodical publications, which are subject to the restrictions of Title 21‑A, chapter 13 . [PL 1985, c. 161, §14 (AMD).]

19. Administration of criminal justice. [PL 2015, c. 470, §15 (RP).]

20. Criminal justice agency. "Criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4 . [PL 2013, c. 267, Pt. B, §26 (AMD).]

21. Administration of juvenile criminal justice. [PL 2021, c. 365, §32 (RP); PL 2021, c. 365, §37 (AFF).]

22. Administration of juvenile justice. "Administration of juvenile justice" has the same meaning as in Title 15, section 3003, subsection 1‑A . [PL 2021, c. 365, §33 (AMD); PL 2021, c. 365, §37 (AFF).]
34-B M.R.S. § 1212 — ME Code / Title 34-B / Chapter 1 / Section 1212
34-B §1212. State Forensic Service
Status: in_force

1. Establishment and membership. The Commissioner of Health and Human Services shall establish a State Forensic Service and appoint its members. Members must be psychiatrists and licensed clinical psychologists experienced in forensic service and may not be directly involved in the treatment of persons committed to the department under Title 15, chapter 5 . These psychiatrists and psychologists may be employed by the department directly or as independent contractors. [RR 1995, c. 2, §85 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Duties. The State Forensic Service shall have the following duties: A. To perform examinations of the mental condition of a defendant pursuant to Title 15, section 101‑D and to do the evaluations or examinations on behalf of any court of record, pursuant to agreement between the commissioner and the jurisdiction requesting that the evaluation be performed; [PL 2009, c. 268, §11 (AMD).] B. To perform examinations of the mental condition of persons committed to the custody of the commissioner under Title 15, section 103 , for the purposes specified in Title 15, section 104‑A ; [PL 1995, c. 219, §1 (AMD).] C. To perform examinations of the mental condition of persons pursuant to Title 22, chapter 250 ; and [PL 1995, c. 219, §2 (AMD).] D. To perform evaluations on behalf of any court of record. The State Forensic Service may contract with psychologists, psychiatrists and licensed clinical social workers to perform evaluations. The clinicians under contract are entitled to quasi-judicial immunity for all acts performed within the scope of their evaluation duties and in accordance with protocols for evaluations established by the State Forensic Service. [PL 1995, c. 219, §3 (NEW).] [PL 2009, c. 268, §11 (AMD).]

3. Professional education program. The State Forensic Service may establish and maintain a professional education program designed to assist licensed psychologists and psychiatrists in developing expertise in the forensic aspects of each profession, with emphasis on the assessment of competency, criminal responsibility and abnormal condition of mind under the laws of the State. [PL 1989, c. 621, §9 (NEW).]
34-A M.R.S. § 3072 — ME Code / Title 34-A / Chapter 3 / Section 3072
34-A §3072. Treaty; transfer of noncitizens of the United States
Status: in_force

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. [PL 1985, c. 821, §22 (NEW).]
34-B M.R.S. § 5471 — ME Code / Title 34-B / Chapter 5 / Section 5471
34-B §5471. Service agreements
Status: in_force

1. Service agreement required. Each personal plan or service plan must be carried out pursuant to a written service agreement. [PL 2003, c. 389, §15 (AMD).]

2. Signatures. Each service agreement must be signed and dated by at least: A. The client, if the client is able; [PL 2003, c. 389, §15 (AMD).] B. The client's guardian or next of kin, if that person exists and is available; [PL 1983, c. 459, §7 (NEW).] C. A client advocate, if the client has no guardian; [PL 1983, c. 459, §7 (NEW).] D. The individual support coordinator of the planning team that developed the personal plan or service plan for the client; and [PL 2013, c. 21, §11 (AMD).] E. [PL 2013, c. 21, §12 (RP).] F. [PL 2013, c. 21, §13 (RP).] G. The chief administrative officer, or the chief administrative officer's agent, of other public or private agencies or groups that agree to provide services to the client. [PL 2003, c. 389, §15 (AMD).] [PL 2013, c. 21, §§11-13 (AMD).]

3. Contents. Each service agreement must include at least the following information. A. It must specify the respective responsibilities, where applicable, of the client, the family or guardian of the client, the regional office and each public and private agency that intends to provide services to the client. [PL 2013, c. 21, §14 (AMD).] B. It must identify by job classification or other description each individual who is responsible for carrying out each part of the service plan or personal plan. [PL 2003, c. 389, §15 (AMD).] C. [PL 2003, c. 389, §15 (RP).] [PL 2013, c. 21, §14 (AMD).]

4. Implementation of service plan or personal plan. Implementation of a service plan or personal plan is governed as follows. A. No part of a service plan or personal plan may be implemented until each person required to sign the service agreement under subsection 2 has signed it. [PL 2013, c. 21, §15 (AMD).] B. Any existing service plan or personal plan is considered to be in effect until all persons required to sign under subsection 2 have signed the new service agreement. [PL 2003, c. 389, §15 (AMD).] C. A service plan or personal plan may not be in effect longer than one year and 2 weeks from the day on which the last person signed the service agreement for the plan. [PL 2003, c. 389, §15 (AMD).] [PL 2013, c. 21, §15 (AMD).]

5. Review. [PL 2003, c. 389, §15 (RP).]

6. Amendment. Any major changes in a client's service plan or personal plan may occur only after the service agreement has been amended and signed by the persons specified in subsection 2 . [PL 2003, c. 389, §15 (AMD).]
34-A M.R.S. § 9407 — ME Code / Title 34-A / Chapter 9 / Section 9407
34-A §9407. Entry into force--Article VII
Status: in_force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9922 — ME Code / Title 34-A / Chapter 9 / Section 9922
34-A §9922. State Council for Juvenile Supervision established
Status: in_force

The State Council for Juvenile Supervision, referred to in this section as "the council," is established to provide oversight and guidance to the State's participation in the Interstate Compact for Juveniles. [PL 2011, c. 676, §2 (NEW).]

1. Membership. The council consists of 7 members as follows: A. The Senate chair of the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters or the chair's designee; [PL 2011, c. 676, §2 (NEW).] B. The House chair of the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters or the chair's designee; [PL 2011, c. 676, §2 (NEW).] C. Three members who are appointed by the commissioner for a term of 4 years, or until a successor is appointed, who are eligible for reappointment at the discretion of the commissioner and who are members of the Juvenile Justice Advisory Group appointed by the Governor under section 1209 : (1) One prosecutor; (2) One representative of a statewide association representing victims of crime; and (3) One representative representing law enforcement; [PL 2011, c. 676, §2 (NEW).] D. The compact administrator for the Interstate Compact for Juveniles, who may be a designee appointed by the commissioner to administer the Interstate Compact for Juveniles; and [PL 2011, c. 676, §2 (NEW).] E. The Associate Commissioner for Juvenile Services or the associate commissioner's designee. [PL 2011, c. 676, §2 (NEW).] The council shall invite the Chief Justice of the Supreme Judicial Court to designate a trial judge to act as advisor to the council. [PL 2011, c. 676, §2 (NEW).]
34-B M.R.S. § 13002 — ME Code / Title 34-B / Chapter 13 / Section 13002
34-B §13002. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 610, §3 (NEW).]

1. Client. "Client" means a person who receives services from a provider. [PL 1997, c. 610, §3 (NEW).]

2. Emergency. "Emergency" means a situation, physical condition, financial condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to individuals served or funded by the department, including, but not limited to, imminent or actual abandonment of a facility or service. [PL 1997, c. 610, §3 (NEW).]

3. Facility. "Facility" means any residential facility funded in whole or in part by the department but does not include hospitals licensed pursuant to Title 22, chapter 405 . [PL 1997, c. 610, §3 (NEW).]

4. Habitual violation. "Habitual violation" means a violation of state or federal law that, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. [PL 1997, c. 610, §3 (NEW).]

5. Licensee. "Licensee" means any person or any other legal entity, other than a receiver appointed under section 13003 , who is licensed or required to be licensed to operate a facility or to provide services. [PL 1997, c. 610, §3 (NEW).]

6. Owner. "Owner" means the holder of the title to the real estate in which the facility is maintained. [PL 1997, c. 610, §3 (NEW).]

7. Provider. "Provider" means a business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, engaged in providing services licensed or funded, in whole or in part, by the department but does not include a hospital licensed pursuant to Title 22, chapter 405 . [PL 1997, c. 610, §3 (NEW).]

8. Resident. "Resident" means any person who lives in and receives services or care in a facility. [PL 1997, c. 610, §3 (NEW).]

9. Substantial violation. "Substantial violation" means a violation of state or federal law that presents a reasonable likelihood of serious physical or mental harm to residents. [PL 1997, c. 610, §3 (NEW).]

10. Transfer trauma. "Transfer trauma" means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. [PL 1997, c. 610, §3 (NEW).]
34-B M.R.S. § 1301 — ME Code / Title 34-B / Chapter 1 / Section 1301
34-B §1301. Dorothea Dix Award
Status: in_force

The commissioner shall establish the Dorothea Dix Award, which recognizes and honors outstanding achievement in improving the lives of people living with mental illness or mental disabilities. The award must be made on April 4th of each odd-numbered year at the Dorothea Dix Psychiatric Center. The Governor or the Governor's designee shall present the award. [PL 2005, c. 236, §1 (NEW).]

1. Eligibility. A person who is a Maine resident or has direct long-standing ties with Maine is eligible to win the award. [PL 2005, c. 236, §1 (NEW).]

2. Dorothea Dix Award Selection Committee; established. The Dorothea Dix Award Selection Committee, known in this subchapter as "the committee," is established and consists of the following 4 members: A. One member representing people with mental illness, chosen by the Governor; [PL 2005, c. 236, §1 (NEW).] B. One member representing advocates for the legal rights of people living with disabilities, chosen by the President of the Senate; [PL 2005, c. 236, §1 (NEW).] C. One member representing people with mental disabilities, chosen by the Speaker of the House of Representatives; and [PL 2005, c. 236, §1 (NEW).] D. One member representing children living with mental illness or mental disabilities, chosen by the Attorney General. [PL 2005, c. 236, §1 (NEW).] [PL 2005, c. 236, §1 (NEW).]

3. Selection procedure. Any person may nominate a candidate for the award. The committee shall develop a review and selection procedure. [PL 2005, c. 236, §1 (NEW).]
34-A M.R.S. § 5601 — ME Code / Title 34-A / Chapter 5 / Section 5601
34-A §5601. Interagency agreements
Status: in_force

The department may enter into agreements with state agencies, other public agencies and private nonprofit agencies to provide supervision or other services to juveniles placed on probation by the Juvenile Court. [PL 1983, c. 459, §6 (NEW).]

1. Terms. The terms of the agreements, including any payments to be made by the department for the services provided, shall be set forth in writing. [PL 1983, c. 459, §6 (NEW).]

2. Termination. Any agreement made under this section may be terminated upon 90 days' written notice by either party to the agreement. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 11001 — ME Code / Title 34-B / Chapter 11 / Section 11001
34-B §11001. Medical treatment of psychotic disorders
Status: in_force

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient. [PL 1993, c. 454, §1 (NEW).] B. "Declarant" means a person suffering from a psychotic condition who has executed a declaration while in a state of remission in accordance with the requirements of subsection 2 . [PL 1993, c. 454, §1 (NEW).] C. "Declaration" means a written document voluntarily executed by the declarant in accordance with the requirements of subsection 2 regardless of form. [PL 1993, c. 454, §1 (NEW).] D. "Health care facility" includes any program, institution, place, building or agency or portion thereof, private or public, whether organized for profit or not, used, operated or designed to provide medical diagnosis, treatment or rehabilitative or preventive care to any person. "Health care facility" includes, but is not limited to, facilities that are commonly referred to as hospitals, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, health maintenance organizations and other facilities providing similarly organized services regardless of nomenclature. [PL 1993, c. 454, §1 (NEW).] E. "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by law to administer health care in the ordinary course of business or practice of a profession. [PL 1993, c. 454, §1 (NEW).] F. "Incompetent person" means a person who suffers from a psychotic condition who is temporarily impaired by reason of having lapsed into that psychotic condition to the extent that while temporarily impaired, the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person's health care. [PL 1993, c. 454, §1 (NEW).] G. "Physician" means an individual licensed to practice medicine. [PL 1993, c. 454, §1 (NEW).] H. "Psychotic condition" means any disease, illness or condition commonly referred to by the medical profession according to ordinary standards of current medical practice as any disorder characterized by psychotic tendencies or manic-depressive behavior or schizophrenia or other similar condition that, without the administration of appropriate medical treatment, including the use of psychotropic drugs, would constitute a danger to the patient or to others and would result in a patient being gravely disabled. [PL 1993, c. 454, §1 (NEW).] [PL 1993, c. 454, §1 (NEW).]

2. Execution of declaration. Any person 18 years of age or older who suffers from a psychotic condition but is competent and in a state of remission at the time of execution may execute a declaration directing that medical treatment, including the administration of psychotropic drugs, be provided at a time when the person has lapsed and is not able to make decisions regarding medical treatment. [PL 1993, c. 454, §1 (NEW).]

