34-A M.R.S. § 11285 — ME Code / Title 34-A / Chapter 17 / Section 11285
34-A §11285. Duration of registration
Status: in_force

The following provisions govern the duration of registration. [PL 2011, c. 663, §3 (NEW).]

1. Offender convicted and sentenced in State for Tier I offense. An offender convicted and sentenced in this State for a Tier I offense shall register for a period of 10 years. The 10-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2 . [PL 2011, c. 663, §3 (NEW).]

2. Offender convicted and sentenced in another jurisdiction for Tier I offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 10 years or as provided in subsection 7 . The following provisions apply. A. A Tier I 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 no more than 10 years. 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 11283 or 11284 . However, the Tier I registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute 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 2011, c. 663, §3 (NEW).] B. A Tier I registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier I offense. 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 11283 or 11284 . However, the Tier I registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and 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 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

3. Offender convicted and sentenced in State for Tier II offense. An offender convicted and sentenced in this State for a Tier II offense shall register for a period of 25 years. The 25-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2 . [PL 2011, c. 663, §3 (NEW).]

4. Offender convicted and sentenced in another jurisdiction for Tier II offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 25 years. The following provisions apply. A. A Tier II registrant shall register in this State for a period of 25 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of more than 10 years and no more than 25 years. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 . However, the Tier II registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute 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 rules adopted by the bureau. [PL 2011, c. 663, §3 (NEW).] B. A Tier II registrant shall register for a period of 25 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier II offense. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 . However, the Tier II registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and 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 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

5. Offender convicted and sentenced in State for Tier III offense. An offender convicted and sentenced in this State for a Tier III offense shall register for the duration of the offender's life. [PL 2011, c. 663, §3 (NEW).]

6. Offender convicted and sentenced in another jurisdiction for Tier III offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for the duration of the registrant's life. A. A Tier III registrant shall register in this State for the duration of the registrant's life if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for the duration of the offender's life. [PL 2011, c. 663, §3 (NEW).] B. A Tier III registrant shall register in this State for the duration of the registrant's life if registration was not required in that other jurisdiction and the person was convicted and sentenced in that jurisdiction for a crime that includes the essential elements of a Tier III offense. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

7. Additional offense. Notwithstanding section 11273, subsections 14 and 15 , a person who has been convicted and sentenced at any time for 2 or more offenses each of which is a Tier I offense or Tier II offense or includes the essential elements of a Tier I offense or Tier II offense is required to register as a Tier III registrant. For purposes of this subsection, convictions that occur on the same day count as separate offenses. [PL 2011, c. 663, §3 (NEW).]

8. Suspending verifications. Notwithstanding any other provision of this section, the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the registrant or offender verify registration information during any period in which a registrant or offender: A. Leaves this State, establishes a domicile or residence in another state and remains physically absent from this State; [PL 2015, c. 280, §17 (NEW).] B. Is incarcerated; or [PL 2015, c. 280, §17 (NEW).] C. Is incapacitated or hospitalized. [PL 2015, c. 280, §17 (NEW).] [PL 2015, c. 280, §17 (RPR).]

9. Relief from duty to register. The following provisions apply to relief from the duty to register. A. An offender's or a registrant's duty to register is not required if the circumstances triggering the registration requirements under section 11283 or 11284 no longer exist. [PL 2011, c. 663, §3 (NEW).] B. 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 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]
34-B M.R.S. § 7004 — ME Code / Title 34-B / Chapter 7 / Section 7004
34-B §7004. Informed consent required for sterilization
Status: in_force

1. Informed consent required. Except as provided in this chapter, prior to initiating sterilization procedures on any individual, a physician shall obtain and record the informed consent of that individual. [PL 1983, c. 459, §7 (NEW).]