3. Declaration requirements. A declaration made pursuant to this chapter must: A. Be in writing; [PL 1993, c. 454, §1 (NEW).] B. Be signed by the person making the declaration or by another person in the declarant's presence and at the declarant's expressed direction; [PL 1993, c. 454, §1 (NEW).] C. Be dated; [PL 1993, c. 454, §1 (NEW).] D. Be signed in the presence of 2 or more witnesses who are: (1) At least 18 years of age; (2) Not related to the declarant by blood, marriage or adoption; (3) Not, at the time the declaration is executed, attending physicians, employees of the attending physicians or employees of a health care facility in which the declarant is a patient; and [PL 1993, c. 454, §1 (NEW).] E. Have all signatures notarized at the same time. [PL 1993, c. 454, §1 (NEW).] [PL 1993, c. 454, §1 (NEW).]

4. Declaration sample form. The following declaration sample form may be copied and used by filling in the blanks or may be changed to add more individualized instructions or an entirely different format may be used to provide health care instructions. DECLARATION I. Statement of Declarant Declaration made this .......... day of .......... (month, year). I, ................................, being of sound mind, willfully and voluntarily make known my desire that medical treatment as outlined below, including the administration of psychotropic drugs if necessary, be provided to me under the circumstances set forth below, and do hereby declare: If at any time I should lapse into a psychotic condition as determined by 2 physicians who have personally examined me, one of whom is my attending physician and the physicians have determined that I am unable to make decisions concerning my medical treatment, and that without medical treatment my condition will result in my being gravely disabled and in my posing a serious danger to myself or to others and when medical treatment would serve to remedy the condition and prevent potential or further harm to myself or to others, I direct that the following personal medical treatment plan, including the elements checked below, be provided to me and be carried out: (....) Psychotropic drugs (specify) ................................................................................... (....) Hospitalization if necessary (....) Counseling (....) Therapy involving my family members or friends (....) (Other treatment) ............................................................................................... In the absence of my ability to give directions regarding the provision of medical treatment, it is my intention that this declaration be honored by my family and physician(s) as my legal informed consent to receive medical treatment. My instructions must prevail even if they create a conflict with the desires of my relatives. This declaration controls in all circumstances. I understand the full import of this declaration and declare that I am emotionally and mentally competent at this time to make this declaration. Signed .................................................................. Address ............................................................... II. Statement of Witnesses I am at least 18 years of age and am not related to the declarant by blood, marriage or adoption or the attending physician, an employee of the attending physician or an employee of the health care facility in which the declarant is a patient. The declarant is personally known to me and I believe the declarant to be of sound mind at this time of execution. Witness ..................................................................... Address .................................................................... Witness ..................................................................... Address..................................................................... III. Notarization Subscribed, sworn to and acknowledged before me by ................................................, the declarant, and subscribed and sworn to before me by ................................................................. and ...................................................., witnesses, this ............ day of ............, 19.... (SEAL) Signed ............................................................................. ............................................................................ (official capacity of officer) [PL 1993, c. 454, §1 (NEW).]

5. Presumed validity of declaration. If a patient is incompetent at the time of the decision to give medical treatment, a declaration executed in accordance with subsection 2 is presumed valid. For the purpose of this chapter, a physician or health care facility may presume, in the absence of actual notice to the contrary, that a person who executed a declaration was of sound mind when the declaration was executed. Execution of a declaration may not be considered an indication of a declarant's mental incompetence. [PL 1993, c. 454, §1 (NEW).]

6. Patient's wishes supersede declaration. The wishes of a declarant, at all times when the declarant is in a state of remission and is competent, supersede the declaration. [PL 1993, c. 454, §1 (NEW).]

7. Declaration becomes part of medical records. The declarant must provide for delivery of the notarized declaration to the attending physician. If the declarant is comatose, incompetent or otherwise mentally or physically incapable after executing the declaration, any other person may deliver the notarized declaration to the physician. An attending physician who is notified under this subsection shall promptly make the declaration a part of the declarant's medical records. [PL 1993, c. 454, §1 (NEW).]

8. Duty to deliver. A person who has a declaration of another in that person's possession and who becomes aware that the declarant is in circumstances under which the terms of the declaration may become applicable shall deliver the declaration to the declarant's attending physician or to the health care facility in which the declarant is a patient. [PL 1993, c. 454, §1 (NEW).]

9. Written certification. An attending physician who has been notified of the existence of a declaration executed under this chapter shall make all reasonable efforts to obtain the notarized declaration and shall ascertain without delay whether the declarant's current condition corresponds to the condition under which the declaration would take effect. If a patient's condition corresponds to the condition described in the patient's declaration, a written certification of the declarant's condition must be made a part of the declarant's medical record and must be substantially in the following form: CERTIFICATION OF CONDITION SPECIFIED IN PATIENT'S DECLARATION I certify that, in my professional opinion, (name of patient) ................................ is not able to participate in decisions concerning medical treatment to be administered and has the following condition: (diagnosis) .......................................................................................................... According to the declaration, (name of patient) ................................ wishes to receive medical treatment according to a personal medical treatment plan as specified in the patient's declaration under these circumstances. Signed ............................................................................. Attending Physician Signed ............................................................................ Second Attending Physician [PL 1993, c. 454, §1 (NEW).]

10. Identification of declarant. All inpatient health care facilities shall develop a system to visibly identify a patient's chart that contains a declaration as set forth in this chapter. [PL 1993, c. 454, §1 (NEW).]

11. Transfer to another physician. An attending physician and any other physician under the attending physician's direction or control who possesses the patient's declaration or knows that the declaration is part of the patient's record in the health care facility in which the declarant is receiving care shall follow as closely as possible the terms of the declaration. An attending physician who, because of personal beliefs or conscience, refuses or is unable to certify a patient or who is unable to comply with the terms of the patient's declaration shall make the necessary arrangements to transfer the patient and the appropriate medical records without delay to another physician. A physician who transfers the patient without unreasonable delay or who makes a good faith attempt to do so is not subject to criminal prosecution or civil liability and may not be found to have committed an act of unprofessional conduct for refusal to comply with the terms of the declaration. Transfer under these circumstances does not constitute abandonment. Failure of an attending physician to transfer in accordance with this section constitutes professional misconduct. [PL 1993, c. 454, §1 (NEW).]

12. Revocation. At any time the declarant is in a state of remission and is competent, the declaration may be revoked by: A. Canceling, defacing, obliterating, burning, tearing or otherwise destroying by the declarant or by some person in the declarant's presence and at the declarant's direction; [PL 1993, c. 454, §1 (NEW).] B. A written revocation signed and dated by the declarant expressing the declarant's intent to revoke. The attending physician shall record in the patient's medical record the time and date when the physician received notification of the written revocation; [PL 1993, c. 454, §1 (NEW).] C. A declarant's unambiguous verbal expression in the presence of 2 adult witnesses of an intent to revoke the declaration. The revocation becomes effective upon communication to the attending physician by the declarant or by both witnesses. The attending physician shall record in the patient's medical record the time, date and place of the revocation and the time, date and place, if different, at which the attending physician received notification of the revocation; or [PL 1993, c. 454, §1 (NEW).] D. A declarant's unambiguous verbal expression of an intent to revoke the declaration to an attending physician. [PL 1993, c. 454, §1 (NEW).] [PL 1993, c. 454, §1 (NEW).]

13. Health care or health insurance. A person or entity may not require any person to execute a declaration as a condition for being insured for or for receiving insurance benefits or health care services. [PL 1993, c. 454, §1 (NEW).]

14. Criminal penalties. A person who threatens, directly or indirectly, coerces or intimidates any person to execute a declaration commits a Class C crime. A person who willfully conceals, cancels, defaces, obliterates or damages another's declaration without the declarant's consent or who falsifies or forges a declarant's revocation of declaration with the intent to create the false impression that the declarant has directed that no medical treatment be given commits a Class E crime. A physician who willfully fails to record a statement of revocation according to the requirements of subsection 12 commits a Class C crime. [PL 1993, c. 454, §1 (NEW).]

15. Health personnel protections. In the absence of actual notice of the revocation of a declaration, a health care provider, health care facility, physician or other person acting under the direction of an attending physician is not subject to criminal prosecution or civil liability and may not be deemed to have engaged in unprofessional conduct as a result of the provision of medical treatment to a declarant in accordance with this chapter unless the absence of actual notice resulted from the negligence of the health care provider, physician or other person. [PL 1993, c. 454, §1 (NEW).]

16. Petition for guardianship. A person may petition the court for appointment of a guardian for a declarant if that person has good reason to believe that the provision of medical treatment in a particular case: A. Is contrary to the most recent expressed wishes of a declarant who was in remission and was competent at the time of expressing the wishes; [PL 1993, c. 454, §1 (NEW).] B. Is being proposed pursuant to a declaration that has been falsified, forged or coerced; or [PL 1993, c. 454, §1 (NEW).] C. Is being considered without the benefit of a revocation that has been unlawfully concealed, destroyed, altered or cancelled. [PL 1993, c. 454, §1 (NEW).] [PL 1993, c. 454, §1 (NEW).]

17. Procedure in absence of declaration. In the absence of a declaration, ordinary standards of current medical practice must be followed. Nothing in this chapter may be construed to require a declaration in order for medical treatment to be given. If there is no declaration, a verbal statement made by the patient to either a physician or to the patient's friend or relative may be considered by the physician in deciding whether the patient would want the physician to provide medical treatment. Unambiguous verbal statements by the patient or reliable reports of these statements must be documented in the patient's medical record. The provision of medical treatment pursuant to this subsection is not grounds for any civil or criminal action and does not constitute professional misconduct. [PL 1993, c. 454, §1 (NEW).]

18. Preservation of existing rights. Nothing in this chapter impairs or supersedes any legal right or legal responsibility that a person may have to provide medical treatment in a lawful manner. In this respect, the provisions of this chapter are cumulative. [PL 1993, c. 454, §1 (NEW).]

19. No presumption. This chapter does not create a presumption concerning the intention of a person who has revoked or has not executed a declaration to receive medical treatment. [PL 1993, c. 454, §1 (NEW).]

20. Declaration executed before effective date. The declaration of any patient executed prior to the effective date of this chapter must be given effect as provided in this chapter. [PL 1993, c. 454, §1 (NEW).]

21. Recognition of document executed in another state. A document executed in another state is valid for purposes of this chapter if the document and the execution of the document substantially comply with the requirements of this chapter. [PL 1993, c. 454, §1 (NEW).]

22. Effect of multiple documents. Medical treatment instructions contained in a declaration executed in accordance with this chapter supersede: A. A contrary or conflicting instruction given by a proxy or an attorney for health care decisions unless the proxy appointment or the power of attorney expressly provides otherwise; and [PL 1993, c. 454, §1 (NEW).] B. Instructions in a prior declaration. [PL 1993, c. 454, §1 (NEW).] [PL 1993, c. 454, §1 (NEW).]
34-B M.R.S. § 3001 — ME Code / Title 34-B / Chapter 3 / Section 3001
34-B §3001. General
Status: in_force

The Department of Health and Human Services is responsible for the direction of the mental health programs in the state institutions and for the promotion and guidance of mental health programs within the communities of the State. [PL 1995, c. 560, Pt. K, §31 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
34-A M.R.S. § 9877 — ME Code / Title 34-A / Chapter 9 / Section 9877
34-A §9877. Activities of interstate commission-- Article 7
Status: in_force

1. Commission actions. The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must have been taken at a meeting of the interstate commission and must have received an affirmative vote of a majority of the members present. [PL 2003, c. 495, §1 (NEW).]

2. Members' rights. Each member of the interstate commission has the right and power to cast a vote to which the compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and may not delegate a vote to another member state. A state council shall appoint another authorized representative in the absence of the commissioner from that state to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication is subject to the same quorum requirements of meetings when members are present in person. [PL 2003, c. 495, §1 (NEW).]

3. Meeting. The interstate commission shall meet at least once during each calendar year. The chair of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings. [PL 2003, c. 495, §1 (NEW).]

4. Information; records available. The interstate commission's bylaws must establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. [PL 2003, c. 495, §1 (NEW).]

5. Meeting notice. Public notice must be given of all meetings and all meetings are open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the Government in the Sunshine Act, 5 United States Code, Section 552 (b), as amended. The interstate commission and any of its committees may close a meeting to the public when the interstate commission determines by 2/3 vote that an open meeting: A. Relates solely to the interstate commission's internal personnel practices and procedures; [PL 2003, c. 495, §1 (NEW).] B. May disclose matters specifically exempted from disclosure by statute; [PL 2003, c. 495, §1 (NEW).] C. May disclose trade secrets or commercial or financial information that is privileged or confidential; [PL 2003, c. 495, §1 (NEW).] D. May involve accusing a person of a crime or formally censuring a person; [PL 2003, c. 495, §1 (NEW).] E. May disclose information of a personal nature and that disclosure would constitute a clearly unwarranted invasion of personal privacy; [PL 2003, c. 495, §1 (NEW).] F. May disclose investigatory records compiled for law enforcement purposes; [PL 2003, c. 495, §1 (NEW).] G. May disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; [PL 2003, c. 495, §1 (NEW).] H. May disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; or [PL 2003, c. 495, §1 (NEW).] I. Specifically relates to the interstate commission's issuance of a subpoena or its participation in a civil action or proceeding. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

6. Public certification. For every meeting closed pursuant to subsection 5 , the interstate commission's chief legal officer shall publicly certify that, in the chief legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision of subsection 5 . The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and provide a full and accurate summary of any actions taken and the reasons for taking such actions, including a description of each of the views expressed on any item and the record of any vote by roll call, reflected in the vote of each member on the question. All documents considered in connection with any action must be identified in the minutes. [PL 2003, c. 495, §1 (NEW).]