2. Hearing required to determine ability to give informed consent for sterilization. A hearing to determine ability to give informed consent for sterilization is required when sterilization is sought for: A. Persons under age 18 years and not married or otherwise emancipated; [PL 1983, c. 459, §7 (NEW).] B. Persons presently under public or private guardianship or conservatorship; [PL 1983, c. 459, §7 (NEW).] C. Persons residing in a state institution providing care, treatment or security, or otherwise in state custody; or [PL 1983, c. 459, §7 (NEW).] D. Persons from whom a physician could not obtain informed consent. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3031-A — ME Code / Title 34-A / Chapter 3 / Section 3031-A
34-A §3031-A. Transportation outside the State for medical care
Status: in_force

1. Transportation. A person residing in a correctional or detention facility may be transported by the department for medical care outside the State if the facility's treating physician determines the care is necessary and unavailable within the State. [PL 2001, c. 386, §13 (NEW).]

2. Costs. The person, if able, shall pay the cost of transportation and the per diem compensation of the accompanying officers. [PL 2001, c. 386, §13 (NEW).]
34-A M.R.S. § 4103 — ME Code / Title 34-A / Chapter 3 / Section 4103
34-A §4103.  Warden
Status: in_force

1. Chief administrative officer. The chief administrative officer of the Mountain View Correctional Facility is called the warden and is responsible to the commissioner. [PL 2023, c. 135, §14 (AMD).]

2. Duties. In addition to other duties set out in this Title, the warden has the following duties. A. The warden shall exercise supervision over the employees, grounds, buildings and equipment at the Mountain View Correctional Facility. [PL 2023, c. 135, §14 (AMD).] B. [PL 2023, c. 135, §14 (RP).] C. The warden shall supervise and control the prisoners at the Mountain View Correctional Facility in accordance with department rules. [PL 2023, c. 135, §14 (AMD).] [PL 2023, c. 135, §14 (AMD).]

3. Powers. In addition to the powers granted in this Title, the warden may appoint deputy wardens, subject to the Civil Service Law. A deputy warden has the powers, duties, obligations and liabilities of the warden when the warden is absent or unable to perform the warden's duties. [PL 2023, c. 135, §14 (AMD).]
34-B M.R.S. § 5465 — ME Code / Title 34-B / Chapter 5 / Section 5465
34-B §5465. Rules
Status: repealed

1. Duty. The commissioner shall promulgate rules for the effective implementation of this Article. [PL 1983, c. 459, §7 (NEW).]

2. Requirements. The rules shall include, but need not be limited to, information on: A. The membership, functions and procedures of the planning teams; [PL 2003, c. 389, §8 (AMD).] B. The procedures to be used in developing personal plans and service plans and service agreements; [PL 2003, c. 389, §8 (AMD).] C. The rights of clients while in departmental programs; and [PL 2013, c. 21, §8 (AMD).] D. The rights and procedures for administrative review if there is dissatisfaction with any step of the process of receiving services specified in this Article, including provisions for the development of regional committees to review any dissatisfaction. [PL 2013, c. 21, §8 (AMD).] [PL 2013, c. 21, §8 (AMD).]

3. Review. The joint standing committee of the Legislature having jurisdiction over health and institutional services shall review all rules promulgated by the department pursuant to this Article by no later than March of each year. [PL 1983, c. 459, §7 (NEW).]

4. Public hearing and notice. The commissioner shall hold at least one public hearing before promulgating these rules and notice of any public hearing shall be given pursuant to the Maine Administrative Procedure Act, Title 5, section 8053 . [PL 1983, c. 459, §7 (NEW).]

5. Amendment or repeal. The commissioner may amend or repeal rules at any time after giving notice and holding a hearing, as prescribed in subsection 4 , with respect to the rules amended or repealed. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3039-A — ME Code / Title 34-A / Chapter 3 / Section 3039-A
34-A §3039-A. Family support
Status: in_force

A prisoner may not participate in an industry program under section 1403 , a work program under section 3035 or any other program administered by the department by which a prisoner is able to generate money unless the prisoner consents to pay at least 25% of that money for the support of any dependent child if the parent, legal guardian or legal custodian of the child requests that payment. Upon the written request of a parent, legal guardian or legal custodian, the chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the parent, legal guardian or legal custodian that portion of the prisoner's money to be paid for the support of the dependent child. This section does not apply to any prisoner making payments for the support of a dependent child pursuant to a support order issued by a court or by the Department of Health and Human Services. [PL 1997, c. 358, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
34-A M.R.S. § 9903 — ME Code / Title 34-A / Chapter 9 / Section 9903
34-A §9903. Interstate Commission for Juveniles -- Article 3
Status: in_force

1. Commission created. The compacting states hereby create the Interstate Commission for Juveniles. The commission is a body corporate and joint agency of the compacting states. The 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. 500, §1 (NEW).]

2. Commissioners. The interstate commission consists of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council. The commissioner is the compact administrator, deputy compact administrator or designee from that state who serves on the interstate commission in such capacity under or pursuant to the applicable law of the compacting state. [PL 2003, c. 500, §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. Those noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general; members of the Interstate Compact for Adult Offender Supervision and Interstate Compact for the Placement of Children; juvenile justice and juvenile corrections officials; 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, including members of other national organizations, as it considers necessary. [PL 2003, c. 500, §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. 500, §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 simple majority of the compacting states, shall call additional meetings. Public notice must be given of all meetings and meetings are open to the public. [PL 2003, c. 500, §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 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 of the administration of the compact managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules; and performs other duties as directed by the interstate commission or as set forth in the bylaws. [PL 2003, c. 500, §1 (NEW).]

7. Member participation. Each commissioner of the interstate commission has the right and power to cast a vote to which the commissioner's state is entitled and to participate in the business and affairs of the interstate commission. A commissioner must vote in person and may not delegate a vote to another compacting state, except a commissioner, in consultation with the state council, may appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. [PL 2003, c. 500, §1 (NEW).]

8. Public access to interstate commission records and information. 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. [PL 2003, c. 500, §1 (NEW).]

9. Public notice. Public notice of all meetings must be given 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 and any of its committees may close a meeting to the public where it determines by 2/3 vote that an open meeting would be likely to: A. Relate solely to the interstate commission's internal personnel practices and procedures; [PL 2003, c. 500, §1 (NEW).] B. Disclose matters specifically exempted from disclosure by statute; [PL 2003, c. 500, §1 (NEW).] C. Disclose trade secrets or commercial or financial information that is privileged or confidential; [PL 2003, c. 500, §1 (NEW).] D. Involve accusing a person of a crime, or formally censuring a person; [PL 2003, c. 500, §1 (NEW).] E. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; [PL 2003, c. 500, §1 (NEW).] F. Disclose investigative records compiled for law enforcement purposes; [PL 2003, c. 500, §1 (NEW).] G. 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 person or entity for the purpose of regulation or supervision of such person or entity; [PL 2003, c. 500, §1 (NEW).] H. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or [PL 2003, c. 500, §1 (NEW).] I. Specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or other legal proceeding. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

10. Process for closed meetings. For every meeting closed pursuant to subsection 9 , the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. 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 therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any action must be identified in such minutes. [PL 2003, c. 500, §1 (NEW).]

11. Data collection; records. The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through rules specifying the data to be collected, the means of collection and data exchange and the reporting requirements. These methods of data collection, exchange and reporting must, insofar as is reasonably possible, conform to up-to-date technology and coordinate the interstate commission's information functions with the appropriate repository of records. [RR 2003, c. 1, §36 (COR).]
34-B M.R.S. § 3610 — ME Code / Title 34-B / Chapter 3 / Section 3610
34-B §3610. Safety net services
Status: repealed

The department is responsible for providing a safety net of adult mental health services for people with major mental illness who the department or its designee determines can not otherwise be served by the community service networks. The department may develop contracts to deliver safety net services if the department determines contracts to be appropriate and cost-effective. The state-operated safety net must include, but is not limited to: [PL 2007, c. 286, §10 (AMD).]

0. (Repealed) A. [PL 1997, c. 683, Pt. A, §19 (RP).] B. [PL 1997, c. 683, Pt. A, §19 (RP).] C. [PL 1997, c. 683, Pt. A, §19 (RP).] D. [PL 1997, c. 683, Pt. A, §19 (RP).] E. [PL 1997, c. 683, Pt. A, §19 (RP).]

1. Beds. Backup emergency hospital beds for people requiring medical stabilization, assessment or treatment; [PL 1997, c. 683, Pt. A, §19 (RPR).]