7. Collect data. The interstate commission shall collect data concerning the interstate movement of offenders as directed through its bylaws and rules that must specify the data to be collected, the means of collection and data exchange and reporting requirements. [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 9873 — ME Code / Title 34-A / Chapter 9 / Section 9873
34-A §9873. Interstate Commission for Adult Offender Supervision--Article 3
Status: in_force

1. Commission created. The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers and duties set forth in this section, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. [PL 2003, c. 495, §1 (NEW).]

2. Commissioners. The interstate commission consists of commissioners selected and appointed by the state council for each state. [PL 2003, c. 495, §1 (NEW).]

3. Noncommissioner members. In addition to the commissioners who are the voting representatives of each state, the interstate commission includes individuals who are not commissioners but who are members of interested organizations. These noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission are ex officio, nonvoting members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it considers necessary. [PL 2003, c. 495, §1 (NEW).]

4. Each state entitled to one vote; quorum. Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. [PL 2003, c. 495, §1 (NEW).]

5. Meetings. The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of a majority of the members, shall call additional meetings. Public notice must be given of all meetings and meetings are open to the public. [PL 2003, c. 495, §1 (NEW).]

6. Executive committee. The interstate commission shall establish an executive committee that includes commission officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking or amendments to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and performs other duties as directed by the interstate commission or set forth in the bylaws. [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 3233 — ME Code / Title 34-A / Chapter 3 / Section 3233
34-A §3233. Prison employees
Status: in_force

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. [PL 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. [PL 1983, c. 459, §6 (NEW).] [PL 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. [PL 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. [PL 1983, c. 459, §6 (NEW).] [PL 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. [PL 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. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9402 — ME Code / Title 34-A / Chapter 9 / Section 9402
34-A §9402. Definitions--Article II
Status: in_force

As used in this compact, unless the context clearly requires otherwise: [PL 1983, c. 459, §6 (NEW).]

1. Inmate. "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution; [PL 1983, c. 459, §6 (NEW).]

2. Institution. "Institution" means any penal or correctional facility, including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates, as defined in subsection 1 , may lawfully be confined; [PL 1983, c. 459, §6 (NEW).]

3. Receiving state. "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had; [PL 1983, c. 459, §6 (NEW).]

4. Sending state. "Sending state" means a state party to this compact in which conviction or court commitment was had; and [PL 1983, c. 459, §6 (NEW).]

5. State. "State" means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3043 — ME Code / Title 34-A / Chapter 3 / Section 3043
34-A §3043. Aliens
Status: in_force

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; [PL 1983, c. 459, §6 (NEW).] B. The length of time for which the alien is admitted or committed; [PL 1983, c. 459, §6 (NEW).] C. The country of which the alien is a citizen; and [PL 1983, c. 459, §6 (NEW).] D. The date on which and the port at which the alien last entered the United States. [PL 1983, c. 459, §6 (NEW).] [PL 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; [PL 1983, c. 459, §6 (NEW).] B. The judgment and sentence; and [PL 1983, c. 459, §6 (NEW).] C. Any other record pertaining to the alien's case. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 7008 — ME Code / Title 34-B / Chapter 7 / Section 7008
34-B §7008. Hearing upon a petition to determine informed consent for sterilization
Status: in_force

1. Counsel. If the person seeking sterilization or for whom sterilization is sought requests counsel and cannot afford counsel, the court shall appoint counsel to represent that person at public expense. If the person is not represented by counsel and appears to the court unable to request counsel, the court shall order that counsel be retained or shall appoint counsel to represent the person at public expense if the person cannot afford counsel. A reasonable fee shall be set for appointed counsel by the District Court. Counsel, or the person seeking sterilization or for whom sterilization is sought, may present evidence, call witnesses and cross-examine witnesses who testify or present evidence at any hearing on the petition. [PL 1983, c. 459, §7 (NEW).]

2. Appointment of disinterested experts. For the purpose of determining a person's ability to give informed consent, the court shall appoint not less than 2 disinterested experts experienced in the field of developmental disabilities or mental health, including at least one psychologist or psychiatrist, to examine the person, to report on that examination and to testify at the hearing as to the person's competency. Other evidence regarding the person's capabilities may be introduced at the hearing by any party. [RR 2019, c. 2, Pt. B, §105 (COR).]

3. Preference of person seeking sterilization or for whom sterilization is sought. If the person seeking sterilization or for whom sterilization is sought has any preference as to a disinterested expert by whom that person would prefer to be examined, the court shall make a reasonable effort to accommodate that preference. [RR 2019, c. 2, Pt. B, §106 (COR).]

4. Person's presence at hearing. The person seeking sterilization or for whom sterilization is sought must be present at any hearing regarding the person's ability to give informed consent for sterilization, unless that right is waived by the person, personally or through the person's attorney, and that waiver is approved by the court. The court shall inquire at the time of the hearing as to the types and effects of any medications being administered to or taken by the person. [RR 2019, c. 2, Pt. B, §107 (COR).]

5. Determination that person is able to give informed consent for sterilization. If the court determines by clear and convincing evidence that the person is able to give informed consent for sterilization and that the person does consent to sterilization, it shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician and hospital involved shall also obtain the written consent of the person for sterilization. If the court determines by clear and convincing evidence that the person is able to give informed consent for sterilization, but determines that the person does not consent to sterilization, it shall issue an order so stating and forbidding sterilization of the person, unless that person later makes a different choice and only after a rehearing under this section. [PL 1983, c. 459, §7 (NEW).]

6. Determination that person is not able to give informed consent for sterilization. If the court determines that the person is not able to give informed consent for sterilization, it shall issue an order so stating and forbidding sterilization of the person, unless a determination is made under section 7013 that sterilization is in the best interest of the person. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3008 — ME Code / Title 34-B / Chapter 3 / Section 3008
34-B §3008. Sexual activity with recipient of services prohibited
Status: in_force

A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph C , with another person or subject another person to sexual contact, as defined in Title 17‑A, section 251, subsection 1, paragraph D , if the other person, not the actor's spouse, is a person with mental illness who receives therapeutic, residential or habilitative services from the organization, program or residence. [RR 2003, c. 2, §102 (COR).]
34-A M.R.S. § 5806 — ME Code / Title 34-A / Chapter 5 / Section 5806
34-A §5806. Violations of parole
Status: in_force

A probation-parole officer may arrest and charge a parolee with violation of parole and take the parolee into the probation-parole officer's custody in any place the parolee may be found and detain the parolee in any jail, pending the issuance of a parole violation warrant. The detention may not extend beyond the next business day of the office of the commissioner. In the event a warrant is not issued in that time, the parolee must be released from arrest and detention immediately. A parolee so arrested and detained does not have a right of action against the probation-parole officer or any other persons because of that arrest and detention. [PL 2025, c. 390, Pt. A, §54 (AMD).]

When a parolee violates a condition of the parolee's parole or violates the law, the commissioner may issue a warrant for the parolee's arrest. A probation-parole officer, or any other law enforcement officer within the State authorized to make arrests, may arrest the parolee on the warrant and return the parolee to the institution from which the parolee was paroled. At its next meeting at that institution, the board shall hold a hearing. The parolee is entitled to appear and be heard. If the board, after hearing, finds that the parolee has violated the parolee's parole or the law, it shall revoke the parolee's parole, set the length of time the parolee must serve of the unexpired portion of the parolee's sentence before the parolee may again be eligible for hearing by the board, and remand the parolee to the institution from which the parolee was released; except that, when a parolee from the Maine Correctional Center violates the law and is sentenced by the court to the Maine State Prison, any length of time set by the board to be served of the unexpired portion of the parolee's correctional center sentence may be served at the Maine State Prison. [PL 2025, c. 390, Pt. A, §54 (AMD).]

1. Forfeits deductions. Upon revocation of parole by the board, the prisoner forfeits any deductions for good behavior earned while on parole. [PL 1983, c. 459, §6 (NEW).]

2. May earn deductions. While serving the unexpired portion of the prisoner's sentence after parole has been revoked, the prisoner may earn deductions for good conduct. [PL 2025, c. 390, Pt. A, §54 (AMD).]

Whenever a warrant is issued under this section for the arrest of a parolee, the running of the parolee's sentence must be interrupted and must remain interrupted until the parolee is returned to the institution from which the parolee was paroled. Interruption of the running of the parolee's sentence must include any time served prior to such return, after conviction for a crime committed while on parole. [PL 2025, c. 390, Pt. A, §54 (AMD).]

In the event of the withdrawal of the warrant by authority of the commissioner, or in the event that the board at the hearing on the alleged violation finds that the parolee did not violate the conditions of the parolee's parole, or the law, the parolee must be credited with the time lost by the interruption of the running of the parolee's sentence. [PL 2025, c. 390, Pt. A, §54 (AMD).]
34-B M.R.S. § 3871 — ME Code / Title 34-B / Chapter 3 / Section 3871
34-B §3871. Discharge
Status: in_force

1. Examination. The chief administrative officer of a psychiatric hospital shall, as often as practicable, but no less often than every 30 days, examine or cause to be examined every patient to determine that patient's mental status and need for continuing hospitalization. [PL 2007, c. 319, §17 (AMD).]

2. Conditions for discharge. The chief administrative officer of a psychiatric hospital shall discharge, or cause to be discharged, any patient when: A. Conditions justifying hospitalization no longer obtain; [PL 1983, c. 459, §7 (NEW).] B. The patient is transferred to another hospital for treatment for that patient's mental or physical condition; [PL 1997, c. 422, §23 (AMD).] C. The patient is absent from the psychiatric hospital unlawfully for a period of 90 days; [PL 2007, c. 319, §17 (AMD).] D. Notice is received that the patient has been admitted to another hospital, inside or outside the State, for treatment for that patient's mental or physical condition; or [PL 1997, c. 422, §23 (AMD).] E. Although lawfully absent from the psychiatric hospital, the patient is admitted to another hospital, inside or outside the State, for treatment of that patient's mental or physical condition, except that, if the patient is directly admitted to another hospital and it is the opinion of the chief administrative officer of the psychiatric hospital that the patient will directly reenter the psychiatric hospital within the foreseeable future, the patient need not be discharged. [PL 2007, c. 319, §17 (AMD).] [PL 2007, c. 319, §17 (AMD).]

3. Discharge against medical advice. The chief administrative officer of a psychiatric hospital may discharge, or cause to be discharged, any patient even though the patient is mentally ill and appropriately hospitalized in the psychiatric hospital, if: A. The patient and either the guardian, spouse or adult next of kin of the patient request that patient's discharge; and [PL 1997, c. 422, §23 (AMD).] B. In the opinion of the chief administrative officer of the psychiatric hospital, the patient does not pose a likelihood of serious harm due to that patient's mental illness. [PL 2007, c. 319, §17 (AMD).] [PL 2007, c. 319, §17 (AMD).]

3-A. Discharge limited. A psychiatric hospital may not discharge a person committed under section 3864 solely because the person is placed in execution of a sentence in a county jail. [PL 2009, c. 281, §4 (NEW).]

4. Reports. [PL 1995, c. 496, §7 (RP).]

5. Notice. Notice of discharge is governed as follows. A. When a patient is discharged under this section, the chief administrative officer of the psychiatric hospital shall immediately make a good faith attempt to notify the following people, by telephone, personal communication or letter, that the discharge has taken or will take place: (1) The parent or guardian of a minor patient; (2) The guardian of an adult incompetent patient, if any is known; or (3) The spouse or adult next of kin of an adult competent patient, if any is known, unless the patient requests in writing that the notice not be given or unless the patient was transferred from or will be returned to a state correctional facility. If the chief administrative officer of the psychiatric hospital to which the patient is currently admitted has reason to believe that notice to any of the individuals listed in this paragraph would pose a risk of harm to the person, then notice may not be given to that individual. [PL 2007, c. 319, §17 (AMD).] B. The psychiatric hospital is not liable when good faith attempts to notify the parents, spouse or guardian have failed. [PL 2007, c. 319, §17 (AMD).] [PL 2007, c. 319, §17 (AMD).]

6. Discharge to progressive treatment program. If a person participates in the progressive treatment program under section 3873‑A , the time period of a commitment under this section terminates on entry into the progressive treatment program. [PL 2009, c. 651, §27 (AMD).]