2. Treatment. Intermediate and long-term treatment for people who need long-term structured care; [PL 1997, c. 683, Pt. A, §19 (RPR).]

3. Forensic services. Forensic services; [PL 1997, c. 683, Pt. A, §19 (RPR).]

4. Intensive case management. Intensive case management; and [PL 1997, c. 683, Pt. A, §19 (RPR).]

5. Other services. Other services determined by the commissioner to be needed. [PL 1997, c. 683, Pt. A, §19 (RPR).]
34-B M.R.S. § 3861-A — ME Code / Title 34-B / Chapter 3 / Section 3861-A
34-B §3861-A. Notification of hospitalization
Status: in_force

When a person who is hospitalized in a psychiatric hospital under the provisions of this chapter is sentenced to serve a straight term of imprisonment or a split sentence in a county jail, the chief administrative officer of the hospital shall notify the sheriff of the county jail so that, in accordance with the provisions of Title 15, section 2211‑A , the sheriff may process the person to serve the sentence while hospitalized and the person may remain in the hospital until ready for discharge. [PL 2009, c. 281, §2 (NEW).]
34-B M.R.S. § 1408 — ME Code / Title 34-B / Chapter 1 / Section 1408
34-B §1408. Cooperation with state departments
Status: in_force

Whenever it is determined advisable, the chief administrative officer of any institution providing services for persons with mental illness, intellectual disabilities or autism may cooperate with state departments to examine upon request and recommend suitable treatment and supervision for: [PL 2011, c. 542, Pt. A, §72 (AMD).]

1. Mental illness, intellectual disability or autism. Persons thought to have a mental illness, an intellectual disability or autism; and [PL 2011, c. 542, Pt. A, §72 (AMD).]

2. Juvenile Court. Children brought before any Juvenile Court. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 9901 — ME Code / Title 34-A / Chapter 9 / Section 9901
34-A §9901. Short title -- Article 1
Status: in_force

This subchapter may be known and cited as "the Interstate Compact for Juveniles," which is referred to in this subchapter as "the compact." [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 4204 — ME Code / Title 34-A / Chapter 3 / Section 4204
34-A §4204. Prisoners generally
Status: in_force

1. Confinement of prisoners transferred to facility. All prisoners transferred to the facility must be detained and confined in accordance with the sentences of the court and the rules of the department. [PL 2013, c. 508, §7 (NEW).]

2. Education. The warden shall maintain suitable courses for academic and career and technical education of the prisoners. The warden shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the objectives of the facility's programs. [PL 2025, c. 4, §3 (AMD).]

3. Employment. The commissioner may authorize the employment of prisoners of the facility on public works with any department, agency or entity of state, county or local government and may authorize the use of prisoners to provide assistance in the improvement of property owned by nonprofit organizations. A. The commissioner shall adopt those rules as the commissioner considers proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 508, §7 (NEW).] B. The purpose of the employment authorized in this subsection is to provide training to the prisoner and to be a form of public restitution for the crime or crimes committed by the prisoner. [PL 2013, c. 508, §7 (NEW).] C. The prisoners employed under this subsection may not be compensated monetarily for work performed. [PL 2013, c. 508, §7 (NEW).] D. The commissioner may request that nonprofit organizations pay for the transportation of the prisoners and pay the per diem compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed. [PL 2013, c. 508, §7 (NEW).] [PL 2013, c. 508, §7 (NEW).]

4. Escape. Any prisoner who escapes from the facility, or from any assignment beyond the grounds of the facility, including assignment with community-rehabilitative programs, is guilty of escape under Title 17‑A, section 755 . [PL 2013, c. 508, §7 (NEW).]
34-A M.R.S. § 3234 — ME Code / Title 34-A / Chapter 3 / Section 3234
34-A §3234. Overseers
Status: in_force

1. Employment. When practicable, the warden shall employ persons having suitable knowledge and skill in the fields of labor and manufacture carried on in the prison to supervise activities in those fields assigned to them by the warden. [PL 1983, c. 459, §6 (NEW).]

2. Services. Persons employed under subsection 1 shall perform the services in the managing, supervising and guarding of the prison as prescribed by the prison rules or as directed by the warden. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1206-A — ME Code / Title 34-A / Chapter 1 / Section 1206-A
34-A §1206-A. Certification of community intervention programs
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Community agency" means a person, a public or private nonprofit organization or a firm, partnership or business corporation operated for profit that: (1) Operates a community intervention program; and (2) Is not an administrative unit of the Federal Government or State Government. [PL 2009, c. 92, §1 (NEW).] B. "Community intervention program" means a program operated at the community level providing services designed to intervene in the risk factors for reoffending, including, but not limited to, mental health, sex offender treatment, social service and substance use disorder treatment programs, but not including a domestic violence intervention program under Title 19‑A, section 4116 . [PL 2021, c. 647, Pt. B, §64 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] C. "Nonprofit organization" means any agency, institution or organization that is, or is owned and operated by, one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, and that has a territory of operations that extends to a neighborhood, community or region or the State. [PL 2009, c. 92, §1 (NEW).] [PL 2021, c. 647, Pt. B, §64 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Rules establishing standards and procedures for certification. The department may adopt rules in consultation with other appropriate state agencies that establish standards and procedures for certification of community intervention programs. The department may review and certify programs that meet the standards and may require certification of programs providing services to clients of the department, regardless of whether the department disburses funds to the community agency. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 92, §1 (NEW).]
34-A M.R.S. § 9607 — ME Code / Title 34-A / Chapter 9 / Section 9607
34-A §9607. Rules and regulations--Article VII
Status: in_force

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9605 — ME Code / Title 34-A / Chapter 9 / Section 9605
34-A §9605. Delivery--Article V
Status: in_force

1. Request. In response to a request made under Article III or Article IV , the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. [PL 1983, c. 459, §6 (NEW).]

2. Identification; copy of indictment. The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: A. Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given; and [PL 1983, c. 459, §6 (NEW).] B. A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

3. Dismissed. If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV , the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. [PL 1983, c. 459, §6 (NEW).]

4. Purpose. The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. [PL 1983, c. 459, §6 (NEW).]

5. Return. At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. [PL 1983, c. 459, §6 (NEW).]

6. Time on sentence. During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence continues to run, but deductions for good behavior and program participation are earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction that imposed the sentence allow. [PL 2019, c. 113, Pt. C, §106 (AMD).]

7. Escape. For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. [PL 1983, c. 459, §6 (NEW).]

8. Responsibility; costs. From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. This subsection shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing in this subsection shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11288 — ME Code / Title 34-A / Chapter 17 / Section 11288
34-A §11288. Violation
Status: in_force

1. Failure to comply; first offense. An offender who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime. [PL 2011, c. 663, §3 (NEW).]

2. Failure to comply; 2nd offense. A person who has one prior conviction under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime. [PL 2015, c. 280, §18 (AMD).]

3. Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section or section 11227 and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime. [PL 2015, c. 280, §18 (AMD).]

4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2011, c. 663, §3 (NEW).]

5. Prior convictions. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence. [PL 2011, c. 663, §3 (NEW).]

6. Affirmative defense. It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause. [PL 2011, c. 663, §3 (NEW).]

7. Permissible inference. Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been sentenced for an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 3815 — ME Code / Title 34-A / Chapter 3 / Section 3815
34-A §3815. Arthur R. Gould School
Status: in_force

1. Purpose. The Arthur R. Gould School, located at the Long Creek Youth Development Center, is devoted to the education and instruction of persons residing at the facility. [PL 1999, c. 583, §38 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).]

2. Responsibility for maintaining school. The State, through the Department of Corrections, has the responsibility and expense of maintaining the school in compliance with all elementary and secondary state education requirements for public schools and private schools approved for tuition purposes established in Title 20-A . [PL 1991, c. 764, §2 (NEW).]

3. School privileges. A person residing at the Long Creek Youth Development Center is eligible to attend the Arthur R. Gould School and receive education, career and technical education, special education and alternative education services in accordance with all state and federal requirements. [PL 1991, c. 764, §2 (NEW); PL 2005, c. 397, Pt. D, §3 (REV).]