7. Firearms and discharge planning. Discharge planning must include inquiries and documentation of those inquiries into access by the patient to firearms and notification to the patient, the patient’s family and any other caregivers that possession, ownership or control of a firearm by the person to be discharged is prohibited pursuant to Title 15, section 393, subsection 1 . As used in this subsection, "firearm" has the same meaning as in Title 17‑A, section 2, subsection 12‑A . [PL 2009, c. 451, §11 (NEW).]
34-A M.R.S. § 3040-A — ME Code / Title 34-A / Chapter 3 / Section 3040-A
34-A §3040-A. Property of deceased clients
Status: in_force

Property remaining in a correctional or detention facility as a result of a client's death is governed as follows. [PL 1991, c. 314, §47 (AMD).]

1. Payment. Except as provided in subsection 4 , if any client in the custody of the department dies, and no personal representative of the client's estate is appointed, the chief administrative officer may pay the balance of the deposits in the client's general client account and telephone call account, up to a maximum of $1,000, to the surviving spouse or next of kin in accordance with Title 18‑C, sections 2‑101 to 2‑113 , 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 Title 18‑C, sections 2‑101 to 2‑113 . [PL 2017, c. 402, Pt. C, §93 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

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. [PL 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. [PL 1991, c. 314, §47 (AMD).]

4. Alternative payment. Notwithstanding subsection 1 , upon presentation of an affidavit under Title 18‑C, section 3‑1201 , the chief administrative officer shall pay the balance of any deposit left by a decedent in the department's general client account or telephone call account and deliver the decedent's personal property to the decedent's successor under Title 18‑C, 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 accounts and the personal property remaining in the custody of the chief administrative officer at the time the affidavit is presented. [PL 2017, c. 402, Pt. C, §94 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
34-B M.R.S. § 13008 — ME Code / Title 34-B / Chapter 13 / Section 13008
34-B §13008. Rule-making authority to implement receivership law
Status: in_force

The department may adopt rules as necessary to implement this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 610, §3 (NEW).]
34-A M.R.S. § 3050 — ME Code / Title 34-A / Chapter 3 / Section 3050
34-A §3050. Report regarding juveniles in custody
Status: in_force

By February 1, 2023 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the number of juveniles in the custody of the department as juvenile detainees or juvenile clients or under department supervision on probation whose parents or primary caregivers are known to the department to be in the custody of the department or under the supervision of the department. [PL 2021, c. 620, §8 (NEW).]

Revisor's Note: §3050. Comprehensive substance use disorder treatment program (As enacted by PL 2021, c. 706, §1 is REALLOCATED TO TITLE 34-A, SECTION 3052)
34-A M.R.S. § 1214 — ME Code / Title 34-A / Chapter 1 / Section 1214
34-A §1214. Office of Victim Services
Status: in_force

1. Establishment. The Office of Victim Services, referred to in this section as the "office," is established within the department to advocate for compliance by the department, any correctional facility, any detention facility, community corrections as defined in section 1210‑E, subsection 1, paragraph A or any contract agency with all laws, administrative rules and institutional and other policies relating to the rights and dignity of victims. A. [PL 2017, c. 128, §5 (RP).] B. [PL 2017, c. 128, §5 (RP).] [PL 2023, c. 405, Pt. A, §121 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).]

2. Victim Services Coordinator. The Victim Services Coordinator shall direct and coordinate the office. A. The Victim Services Coordinator shall report only to the commissioner or the commissioner's designee. [PL 2017, c. 128, §6 (AMD).] B. The Victim Services Coordinator shall, with the approval of the commissioner or the commissioner's designee, select other victim advocates needed to carry out the intent of this section and who shall report only to the Victim Services Coordinator. [PL 2017, c. 128, §6 (AMD).] [PL 2017, c. 128, §6 (AMD).]

3. Duties. The office, through the Victim Services Coordinator and other victim advocates, shall: A. Receive or refer complaints made by victims; [PL 2001, c. 439, Pt. G, §1 (NEW).] B. Intercede on behalf of victims with officials of the department, any correctional facility, any detention facility, community corrections as defined in section 1210‑E, subsection 1, paragraph A or any contract agency or assist these persons in the resolution of victim-related issues; [PL 2023, c. 405, Pt. A, §122 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).] C. Act as an information source regarding the rights of victims and keep informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of victims and about relevant legal decisions and other developments related to the field of corrections, both in this State and in other parts of the country; [PL 2001, c. 439, Pt. G, §1 (NEW).] D. Ensure that victims who request notice of release receive it; [PL 2001, c. 439, Pt. G, §1 (NEW).] E. Assist victims who are being harassed by persons in the custody or under the supervision of the department with obtaining protection from that harassment; [PL 2001, c. 477, §2 (AMD).] F. Assist victims with obtaining victim compensation, restitution and other benefits of restorative justice; and [PL 2001, c. 477, §2 (AMD).] G. Ensure the safety of clients who are also victims by advising the commissioner of information that may place a client at risk if disclosed pursuant to Title 1, section 402, subsection 3‑A . [PL 2001, c. 477, §3 (NEW).] [PL 2023, c. 405, Pt. A, §122 (AMD); PL 2023, c. 405, Pt. A, §123 (AFF).]

4. Confidentiality. Requests for action by the office must be treated confidentially and may be disclosed only to a state agency if necessary to carry out the statutory functions of that agency or to a criminal justice agency if necessary to carry out the administration of criminal justice as defined in Title 16, section 703, subsection 1 or the administration of juvenile justice. In no case may a victim's request for notice of release be disclosed outside the department and the office of the attorney for the State with which the request was filed. [PL 2021, c. 365, §34 (AMD); PL 2021, c. 365, §37 (AFF).]

5. Report regarding domestic violence intervention programs. Beginning January 2003 and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding the work of domestic violence intervention programs. The report must include information regarding: meeting program benchmarks and goals, developing and implementing new programs, measuring effectiveness of existing programs and communicating and coordinating efforts with providers of substance use disorder services, literacy support and other services with whom persons ordered to complete a domestic violence intervention program may need to work in order to participate meaningfully in a domestic violence intervention program. [PL 2021, c. 174, §14 (AMD).] Revisor's Note: §1214. Accreditation (As enacted by PL 2001, c. 458, § 3 is REALLOCATED TO TITLE 34-A, SECTION 1215)
34-B M.R.S. § 1231 — ME Code / Title 34-B / Chapter 1 / Section 1231
34-B §1231. Self-sufficiency trust fund
Status: in_force

1. Trust established. There is created the Self-sufficiency Trust Fund. The State Treasurer, ex officio, is the custodian of the trust fund and the comptroller shall direct payments from the trust fund upon vouchers properly certified by the Commissioner of Health and Human Services. The treasurer shall credit interest on the trust fund to the trust fund and the commissioner shall allocate that interest pro rata to the respective accounts of the named beneficiaries of the trust fund. A. For the purposes of this section, the term "self-sufficiency trust" means a trust created by a nonprofit corporation which is a 501-C-3 organization under the United States Internal Revenue Code of 1954 and which was organized under the Nonprofit Corporation Act, Title 13‑B , for the purpose of providing for the care or treatment of one or more developmentally disabled persons or persons otherwise eligible for department services. [PL 1987, c. 176 (NEW).] [RR 1995, c. 2, §86 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

2. Rules. The department shall adopt these rules and procedures under the Maine Administrative Procedure Act, Title 5, chapter 375 , as may be necessary or useful for the administration of the trust fund. [PL 1987, c. 176 (NEW).]
34-A M.R.S. § 3405 — ME Code / Title 34-A / Chapter 3 / Section 3405
34-A §3405. Maine Correctional Center employees
Status: in_force

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 warden; and [PL 2013, c. 508, §3 (AMD).] B. May carry weapons and other security equipment when authorized by the warden inside and outside the center in connection with their assigned duties or training. [PL 2013, c. 508, §3 (AMD).] [PL 2013, c. 508, §3 (AMD).]

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. [PL 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. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9911 — ME Code / Title 34-A / Chapter 9 / Section 9911
34-A §9911. Withdrawal, default, termination and judicial enforcement -- Article 11
Status: in_force

1. Withdrawal. Once effective, the compact continues in force and remains binding upon each compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact. The effective date of withdrawal is the effective date of the repeal of the compact. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt of the withdrawal notice. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal. Reinstatement following withdrawal of any compacting state occurs on the withdrawing state's reenactment of the compact or upon a later date determined by the interstate commission. [PL 2003, c. 500, §1 (NEW).]

2. Default. If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties: A. Remedial training and technical assistance as directed by the interstate commission; [PL 2003, c. 500, §1 (NEW).] B. Alternative dispute resolution; [PL 2003, c. 500, §1 (NEW).] C. Fines, fees and costs in such amounts as are determined to be reasonable as fixed by the interstate commission; and [PL 2003, c. 500, §1 (NEW).] D. Suspension or termination of membership in the compact. Suspension is imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has determined that the offending state is in default. Immediate notice of suspension must be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a resolution of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state shall resolve its default. If the defaulting state fails to resolve the default within the time period specified by the interstate commission, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact are terminated from the effective date of termination. Within 60 days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature and the state council of such termination. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state's legislature and the approval of the interstate commission pursuant to the rules. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

3. Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation including reasonable attorney's fees. [PL 2003, c. 500, §1 (NEW).]

4. Dissolution of compact. The compact dissolves upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact becomes void and has no further force or effect. The business and affairs of the interstate commission must be concluded and surplus funds must be distributed in accordance with the bylaws. [PL 2003, c. 500, §1 (NEW).]
34-B M.R.S. § 3011 — ME Code / Title 34-B / Chapter 3 / Section 3011
34-B §3011. Bridging Rental Assistance Program
Status: in_force

The Bridging Rental Assistance Program is established within the department as a transitional housing voucher program. The purpose of the program is to assist persons with mental illness with housing assistance for up to 24 months or until they receive assistance from a housing voucher program administered by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8 or receive an alternative housing placement. The department shall adopt rules to carry out the purpose of the program. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2017, c. 1, §31 (COR).]
34-B M.R.S. § 1227 — ME Code / Title 34-B / Chapter 1 / Section 1227
34-B §1227. Health-related services for children from birth to 5 years of age to access education
Status: in_force

1. Services required. The department shall provide reimbursement for health-related services that are required for children from birth to 5 years of age to access their education. Health-related services may include, but are not limited to, physical therapy, occupational therapy, speech therapy, nursing services, social work services and behavioral health services. [PL 2021, c. 227, §1 (NEW).]

2. Rulemaking. The department shall adopt rules to implement this section. The rules must establish the process for reimbursement under subsection 1 and be consistent with federal law. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 227, §1 (NEW).]
34-A M.R.S. § 9871 — ME Code / Title 34-A / Chapter 9 / Section 9871
34-A §9871. Short title--Article 1
Status: in_force

This subchapter may be known and cited as the "Interstate Compact for Adult Offender Supervision." [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 3608 — ME Code / Title 34-B / Chapter 3 / Section 3608
34-B §3608. Community service networks
Status: in_force

The department shall establish and oversee community service networks with the collective responsibility to coordinate and ensure continuity of care within the delivery of mental health services to adult mental health consumers under the authority of the department. A network consists of organizations providing mental health services funded by the General Fund or Medicaid in the corresponding area specified in subsection 1‑A . The community service networks must be established and operated in accordance with standards adopted by the department to establish and operate networks. Departmental oversight includes, but is not limited to, establishing and overseeing protocols, quality assurance, writing and monitoring contracts for service, establishing outcome measures and ensuring that each network provides an integrated system of care. The department may adopt rules to carry out this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . This section may not be construed to supersede the authority of the department as the single state Medicaid agency under the Social Security Act, Title XII or to affect the professional standards and practices of nonnetwork providers. [PL 2007, c. 286, §8 (AMD).]

1. Responsibilities. Each network shall: A. Ensure 24-hour access to a consumer's community support services records for better continuity of care during a psychiatric crisis; [PL 2007, c. 286, §8 (AMD).] B. Ensure continuity, accountability and coordination regarding service delivery; [PL 1995, c. 691, §7 (NEW).] C. Participate in collection of uniform data; [PL 2007, c. 286, §8 (AMD).] D. In conjunction with the department, conduct planning activities based on data and client outcomes; [PL 2007, c. 286, §8 (AMD).] E. Develop techniques for identifying and providing services to consumers at risk, based on the principle that services will be provided as close to the consumer's home as possible; [PL 2007, c. 545, §1 (AMD).] F. Enable, among other things, the sharing of confidential client information to the extent necessary to protect the client’s health and safety when it is determined the client has an urgent need for mental health services. The network members shall share confidential client information, even without a client’s consent, to the extent necessary to protect the client’s health and safety in a period of urgent need for mental health services when the client lacks the capacity to give consent for the information sharing or when an exigency exists so that the client’s health and safety is better protected if the information is shared without a delay to obtain consent. A person or entity participating in good faith in sharing information under this paragraph is immune from civil liability that might otherwise result from these actions, including, but not limited to, a civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. The department shall adopt rules to identify the limits and requirements to be included in the memoranda. These rules are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A ; and [PL 2007, c. 545, §2 (AMD).] G. Provide consolidated mental health crisis services for children and adults, beginning March 1, 2009, through a memorandum of understanding among providers of mental health services in the network that must include provisions to ensure coordination, eliminate duplication and provide a level of crisis services established by the department. [PL 2007, c. 545, §3 (NEW).] [PL 2007, c. 545, §§1-3 (AMD).]

1-A. Areas. A community service network shall operate in each of the following geographic areas: A. Aroostook County; [PL 2007, c. 286, §8 (NEW).] B. Hancock County, Washington County, Penobscot County and Piscataquis County; [PL 2007, c. 286, §8 (NEW).] C. Kennebec County and Somerset County; [PL 2007, c. 286, §8 (NEW).] D. Knox County, Lincoln County, Sagadahoc County and Waldo County; [PL 2007, c. 286, §8 (NEW).] E. Androscoggin County, Franklin County and Oxford County; [PL 2007, c. 286, §8 (NEW).] F. Cumberland County; and [PL 2007, c. 286, §8 (NEW).] G. York County. [PL 2007, c. 286, §8 (NEW).] [PL 2007, c. 286, §8 (NEW).]

2. Accountability. [PL 2007, c. 286, §8 (RP).]

3. Public outreach. [PL 2007, c. 286, §8 (RP).]

4. Participation. [PL 2007, c. 286, §8 (RP).]

5. Data collection. The department shall collect data to assess the capacity of the community service networks, including, but not limited to, analyses of utilization of mental health services and the unmet needs of persons receiving publicly funded mental health services. [PL 2007, c. 286, §8 (AMD).]
34-B M.R.S. § 5433 — ME Code / Title 34-B / Chapter 5 / Section 5433
34-B §5433. Commissioner's powers
Status: in_force

The commissioner may: [PL 1983, c. 459, §7 (NEW).]

1. Financial aid. Allocate money for the development of group homes, capital construction, purchase of buildings, supportive services and for other activities, but only those applicants for funds whose programs provide for adequate standards of professional service qualify for funds from the department; [PL 1983, c. 459, §7 (NEW).]

2. Services and programs. Provide and help finance adult developmental services and programs throughout the State for persons with intellectual disabilities or autism spectrum disorder or related conditions residing in the community and residing in privately owned residential care facilities; [PL 2023, c. 89, §9 (AMD).]

3. Cooperation. Cooperate with other state agencies, municipalities, other governmental units, unincorporated associations and nonstock corporations in order to provide and help finance services and programs for persons with intellectual disabilities or autism; [PL 2011, c. 542, Pt. A, §97 (AMD).]

4. Available funds. Receive and use for the purpose of this article money appropriated by the State, grants by the Federal Government, gifts from individuals and money from any other sources; and [PL 1985, c. 768, §6 (AMD).]

5. Transitional services coordination. Participate with school administrative units in transition planning for each student with developmental disabilities who will be eligible for services under chapter 5 or 6 who is receiving special education services and who is 16 years of age or older, or 14 years of age if determined appropriate by the student's individualized education program team, and shall assign appropriate staff as a transition contact person and as a member of the transition planning team for each student. [PL 2011, c. 348, §10 (AMD).]
34-A M.R.S. § 5206 — ME Code / Title 34-A / Chapter 5 / Section 5206
34-A §5206. Meetings
Status: in_force

1. Chairman. The members of the board shall elect a chairman who shall preside at all meetings of the board when he is present. [PL 1983, c. 459, §6 (NEW).]

2. Frequency. The board shall meet at least once every 2 months and may meet as often as necessary, at such times and places as the chairman may designate. [PL 1983, c. 459, §6 (NEW).]

3. Quorum. Any 3 members constitute a quorum for the exercise of all powers of the board. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3104 — ME Code / Title 34-A / Chapter 3 / Section 3104
34-A §3104. Notice
Status: in_force

A correctional facility or detention facility shall inform all female prisoners and juveniles of the rules developed pursuant to section 3103 upon admission to the correctional facility or detention facility and shall include the rules in any handbook provided to female prisoners or juveniles. [PL 2015, c. 315, §4 (NEW).]
34-B M.R.S. § 5005-A — ME Code / Title 34-B / Chapter 5 / Section 5005-A
34-B §5005-A. Advocacy agency
Status: in_force

1. Agency. The department shall contract with the agency designated pursuant to Title 5, section 19502 , referred to in this section as "the agency," to provide the services described in subsection 2 to individuals with intellectual disabilities or autism. [PL 2011, c. 657, Pt. EE, §5 (NEW).]

2. Duties. The department shall contract with the agency to perform the following duties statewide in at least 5 geographically dispersed locations. A. The agency shall receive complaints made by or on behalf of individuals with intellectual disabilities or autism and represent their interests in any matter pertaining to their rights and dignity. [PL 2013, c. 310, §2 (AMD).] B. The agency shall investigate the claims, grievances and allegations of violations of the rights of individuals with intellectual disabilities or autism. [PL 2013, c. 310, §2 (AMD).] C. The agency may pursue legal, administrative and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of individuals with intellectual disabilities or autism who are or may be eligible for services administered, licensed or funded by the department, except that the agency may refuse to take action on any complaint that it considers to be trivial, to be moot or to lack merit or for which there is clearly another remedy available. [PL 2013, c. 310, §2 (AMD).] D. [PL 2013, c. 310, §2 (RP).] E. The agency may refer individuals with intellectual disabilities or autism to other agencies or entities and collaborate with those agencies or entities for the purpose of advocating for the rights and dignity of those individuals. [PL 2013, c. 310, §2 (AMD).] F. The agency shall act as an information source regarding the rights of all individuals with intellectual disabilities or autism, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of those individuals and about relevant legal decisions and other developments related to the fields of mental health, intellectual disabilities and autism, both in this State and in other parts of the country. [PL 2013, c. 310, §2 (AMD).] G. The agency may make and publish reports necessary to the performance of the duties described in this section. The agency may report its findings to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press. At least annually, the agency shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the department regarding the performance of the duties described in this section. [PL 2013, c. 310, §2 (AMD).] H. The agency may monitor the delivery of services, supports and other assistance or residential services or treatment provided to persons with intellectual disabilities or autism for the purpose of ensuring that services, supports and assistance meet the needs of those persons and are delivered in conformity with laws, regulations, rules and other standards regarding quality of care. [PL 2013, c. 310, §2 (NEW).] [PL 2013, c. 310, §2 (AMD).]

3. Participate in personal planning. The agency may participate in personal planning when the agency has concerns regarding the rights or dignity of a person with intellectual disabilities or autism. A person has the right to refuse such participation. [PL 2011, c. 657, Pt. EE, §5 (NEW).]

4. Access to files and records. The agency has access, limited only by the civil service law, to the files, records and personnel of any provider of services, including the files and records of any person with an intellectual disability or autism held by any provider of service, administered, licensed or funded by the department and to all reports and related documents submitted pursuant to section 5604‑A . [PL 2013, c. 310, §3 (AMD).]

4-A. Access to individuals. The agency has access to individuals pursuant to Title 5, section 19506 . [PL 2013, c. 310, §4 (NEW).]

5. Confidentiality. The following provisions govern confidentiality. A. Any request by or on behalf of an individual with intellectual disabilities or autism for action by the agency and all written records or accounts related to the request are confidential as to the identity of the individual. [PL 2011, c. 657, Pt. EE, §5 (NEW).] B. The records and accounts under paragraph A may be released only as provided by law. [PL 2011, c. 657, Pt. EE, §5 (NEW).] C. Records maintained by the agency are the sole property of the individual with intellectual disabilities or autism to whom the records pertain and the agency shall protect the records from loss, damage, tampering or use by unauthorized individuals. The agency shall keep the records confidential and may not release them without written consent from the individual with intellectual disabilities or autism or the individual's guardian. [PL 2013, c. 310, §5 (NEW).] [PL 2013, c. 310, §5 (AMD).]
34-B M.R.S. § 3604 — ME Code / Title 34-B / Chapter 3 / Section 3604
34-B §3604. Commissioner's powers
Status: in_force

1. Provision of services. The commissioner may provide mental health services throughout the State and for that purpose may cooperate with other state agencies, municipalities, persons, unincorporated associations and nonstock corporations. [PL 1983, c. 459, §7 (NEW).]

2. Funding sources. The commissioner may receive and use for the purpose of this subchapter money appropriated by the State, grants by the Federal Government, gifts from individuals and gifts from any other sources. [PL 1983, c. 459, §7 (NEW).]

3. Grants. The commissioner may make grants of funds to any state or local governmental unit, or branch of a governmental unit, or to a person, unincorporated association or nonstock corporation, which applies for the funds, to be used in the conduct of its mental health services. A. The programs administered by the person or entity shall provide for adequate standards of professional services in accordance with state statutes. [PL 1983, c. 580, §8 (RPR).] B. The commissioner may require the person or entity applying for funds to produce evidence that appropriate local, governmental and other funding sources have been sought to assist in the financing of its mental health services. [PL 1983, c. 580, §8 (RPR).] C. After negotiation with the person or entity applying for funds, the commissioner may execute a contract or agreement for the provision of mental health services which reflects the commitment by the person or entity of local, governmental and other funds to assist in the financing of its mental health services. [PL 1983, c. 580, §8 (NEW).] D. Beyond the commissioner's assuring through program monitoring and auditing activities that an equitable distribution of the funds committed by contract or agreement to assist in the financing of mental health services are actually provided, it shall be the prerogative of the person or entity providing services to apportion other nonstate funds in an appropriate manner in accordance with its priorities, service contracts and applicable provisions of law. [PL 1983, c. 580, §8 (NEW).] E. Any new contract must be awarded through a request-for-proposal procedure and any contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal procedure at least every 8 years, except for the following. (1) A renewal contract with a provider is not subject to the request-for-proposal procedure requirement if the contract granted under this subsection is performance based. (2) Notwithstanding subparagraph (1), the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph G . [PL 1997, c. 381, §2 (AMD).] F. The commissioner shall establish a procedure to obtain assistance and advice from consumers of mental health services regarding the selection of contractors when requests for proposals are issued. [PL 1991, c. 452, §1 (NEW).] G. A contract under this subsection that is subject to renewal must be awarded through a request-for-proposal procedure if the department determines that: (1) The provider has breached the existing contract; (2) The provider has failed to correct deficiencies cited by the department; (3) The provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or (4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department. [PL 1993, c. 624, §2 (NEW).] [PL 1997, c. 381, §2 (AMD).]

4. Cooperative planning required; grant recipients and correctional authorities. As a condition for receipt of state mental health funding, providers of community mental health services to persons with serious mental illness shall develop with state and local correctional authorities cooperative plans for the provision of services to those persons. These plans must include at least the following: A. Procedures for timely referral of persons with serious mental illness to community-based mental health services; [PL 1995, c. 431, §3 (NEW).] B. Provision for the treatment and support of persons with serious mental illness in correctional facilities and commitment of funds within available resources; and [PL 1995, c. 431, §3 (NEW).] C. Procedures for referrals of individuals with serious mental illness to local providers of comprehensive mental health services following release from correctional facilities, including mechanisms for developing comprehensive treatment plans before the release from correctional facilities of persons with serious mental illness. [PL 1995, c. 431, §3 (NEW).] Providers of community mental health services and other public providers of comprehensive services to persons with serious mental illness that fail to participate in the development of plans to serve this population are not eligible for state funding for the provision of mental health services. [PL 1995, c. 431, §3 (NEW).]

5. Exclusion. Beginning October 1, 1996, an entity that applies for the award or renewal of a grant or contract for the provision of mental health services must be a participating member of the community service network, as established in section 3608 , for the region of the State subject to that grant or contract. [PL 2013, c. 132, §2 (AMD).]
34-A M.R.S. § 11403 — ME Code / Title 34-A / Chapter 19 / Section 11403
34-A §11403. Duties; powers
Status: in_force

1. Consultation. The commission shall consult with experts in the field of sex offender matters, including but not limited to state or federal agencies, courts, correctional facilities, organizations whose affairs pertain to sex offender matters and other interested parties as the commission determines necessary. [PL 2015, c. 86, §4 (NEW).]

2. Recommendations. The commission may study and make policy recommendations regarding sex offender risk assessment and management to agencies of the executive branch, the judicial branch and the Legislature or to any other entity the commission determines appropriate. [PL 2015, c. 86, §4 (NEW).]

3. Review laws; legislation. The commission shall examine the sex offender registration and notification laws and any other state laws pertaining to sex offender risk assessment and management and may submit to the Legislature, at the start of each legislative session, such changes to those laws as the commission determines appropriate. [PL 2015, c. 86, §4 (NEW).]