4. Policy review council. [PL 1997, c. 752, §39 (RP).]
34-A M.R.S. § 3013 — ME Code / Title 34-A / Chapter 3 / Section 3013
34-A §3013. Special response teams
Status: in_force

The commissioner may establish ongoing special response teams consisting of personnel from more than one facility or division of the department to assist, as determined by the commissioner, in responding to special situations anywhere in the department. [PL 2009, c. 498, §1 (NEW).]
34-A M.R.S. § 3037 — ME Code / Title 34-A / Chapter 3 / Section 3037
34-A §3037. Physical and mental examination
Status: in_force

1. Requirement. The commissioner may require a physical and mental examination of any client. [PL 1991, c. 314, §42 (AMD).]

2. Examiners. The commissioner shall designate competent examiners. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1220 — ME Code / Title 34-B / Chapter 1 / Section 1220
34-B §1220. Mental health services to persons on probation
Status: in_force

The department shall designate at least one individual within each of the 7 areas described in section 3608, subsection 1‑A to act as liaison to the District Courts and Superior Courts of the State and to the Department of Corrections in its administration of probation and parole services. [PL 2013, c. 133, §34 (AMD).]

1. Duties of liaison. A liaison has the following duties: A. To provide reports in a timely fashion on behalf of the department in response to any requests made by a court pursuant to Title 17‑A, section 1807, subsection 5 and to undertake or cause to be undertaken such inquiries or evaluations as are necessary to complete the reports; [PL 2019, c. 113, Pt. C, §109 (AMD).] B. To obtain evaluations as may be required by this section from a person who is one of the following: (1) A licensed psychiatrist; (2) A licensed psychologist; (3) A nurse certified by a national association of nurses as a psychiatric and mental health nurse or as a clinical specialist in adult psychiatric and mental health nursing; (4) A social worker licensed as a licensed clinical social worker or a licensed master social worker; or (5) A licensed clinical professional counselor; and [PL 1997, c. 422, §3 (NEW).] C. To receive any notice of imposition of a condition of probation given pursuant to Title 17‑A, section 1807, subsection 5 and to assess or to obtain an assessment of the appropriateness and availability of the mental health services necessary for an individual to meet the conditions of probation imposed. [PL 2019, c. 113, Pt. C, §110 (AMD).] [PL 2019, c. 113, Pt. C, §§109, 110 (AMD).]

2. Mental health services inappropriate or unavailable. If, after completion of a report as required by subsection 1, paragraph A , the evaluator or the liaison is of the opinion, based upon professional judgment, that the mental health services necessary for an individual to meet the conditions of probation are inappropriate given the individual's clinical condition or that the mental health services are unavailable, then the liaison shall notify the court, the probation officer, the individual on probation and the individual's attorney, if known, that the mental health services are inappropriate or unavailable. [RR 2013, c. 2, §43 (COR).]

3. Mental health services appropriate and available. If, after completion of a report as required by subsection 1, paragraph A , the evaluator or the liaison is of the opinion, based upon professional judgment, that the mental health services necessary for an individual to meet the conditions of probation are appropriate given the individual's clinical condition and the evaluator or the liaison knows that the services are available, then the liaison shall assist the individual in obtaining the appropriate mental health services. [PL 1997, c. 422, §3 (NEW).]
34-A M.R.S. § 3804-A — ME Code / Title 34-A / Chapter 3 / Section 3804-A
34-A §3804-A. Superintendent's appointment powers
Status: in_force

The superintendent may appoint 2 assistant superintendents, subject to the Civil Service Law. [PL 1985, c. 785, Pt. B, §158 (AMD).]

1. Assistant superintendent. An assistant superintendent designated by the superintendent has the powers, duties, obligations and liabilities of the superintendent when the superintendent is absent from the center or unable to perform the duties of the office. [PL 1983, c. 581, §§ 46 and 59 (NEW).]