4. Funding. The commission may accept funds from the Federal Government, from a political subdivision of the State or from an individual, foundation or corporation and may expend these funds for purposes that are consistent with this section. [PL 2015, c. 86, §4 (NEW).]
34-A M.R.S. § 1208-A — ME Code / Title 34-A / Chapter 1 / Section 1208-A
34-A §1208-A. Standards for additional accommodations
Status: in_force

The commissioner shall establish standards for facilities not covered by section 1208 that are used to house county prisoners, including secure detention facilities as defined in Title 15, section 3003, subsection 24‑A and temporary holding resources as defined in Title 15, section 3003, subsection 26 and has the same power to determine compliance with and enforce those standards as provided under section 1208 . [PL 2007, c. 102, §7 (AMD).]
34-B M.R.S. § 3873-A — ME Code / Title 34-B / Chapter 3 / Section 3873-A
34-B §3873-A. Progressive treatment program
Status: in_force

1. Application. The superintendent or chief administrative officer of a psychiatric hospital, the commissioner, the director of an ACT team, a medical practitioner, a law enforcement officer or the legal guardian of the patient who is the subject of the application may obtain an order from the District Court to admit a patient to a progressive treatment program upon the following conditions: A. The patient suffers from a severe and persistent mental illness; [PL 2009, c. 651, §29 (NEW).] B. The patient poses a likelihood of serious harm; [PL 2009, c. 651, §29 (NEW).] C. The patient has the benefit of a suitable individualized treatment plan; [PL 2009, c. 651, §29 (NEW).] D. Licensed and qualified community providers are available to support the treatment plan; [PL 2011, c. 492, §1 (AMD).] E. The patient is unlikely to follow the treatment plan voluntarily; [PL 2009, c. 651, §29 (NEW).] F. Court-ordered compliance will help to protect the patient from interruptions in treatment, relapses or deterioration of mental health; and [PL 2009, c. 651, §29 (NEW).] G. Compliance will enable the patient to survive more safely in a community setting without posing a likelihood of serious harm. [PL 2009, c. 651, §29 (NEW).] [PL 2011, c. 492, §1 (AMD).]

2. Contents of the application. The application must be accompanied by a certificate of a medical practitioner providing the facts and opinions necessary to support the application. The certificate must indicate that the examiner's opinions are based on one or more recent examinations of the patient or upon the examiner's recent personal treatment of the patient. Opinions of the examiner may be based on personal observation and must include a consideration of history and information from other sources considered reliable by the examiner when such sources are available. The application must include a proposed individualized treatment plan and identify one or more licensed and qualified community providers willing to support the plan. The applicant must also provide a written statement certifying that a copy of the application and the accompanying documents have been given personally to the patient and that the patient and the patient's guardian or next of kin, if any, have been notified of: A. The patient's right to retain an attorney or to have an attorney appointed; [PL 2009, c. 651, §29 (NEW).] B. The patient's right to select or to have the patient's attorney select an independent examiner; and [PL 2009, c. 651, §29 (NEW).] C. How to contact the District Court. [PL 2009, c. 651, §29 (NEW).] [PL 2011, c. 492, §1 (AMD).]

3. Notice of hearing. Upon receipt by the District Court of the application or any motion relating to the application, the court shall cause written notice of hearing to be mailed within 2 days to the applicant, to the patient and to the following persons if known: to anyone serving as the patient's guardian and to the patient's spouse, a parent or an adult child, if any. If no immediate relatives are known or can be located, notice must be mailed to a person identified as the patient's next of kin or a friend, if any are known. If the applicant has reason to believe that notice to any individual would pose risk of harm to the patient, notice to that individual may not be given. A docket entry is sufficient evidence that notice under this subsection has been given. If the patient is not hospitalized, the applicant shall serve the notice of hearing upon the patient personally and provide proof of service to the court. [PL 2011, c. 492, §1 (AMD).]

4. Examinations. Examinations under this section are governed as follows. A. Upon receipt by the District Court of the application and the accompanying documents specified in subsection 1 and at least 3 days after the person who is the subject of the examination is notified by the applicant of the proceedings and of that person's right to retain counsel or to select an examiner, the court shall cause the person to be examined by a medical practitioner. If the person under examination or the counsel for that person selects a qualified examiner who is reasonably available, the court shall give preference to choosing that examiner. [PL 2009, c. 651, §29 (NEW).] B. The examination must be held at a psychiatric hospital, a crisis center, an ACT team facility or at another suitable place not likely to have a harmful effect on the mental health of the patient. [PL 2009, c. 651, §29 (NEW).] C. The examiner shall report to the court on: (1) Whether the patient is a mentally ill person within the meaning of section 3801, subsection 5 ; (2) Whether the patient is suffering from a severe and persistent mental illness within the meaning of section 3801, subsection 8‑A ; and (3) Whether the patient poses a likelihood of serious harm within the meaning of section 3801, subsection 4‑A . [PL 2009, c. 651, §29 (NEW).] [PL 2009, c. 651, §29 (NEW).]

5. Hearings. Hearings under this section are governed as follows. A. The District Court shall hold a hearing on the application or any subsequent motion not later than 14 days from the date when the application or motion is filed. For good cause shown, on a motion by any party or by the court on its own motion, the hearing may be continued for a period not to exceed 21 additional days. If the hearing is not held within the time specified, or within the specified continuance period, the court shall dismiss the application or motion. In computing the time periods set forth in this paragraph, the Maine Rules of Civil Procedure apply. [PL 2009, c. 651, §29 (NEW).] A-1. Prior to the commencement of the hearing, the court shall inform the patient that, if an order is entered that includes a prohibition on the possession of dangerous weapons, that patient is a prohibited person and may not possess or have under that patient's control a firearm pursuant to Title 15, section 393, subsection 1 . [PL 2019, c. 411, Pt. B, §1 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).] B. The hearing must be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to harm the mental health of the patient. The applicant shall transport the patient to and from the place of hearing. If the patient is released following the hearing, the patient must be transported to the patient's place of residence if the patient so requests. [PL 2009, c. 651, §29 (NEW).] C. The court shall conduct the hearing in accordance with accepted rules of evidence. The patient, the applicant and all other persons to whom notice is required to be sent must be afforded an opportunity to appear at the hearing to testify and to present and cross-examine witnesses. The court may, in its discretion, receive the testimony of any other person and may subpoena any witness. [PL 2009, c. 651, §29 (NEW).] D. The patient must be afforded an opportunity to be represented by counsel, and, if neither the patient nor others provide counsel, the court shall appoint counsel for the patient. [PL 2009, c. 651, §29 (NEW).] E. At the time of hearing, the applicant shall submit to the court expert testimony to support the application and to describe the proposed individual treatment plan. The applicant shall bear the expense of providing witnesses for this purpose. [PL 2009, c. 651, §29 (NEW).] F. The court may consider, but is not bound by, an advance directive or durable power of attorney executed by the patient and may receive testimony from the patient's guardian or attorney in fact. [PL 2009, c. 651, §29 (NEW).] G. A stenographic or electronic record must be made of the proceedings. The record and all notes, exhibits and other evidence are confidential and must be retained as part of the District Court records for a period of 2 years from the date of the hearing. [PL 2009, c. 651, §29 (NEW).] H. The hearing is confidential and a report of the proceedings may not be released to the public or press, except by permission of the patient or the patient's counsel and with approval of the presiding District Court Judge, except that the court may order a public hearing on the request of the patient or patient's counsel. [PL 2009, c. 651, §29 (NEW).] I. Except as provided in this subsection, the provisions of section 3864, subsections 10 and 11 apply to expenses and the right of appeal. [PL 2009, c. 651, §29 (NEW).] [PL 2019, c. 411, Pt. B, §1 (AMD); PL 2019, c. 411, Pt. D, §3 (AFF).]

6. Order. After notice, examination and hearing, the court may issue an order effective for a period of up to 12 months directing the patient to follow an individualized treatment plan and identifying incentives for compliance and potential consequences for noncompliance. [PL 2009, c. 651, §29 (NEW).]

7. Compliance. To ensure compliance with the treatment plan, the court may: A. Order that the patient be committed to the care and supervision of an ACT team or other outpatient facility with such restrictions or conditions as may be reasonable and necessary to ensure plan compliance; [PL 2009, c. 651, §29 (NEW).] B. Endorse an application for admission to a psychiatric hospital under section 3863 conditioned on receiving a certificate from a medical practitioner that the patient has failed to comply with an essential requirement of the treatment plan; and [PL 2011, c. 541, §3 (AMD).] C. Order that any present or conditional restrictions on the patient's liberty or control over the patient's assets or affairs be suspended or ended upon achievement of the designated goals under the treatment plan. [PL 2009, c. 651, §29 (NEW).] [PL 2011, c. 541, §3 (AMD).]

7-A. Dangerous weapons. If the court directs a patient to follow an individualized treatment plan pursuant to subsection 6 , the court may prohibit the patient from possessing a dangerous weapon as described in Title 17‑A, section 2, subsection 9, paragraph C , including a firearm as defined in Title 17‑A, section 2, subsection 12‑A , for the duration of the treatment plan. If the court prohibits the patient from possessing a dangerous weapon, the court shall specify the type of weapon the patient is prohibited from possessing; notify the patient that possession of such a weapon by the person is prohibited pursuant to Title 15, section 393 ; and direct the patient to relinquish, within 24 hours after service of the order on the patient or such earlier time as the court specifies in the order, such weapons in the possession of the patient to a law enforcement officer for the duration of the order. The duties and liability of a law enforcement agency with respect to dangerous weapons surrendered pursuant to this subsection are governed by Title 25, section 2804‑C, subsection 2‑C . [PL 2019, c. 411, Pt. B, §2 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]

7-B. Transmission of abstract of court ruling to Department of Public Safety. Notwithstanding any other provision of this section or section 1207 , a court shall electronically update or transmit to the Department of Public Safety an abstract of the order issued by the court pursuant to this section that includes a prohibition on the possession of a dangerous weapon pursuant to subsection 7‑A . Implementation of this requirement is governed by section 3862‑A, subsection 6, paragraph D , subparagraph (5). [PL 2019, c. 411, Pt. B, §2 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]

8. Consequences. In addition to any conditional remedies contained in the court's order, if the patient fails to comply with the treatment plan, the applicant may file with the court a motion for enforcement supported by a certificate from a medical practitioner identifying the circumstances of noncompliance. If after notice and hearing the court finds that the patient has been noncompliant and that the patient presents a likelihood of serious harm, the court may authorize emergency hospitalization under section 3863 if the practitioner's certificate supporting the motion complies with section 3863, subsection 2 . Nothing in this section precludes the use of protective custody by law enforcement officers under section 3862 . [PL 2009, c. 651, §29 (NEW).]

9. Motion to dissolve, modify or extend. For good cause shown, any party to the application may move to dissolve or modify an order or to extend the term of the treatment plan for an additional term of up to one year. [PL 2009, c. 651, §29 (NEW).]

10. Limitation. [PL 2011, c. 492, §2 (RP).]
34-B M.R.S. § 5464 — ME Code / Title 34-B / Chapter 5 / Section 5464
34-B §5464. Correspondence and reports
Status: in_force

The commissioner shall provide the client, if the client is competent, the client's next of kin or legal guardian, if any exists, and the client's advocate with access to copies of correspondence and reports concerning the client, in accordance with section 1207 . [PL 1987, c. 769, Pt. A, §128 (AMD).]
34-B M.R.S. § 7009 — ME Code / Title 34-B / Chapter 7 / Section 7009
34-B §7009. Limitations
Status: in_force

1. Consent not to be a condition for exercise of any right, privilege or freedom. Consent to sterilization may not be made a condition for release from or confinement in any institution nor shall it be made a condition for the exercise of any right, privilege or freedom, nor shall it be made a condition for receiving any form of public assistance, nor as a prerequisite for any other service. The consent shall be free from express or implied inducements or constraints. [PL 1983, c. 459, §7 (NEW).]

2. Guarantees and limitations to be given to person to be sterilized. The guarantees and limitations provided in this section shall be communicated to the person seeking sterilization or for whom sterilization is sought by the court prior to issuing an order under section 7008 . These guarantees and limitations shall also appear prominently at the top of the consent document used by a physician or hospital to obtain written consent for sterilization. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3032 — ME Code / Title 34-A / Chapter 3 / Section 3032
34-A §3032. Disciplinary action
Status: in_force

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. [PL 1991, c. 314, §36 (AMD).]

1. Fairness and equity. The rules shall ensure the maintenance of a high standard of fairness and equity. [PL 1983, c. 459, §6 (NEW).]

2. Corporal punishment. Corporal punishment may not be imposed. [PL 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. [PL 1983, c. 459, §6 (NEW).] B. The prisoner shall be provided with a sufficient quantity of wholesome and nutritious food. [PL 1983, c. 459, §6 (NEW).] C. Adequate sanitary and other conditions required for the health of the prisoner shall be maintained. [PL 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. [PL 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. [PL 1983, c. 459, §6 (NEW).] [PL 1999, c. 583, §9 (AMD).]

4. Withdrawal of deductions. All punishments involving deductions subject to being withdrawn must be first approved by the chief administrative officer. [PL 2019, c. 113, Pt. C, §87 (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. [PL 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. [PL 1999, c. 583, §11 (AMD).] [PL 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 receives money from any source shall pay 25% of that money to the facility where the destruction or 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. Money received by the prisoner or juvenile and directly deposited into a telephone call account established by the department for the sole purpose of paying for use of the department's client telephone system is not subject to this paragraph, except that 25% of any money received by the prisoner or juvenile and transferred from the telephone call account to the department's general client account at the time of the prisoner's or juvenile's discharge or transfer to supervised community confinement or community reintegration status must be collected and disbursed as provided in this paragraph. Money received by the prisoner or juvenile as a credit improvement loan in accordance with section 3039, subsection 6 is not subject to this paragraph. [PL 2025, c. 6, §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 receives money from any 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. Money received by the prisoner or juvenile and directly deposited into a telephone call account established by the department for the sole purpose of paying for use of the department's client telephone system is not subject to this paragraph, except that 25% of any money received by the prisoner or juvenile and transferred from the telephone call account to the department's general client account at the time of the prisoner's or juvenile's discharge or transfer to supervised community confinement or community reintegration status must be collected and disbursed as provided in this paragraph. Money received by the prisoner or juvenile as a credit improvement loan in accordance with section 3039, subsection 6 is not subject to this paragraph. [PL 2025, c. 6, §3 (AMD).] 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. [PL 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. [PL 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. [PL 1995, c. 197, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 2025, c. 6, §§2, 3 (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 receives money from any source 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. Money received by the prisoner and directly deposited into a telephone call account established by the department for the sole purpose of paying for use of the department's client telephone system is not subject to this paragraph, except that 25% of any money received by the prisoner and transferred from the telephone call account to the department's general client account at the time of the prisoner's discharge or transfer to supervised community confinement must be collected and disbursed as provided in this paragraph. Money received by the prisoner as a credit improvement loan in accordance with section 3039, subsection 6 is not subject to this paragraph. [PL 2025, c. 6, §4 (AMD).] 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. [PL 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. [PL 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. [PL 2005, c. 329, §8 (NEW).] [PL 2025, c. 6, §4 (AMD).]

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. [PL 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. [PL 1991, c. 314, §39 (AMD).] C. The client is entitled to present evidence on the client's behalf. [PL 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. [PL 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. [PL 1991, c. 314, §39 (AMD).] F. The client is entitled to be represented by counsel substitute as prescribed in the rules. [PL 1991, c. 314, §39 (AMD).] G. A record must be maintained of all disciplinary complaints, hearings, proceedings and dispositions. [PL 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. [PL 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. [PL 1991, c. 314, §39 (AMD).] [PL 2005, c. 329, §9 (AMD).]
34-A M.R.S. § 11272 — ME Code / Title 34-A / Chapter 17 / Section 11272
34-A §11272. Application
Status: in_force

This chapter applies to: [PL 2011, c. 663, §3 (NEW).]

1. Maine. A person who commits criminal conduct and is sentenced in this State on or after January 1, 2013 as an adult or as a juvenile sentenced as an adult for that criminal conduct and that criminal conduct is a Tier I offense, Tier II offense or Tier III offense; and [PL 2011, c. 663, §3 (NEW).]

2. Other jurisdictions. A person who commits criminal conduct and is sentenced in another jurisdiction for that criminal conduct on or after January 1, 2013 as an adult or as a juvenile sentenced as an adult: A. For an offense that requires registration in the jurisdiction of conviction pursuant to that jurisdiction's sex offender registration laws or that would have required registration had the person remained there; [PL 2011, c. 663, §3 (NEW).] B. For an offense that contains the essential elements of a Tier I offense, Tier II offense or Tier III offense; or [PL 2011, c. 663, §3 (NEW).] C. For a military, tribal or federal offense requiring registration pursuant to: (1) The federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 170101 of the federal Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, as amended; or (2) The federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]
34-B M.R.S. § 1221 — ME Code / Title 34-B / Chapter 1 / Section 1221
34-B §1221. Plans for the homeless
Status: in_force

The regional housing coordinator for each region shall convene a working group annually to develop a plan that states how mental health or substance use disorder services needed by individuals using homeless shelters will be provided. Each working group shall submit a plan annually to the community service network established pursuant to section 3608 . The community service network shall review the plan and submit it, with any suggested changes, to the Statewide Homeless Council, established pursuant to Title 30‑A, section 5046 . [PL 2017, c. 407, Pt. A, §157 (AMD).]

1. Working group. The working group in each region consists of the following members: A. Representatives of homeless shelter operators that receive shelter operating subsidy funds from the Housing Opportunities for Maine Fund designated by the Maine State Housing Authority; [PL 1997, c. 643, Pt. XX, §4 (NEW).] B. Representatives of mental health provider agencies designated by the department; [PL 1997, c. 643, Pt. XX, §4 (NEW).] C. Representatives of providers of substance use disorder services designated by the department; [PL 2017, c. 407, Pt. A, §158 (AMD).] D. The regional housing coordinators; and [PL 1997, c. 643, Pt. XX, §4 (NEW).] E. Representatives of the boards of directors of the entities listed in paragraphs A , B and C designated by the boards of directors. [PL 1997, c. 643, Pt. XX, §4 (NEW).] [PL 2017, c. 407, Pt. A, §158 (AMD).]

2. Plan contents. Each plan must be designed to meet local needs and must include, but is not limited to, the following components: A. An overview of local service area needs; [PL 1997, c. 643, Pt. XX, §4 (NEW).] B. A review of the factors that lead to homelessness, the barriers to permanent housing and the clinical needs of individuals using homeless shelters based upon discussions with those persons; and [PL 1997, c. 643, Pt. XX, §4 (NEW).] C. Procedures for referrals, treatment planning, information sharing, clinical services, training for shelter and mental health services providers and determining consumer satisfaction with shelter services and mental health services. [PL 1997, c. 643, Pt. XX, §4 (NEW).] [PL 1997, c. 643, Pt. XX, §4 (NEW).]
34-B M.R.S. § 5608 — ME Code / Title 34-B / Chapter 5 / Section 5608
34-B §5608. Residential council
Status: in_force

Upon request of a person receiving services, a residential provider shall offer an opportunity to a person receiving services from the provider to organize a residential council to hear the views and represent the interests of persons receiving services from the provider. [PL 2011, c. 186, Pt. A, §36 (AMD).]

1. Composition. The residential council of the persons receiving services must be composed of residents elected by other residents. The residential council may include allies elected by the residents. [PL 2011, c. 186, Pt. A, §36 (AMD).]

2. Duties. The residential council shall work closely with the department and the advocacy agency designated pursuant to Title 5, section 19502 to promote the interests and welfare of all persons receiving services from the provider. [PL 2011, c. 657, Pt. EE, §12 (AMD).]
34-B M.R.S. § 1953 — ME Code / Title 34-B / Chapter 1 / Section 1953
34-B §1953. Restraint and seclusion debriefing policy
Status: in_force

All institutions must develop a policy for a debriefing of a client who was the subject of restraint or seclusion. The policy may not prevent a legally responsible parent, guardian or designated representative from attending the debriefing. [PL 2015, c. 266, §1 (NEW).]
34-A M.R.S. § 5201 — ME Code / Title 34-A / Chapter 5 / Section 5201
34-A §5201. Establishment
Status: in_force

There is established, by Title 5, section 12004-G, subsection 7 , within the Department of Corrections, a State Parole Board consisting of 5 members. [PL 1989, c. 503, Pt. B, §160 (AMD).]
34-A M.R.S. § 5801 — ME Code / Title 34-A / Chapter 5 / Section 5801
34-A §5801. Applicability
Status: in_force

This subchapter applies only to those persons in the custody of the Department of Corrections pursuant to a sentence imposed under the law in effect prior to May 1, 1976. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9210 — ME Code / Title 34-A / Chapter 9 / Section 9210
34-A §9210. Construction and severability--Article X
Status: in_force

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11287 — ME Code / Title 34-A / Chapter 17 / Section 11287
34-A §11287. Fee
Status: in_force

The bureau may charge a $25 annual fee to persons required to register under this chapter. Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration. [PL 2011, c. 663, §3 (NEW).]

The fee must be credited to the General Fund and the Highway Fund in an amount consistent with budgeted appropriations and allocations in the fiscal year of the credit. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 9604 — ME Code / Title 34-A / Chapter 9 / Section 9604
34-A §9604. Temporary custody--Article IV
Status: in_force

1. Request. The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V, subsection 1, upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request, and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner. [PL 1983, c. 459, §6 (NEW).]

2. Certificate. Upon receipt of the officer's written request as provided in subsection 1 , the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the total of deductions received and retained, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. [PL 2019, c. 113, Pt. C, §105 (AMD).]

3. Time of trial. In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but, 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. [PL 1983, c. 459, §6 (NEW).]

4. Legality of delivery. Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in subsection 1 , but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. [PL 1983, c. 459, §6 (NEW).]

5. Order dismissing. If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V, subsection 5 , such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11286 — ME Code / Title 34-A / Chapter 17 / Section 11286
34-A §11286. Duty of person traveling beyond the jurisdiction of the United States
Status: in_force

An offender shall notify the bureau at least 21 days prior to travel beyond the jurisdiction of the United States. The offender shall provide the bureau with information about the date of departure from and return to the United States and the destination beyond the jurisdiction of the United States. [PL 2011, c. 663, §3 (NEW).]
34-B M.R.S. § 3911 — ME Code / Title 34-B / Chapter 3 / Section 3911
34-B §3911. Mental health case management services for veterans
Status: in_force

The department shall provide contracted case management services to provide necessary mental health treatment to veterans who are residents of the State. Case management services must include assisting veterans in accessing a range of mental and behavioral health services, which must include inpatient mental health care services as clinically required. The department, with the assistance of the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services, referred to in this subchapter as "the bureau," shall identify regions of the State where case management services are most needed and identify veterans seeking case management services who are enrolled with the United States Department of Veterans Affairs and those who would likely be eligible to be enrolled. [PL 2021, c. 430, §2 (NEW).]

1. Coordination. The department, with the assistance of the bureau, shall seek to coordinate services with the United States Department of Veterans Affairs and state agencies that offer mental health care services or provide assistance to veterans. [PL 2021, c. 430, §2 (NEW).]

2. Regional contracts. The department may enter into regional contracts, including a contract with a provider that has experience providing services in the northern part of the State, for the purpose of ensuring a statewide network of case management that provides coordinated mental health care services for veterans living in the State, including, but not limited to, inpatient treatment as clinically required. Contracted providers shall, at a minimum, connect each individual referred to the provider for case management services with a veteran service officer at the bureau, who shall assist the individual in accessing the state and federal veterans benefits to which the individual may be entitled. [PL 2021, c. 430, §2 (NEW).]

3. Eligibility. An individual who served in the Armed Forces of the United States and meets the definition of "veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is currently serving in the Maine Army National Guard or Air National Guard or the Reserves of the Armed Forces of the United States is eligible to receive services under this subchapter. The character of a veteran's discharge from service is not a disqualifying eligibility criterion to receive services under this subchapter. A veteran who has received a mental health diagnosis or mental health disability rating from the United States Department of Veterans Affairs is eligible to receive services under this subchapter. A veteran who is not enrolled with the United States Department of Veterans Affairs who is determined to require mental health care services by a licensed mental health professional may be considered eligible for case management and other behavioral health services under this subchapter based on the individual needs of the veteran. The department, with the assistance of the bureau, shall establish criteria to determine eligibility for case management services to be provided under this subchapter. [PL 2021, c. 430, §2 (NEW).]

4. Enrollment. The bureau shall work to assist veterans receiving case management services under this subchapter who are not enrolled with the United States Department of Veterans Affairs to determine eligibility and to assist with those veterans' enrollment and with filing claims to the United States Department of Veterans Affairs. [PL 2021, c. 430, §2 (NEW).]

5. Cultural competency. Case management and mental health professionals selected to provide services pursuant to this subchapter must demonstrate familiarity with military and veteran culture. [PL 2021, c. 430, §2 (NEW).]

6. Data collection. All veterans receiving case management and mental health services under this subchapter must be accounted for in department and bureau data collections. [PL 2021, c. 430, §2 (NEW).]

7. Department report. The department, in consultation with the bureau, shall prepare a written report of the services provided under this subchapter and make any recommendations regarding its provision of services under this subchapter to the joint standing committee of the Legislature having jurisdiction over veterans affairs by February 1st annually. [PL 2021, c. 430, §2 (NEW).]
34-B M.R.S. § 5437 — ME Code / Title 34-B / Chapter 5 / Section 5437
34-B §5437. Contingency fund
Status: in_force

The department shall establish a contingency fund for use by persons with intellectual disabilities or autism who qualify for services under this chapter. This fund must be used in accordance with the following provisions. [PL 2021, c. 187, §1 (AMD).]

1. Approval of disbursements. Disbursements must be approved by the commissioner or the commissioner's designee. [PL 1993, c. 410, Pt. CCC, §38 (AMD).]

2. List of approved usages. The commissioner or the commissioner's designee and representatives of community-based facilities shall develop a list of approved usages of contingency funds. [PL 1993, c. 410, Pt. CCC, §38 (AMD).]

3. Approved usages; including. Approved usages of contingency funds include, but are not limited to, the following: A. Payment for special client assessment and treatment services not reimbursed through the principles of reimbursement for intermediate care facilities for persons with intellectual disabilities or autism; [PL 2011, c. 542, Pt. A, §102 (AMD).] B. Payment for special client needs, such as eyeglasses and wheelchairs and nonreimbursable medications; or [PL 1985, c. 486, §2 (NEW).] C. Payment for special staff needs to ensure appropriate client treatment. [PL 1985, c. 486, §2 (NEW).] [PL 2011, c. 542, Pt. A, §102 (AMD).]

4. Disbursement not to be approved. A disbursement for client needs may not be approved for any service or activity not recommended by a planning team or necessary to comply with regulations. A disbursement may not be made unless evidence is provided that the expense is not reimbursable by the Medicaid Program. It is the intent of the Legislature that the contingency fund established in this section be the funding source of last resort. [PL 2003, c. 389, §1 (AMD).]
34-A M.R.S. § 11283 — ME Code / Title 34-A / Chapter 17 / Section 11283
34-A §11283. Duty of person establishing domicile or residence in this State to register
Status: in_force

A person who has been sentenced for a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151 or in a jurisdiction other than this State who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in the jurisdiction or, if not so required, who has been sentenced for an offense that includes the essential elements of a Tier I, Tier II or Tier III offense shall register as a Tier I registrant, a Tier II registrant or a Tier III registrant, whichever is applicable, within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours of establishing domicile or residence in this State. The person shall contact the bureau, which shall provide the person with the registration form and direct the person to take the form and a current photograph of the person to the law enforcement agency having jurisdiction. The law enforcement agency shall supervise the completion of the form, take the person's fingerprints and immediately forward the form, photograph and fingerprints to the bureau. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 5807 — ME Code / Title 34-A / Chapter 5 / Section 5807
34-A §5807. Sentence for crime committed by parolee
Status: in_force

Any parolee who commits an offense while on parole where the offense is punishable by imprisonment for one year or more and who is sentenced to the Department of Corrections shall serve the 2nd sentence beginning on the date of termination of the first sentence, unless the first sentence is otherwise terminated by the board. [PL 1985, c. 203 (AMD).]
34-A M.R.S. § 3015 — ME Code / Title 34-A / Chapter 3 / Section 3015
34-A §3015. Telephone services in Department of Corrections facilities
Status: in_force

Beginning October 1, 2022, the department and a service provider that contracts with the department to provide telephone services for residents of a department facility shall provide telephone services in accordance with this section. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department facility" means a detention facility or correctional facility. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] B. "Resident" means a person who resides in a department facility. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] C. "Service provider" means an entity that provides telephone services by contract with the department through which a resident initiates outgoing telephone calls from a department facility. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).]

2. Resident right to make telephone calls. The department shall provide a resident with a reasonable opportunity to make interstate and intrastate telephone calls in accordance with departmental policies and institutional procedures and in accordance with the following. A. The department shall provide a resident with a reasonable opportunity to make telephone calls to relatives and friends, except that the department may restrict or prohibit telephone calls when the restriction or prohibition is necessary for the security of the department facility. The department shall provide to a resident who has less than $10 in the resident's facility account a free telephone call allowance for 30 minutes of telephone calls per week under this paragraph. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] B. The department shall provide a resident with a reasonable opportunity to make telephone calls protected by the attorney-client privilege. The department shall provide to a resident who has less than $10 in the resident's facility account a free telephone call allowance for 30 minutes of telephone calls per week under this paragraph. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] The chief administrative officer of each department facility shall draft, publish and implement guidelines governing resident access to free telephone calls as required by paragraphs A and B in that facility. [PL 2023, c. 217, §1 (AMD).]

3. Requirements for service providers. A service provider that enters into or renews a contract on or after October 1, 2022 with the department to provide outgoing interstate and intrastate telephone services is subject to the following requirements. A. The rates and charges that the service provider may charge for interstate and intrastate telephone calls made by residents may not exceed the rates for interstate telephone calls adopted by the Federal Communications Commission in effect on the date of the contract. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] B. A service provider may not charge a fee to a resident, the department facility or the department for providing the free outgoing telephone calls required pursuant to subsection 2, paragraphs A and B . [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] C. A service provider may not charge a connection fee to a resident to initiate an outgoing telephone call. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] D. A service provider shall permit the receiving party of a telephone call to terminate the telephone call prior to connection without the resident or receiving party incurring a charge. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] E. A service provider may not block a collect telephone call to a receiving party because the service provider lacks a prior billing relationship with the receiving party's telephone service provider unless the service provider offers debit, prepaid or prepaid collect calling options. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] F. A service provider, prior to connecting a telephone call, shall identify itself to the receiving party and disclose to the receiving party how to obtain rate quotations. [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).] [PL 2021, c. 615, Pt. A, §1 (NEW); PL 2021, c. 615, Pt. A, §2 (AFF).]
34-B M.R.S. § 1215 — ME Code / Title 34-B / Chapter 1 / Section 1215
34-B §1215. Interim assistance payments
Status: in_force

The department shall establish and maintain a nonlapsing revolving fund to provide interim assistance payments to Supplemental Security Income recipients: [PL 1989, c. 502, Pt. B, §45 (NEW).]

1. Benefits for hospitalization. Whose benefits have been terminated while they were hospitalized and who are reapplying for benefits because of their release from the hospital; or [PL 1989, c. 502, Pt. B, §45 (NEW).]

2. Benefits when no longer able to work. Whose benefits have been terminated because they returned to work and who are reapplying for benefits because they have suffered a relapse and are no longer able to work. These benefits shall be provided until their Supplemental Security Income application has been acted on. The fund shall be reimbursed, pursuant to Title 22, section 3174‑E , for interim assistance payments made under this section. [PL 1989, c. 502, Pt. B, §45 (NEW).]
34-A M.R.S. § 9608 — ME Code / Title 34-A / Chapter 9 / Section 9608
34-A §9608. Effective date--Article VIII
Status: in_force

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1233 — ME Code / Title 34-B / Chapter 1 / Section 1233
34-B §1233. Special fund in the State Treasury
Status: in_force

The fund for the developmentally disabled is created as a special fund in the State Treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an allocation for the purpose of providing for the care and treatment of low-income developmentally disabled persons, or low-income persons otherwise eligible for department services, as defined by the department. [PL 1987, c. 176 (NEW).]
34-A M.R.S. § 1214-A — ME Code / Title 34-A / Chapter 1 / Section 1214-A
34-A §1214-A. Elder Victims Restitution Fund
Status: in_force

The Elder Victims Restitution Fund, referred to in this section as "the fund," is established for the purpose of compensating elder victims of financial crimes. [PL 2011, c. 241, §3 (NEW).]

1. Definition. As used in this section, unless the context otherwise indicates, the term "elder victim" means a victim of a crime who is 65 years of age or older. [PL 2011, c. 241, §3 (NEW).]

2. Administration. The Victim Services Coordinator under section 1214 shall administer the fund. All administrative costs of the fund must be absorbed by the department. [PL 2011, c. 241, §3 (NEW).]

3. Funding. Money collected pursuant to Title 18‑C, section 2‑105 must be deposited into the fund. [PL 2017, c. 402, Pt. C, §92 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Use. The fund may be used for the payment of claims of elder victims of financial crimes who are entitled to receive restitution from offenders as a result of the sentences for the crimes in cases in which those offenders are not meeting their restitution obligations. [PL 2011, c. 241, §3 (NEW).]

5. Rules. The commissioner may adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , to carry out the purposes of this section. [PL 2011, c. 241, §3 (NEW).]
34-B M.R.S. § 1430 — ME Code / Title 34-B / Chapter 1 / Section 1430
34-B §1430. Rights
Status: in_force

Any resident of a state institution has a right to nutritious food in adequate quantities, adequate professional medical care, an acceptable level of sanitation, ventilation and light, a reasonable amount of space per person in any sleeping area, a reasonable opportunity for physical exercise and recreational activities, protection against any physical or psychological abuse and a reasonably secure area for the maintenance of permitted personal effects. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 4101 — ME Code / Title 34-A / Chapter 3 / Section 4101
34-A §4101. Establishment
Status: in_force

There is established the Mountain View Correctional Facility located in Penobscot County. [PL 2017, c. 148, §10 (AMD).]
34-A M.R.S. § 11225-A — ME Code / Title 34-A / Chapter 15 / Section 11225-A
34-A §11225-A. Duration of registration
Status: in_force

1. Ten-year registrant convicted and sentenced in State. The following provisions apply to a 10-year registrant convicted and sentenced in this State. A. [PL 2009, c. 570, §5 (RP).] B. A 10-year registrant sentenced in this State shall register for a period of 10 years. The 10-year period is calculated as follows. (1) If the 10-year registrant was sentenced prior to September 18, 1999 to a wholly suspended sentence with probation or administrative release or to a punishment alternative not involving imprisonment, the 10-year period is treated as having begun at the time the person commenced an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment was imposed, unless the court ordered a stay of execution, in which event the 10-year period is treated as having begun at the termination of the stay. (2) If the 10-year registrant was sentenced prior to September 18, 1999 to a straight term of imprisonment or to a split sentence, the 10-year period is treated as having begun at the time of discharge or conditional release. (3) If the 10-year registrant was committed under Title 15, section 103 prior to September 18, 1999, the 10-year period is treated as having begun at the time of discharge or conditional release under Title 15, section 104‑A . (4) If the 10-year registrant was sentenced prior to September 18, 1999 and the person's duty to register has not yet been triggered, the 10-year period commences upon registration by the person in compliance with section 11222, subsection 1‑A, paragraph A , B or C . (5) If the 10-year registrant was sentenced on or after September 18, 1999, the 10-year period commences from the date the person in fact initially registers once the legal duty to register arises under section 11222 . [PL 2015, c. 280, §7 (AMD).] [PL 2015, c. 280, §7 (AMD).]

2. Ten-year registrant convicted and sentenced in another jurisdiction. The following provisions apply to a 10-year registrant convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11223 , section 11224 or both. A. A 10-year registrant shall register in this State for a period of 10 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of years rather than for a lifetime. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11223 , section 11224 or both. However, the 10-year registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statutes prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau. [PL 2005, c. 423, §22 (NEW).] B. A 10-year registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person was sentenced on or after January 1, 1982 in that jurisdiction for a crime that includes the essential elements of a sex offense. The 10-year period is calculated by applying subsection 1, paragraph B , subparagraphs (1) to (4) but interpreted and applied to take into account substantially similar sentencing alternatives imposed in the other jurisdiction. [PL 2005, c. 423, §22 (NEW).] [PL 2005, c. 423, §22 (NEW).]

3. Lifetime registrant convicted and sentenced in this State. A lifetime registrant sentenced on or after January 1, 1982 in this State shall register for the duration of that registrant's life. [PL 2005, c. 423, §22 (NEW).]

4. Lifetime registrant convicted and sentenced in another jurisdiction. The following provisions apply to a lifetime registrant convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11223 , section 11224 or both. A. A person shall register in this State for the duration of that person's life if, pursuant to that other jurisdiction's sex offender registration statute, the registration period is for a lifetime. [PL 2005, c. 423, §22 (NEW).] B. A person shall register in this State for the duration of that person's life if no registration was required in that other jurisdiction and the person was sentenced on or after January 1, 1982 in that jurisdiction for a crime that includes the essential elements of a sexually violent offense or the person has 2 or more prior convictions in that or any other jurisdiction for an offense or for an attempted offense that includes the essential elements of a sex offense or a sexually violent offense. [PL 2005, c. 423, §22 (NEW).] [PL 2005, c. 423, §22 (NEW).]

5. Suspending verifications. Notwithstanding subsections 1 and 3 , the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the 10-year registrant or lifetime registrant verify registration information during any period in which the 10-year registrant or lifetime registrant: A. Leaves this State, establishes a domicile or residence in another state and remains physically absent from this State; [PL 2015, c. 280, §8 (NEW).] B. Is incarcerated; or [PL 2015, c. 280, §8 (NEW).] C. Is incapacitated or hospitalized. [PL 2015, c. 280, §8 (NEW).] [PL 2015, c. 280, §8 (RPR).]

6. Relief from duty to register. The following provisions apply to an offender's, a 10-year registrant's or a lifetime registrant's duty to register. A. An offender's or a 10-year registrant's duty to register for a period of 10 years pursuant to subsection 2 is not required if the circumstances triggering the registration requirements under section 11223 , section 11224 or both no longer exist. [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. An offender's or a lifetime registrant's duty to register for the duration of that person's life pursuant to subsection 4 is not required if the circumstances triggering the registration requirements under section 11223 , section 11224 or both no longer exist. [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] C. If the underlying conviction in this State or in another jurisdiction that triggers the registration requirement is reversed, vacated or set aside, or if the offender or registrant is pardoned for the crime, registration is no longer required. [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 1219 — ME Code / Title 34-A / Chapter 1 / Section 1219
34-A §1219. Assistance with federal law compliance
Status: in_force

Beginning November 1, 2017, the department shall offer technical assistance and advice to county and regional jails regarding audits for the purpose of achieving and maintaining compliance with the federal Prison Rape Elimination Act of 2003, Public Law 108-79, as requested by the county and regional jails. [PL 2017, c. 214, §3 (NEW).]