2. Designee. If there are no assistant superintendents, another employee designated by the superintendent has the powers, duties, obligations and liabilities of the superintendent in the circumstances described in subsection 1 . [PL 1983, c. 581, §§ 46 and 59 (NEW).]
34-A M.R.S. § 9905 — ME Code / Title 34-A / Chapter 9 / Section 9905
34-A §9905. Organization and operation of interstate commission -- Article 5
Status: in_force

1. Bylaws. The interstate commission shall adopt bylaws by a majority of the members present and voting, within 12 months after the first interstate commission meeting, to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, including, but not limited to: A. Establishing the fiscal year of the interstate commission; [PL 2003, c. 500, §1 (NEW).] B. Establishing an executive committee and other necessary committees; [PL 2003, c. 500, §1 (NEW).] C. Providing for the establishment of committees governing general or specific delegation of any authority or function of the interstate commission; [PL 2003, c. 500, §1 (NEW).] D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting; [PL 2003, c. 500, §1 (NEW).] E. Establishing the titles and responsibilities of the officers of the interstate commission; [PL 2003, c. 500, §1 (NEW).] F. Providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; [PL 2003, c. 500, §1 (NEW).] G. Providing start-up rules for initial administration of the compact; and [PL 2003, c. 500, §1 (NEW).] H. Establishing standards and procedures for compliance and technical assistance in carrying out the compact. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

2. Officers and staff. The following provisions govern officers and staff. A. The interstate commission shall, by a majority of the members, elect annually from among its members a chair and a vice-chair, each of whom has such authority and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers so elected serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. [PL 2003, c. 500, §1 (NEW).] B. The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission considers appropriate. The executive director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized by the interstate commission but may not be a member. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

3. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification. A. The interstate commission's executive director and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. [PL 2003, c. 500, §1 (NEW).] B. The liability of a commissioner or employee or agent of a commissioner, acting within the scope of such person's employment or duties, for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. Nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. [PL 2003, c. 500, §1 (NEW).] C. The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in a civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. [PL 2003, c. 500, §1 (NEW).] D. The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner representative or employee, or the interstate commission representative or employee, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]
34-B M.R.S. § 7013 — ME Code / Title 34-B / Chapter 7 / Section 7013
34-B §7013. Hearing upon a petition to determine the best interest of a person being considered for sterilization
Status: in_force

1. Ability to give or withhold informed consent. In all instances where the issue of whether sterilization is in the best interest of a person is to be considered, a prior determination, as required by section 7008 , that the person cannot give or withhold informed consent shall be required. [PL 1983, c. 459, §7 (NEW).]

2. Presence of person; counsel; findings. The person being considered for sterilization must be physically present throughout the entire best interest hearing, unless that right is waived by the person, personally or through the person's attorney, and that waiver is approved by the court. The person being considered for sterilization must be represented by counsel and provided the right and opportunity to be confronted with and to cross-examine all witnesses. The right to counsel may not be waived. If the person cannot afford counsel, the court shall appoint an attorney, not less than 20 days before the scheduled hearing, to represent the person at public expense. A reasonable fee must be set for appointed counsel by the District Court. Counsel shall represent the person being considered for sterilization in assuring that information and evidence in opposition to sterilization without informed consent is fully represented. All stages of the hearing must be recorded by a tape recorder or a court reporter, as the court may direct. In all cases, the court shall issue written findings to support its decision. [RR 2019, c. 2, Pt. B, §109 (COR).]

3. Disinterested experts; evidence. The court shall hear the petition to determine whether sterilization is in the best interest of the person being considered for sterilization. The court shall appoint not less than 3 disinterested experts with experience related to the condition of the person as alleged in the petition, including at least one physician and one licensed psychologist or psychiatrist, to examine the person and to testify at the hearing. The court shall hear and consider evidence on the following: A. All issues raised by the petition executed under section 7011 ; and [PL 1983, c. 459, §7 (NEW).] B. The beneficial or detrimental psychological and physiological effects of sterilization on the person being considered for sterilization. [PL 1983, c. 459, §7 (NEW).] Any other relevant evidence concerning the mental and physical condition of the person being considered for sterilization may be introduced at the hearing. [PL 1983, c. 459, §7 (NEW).]

4. Burden of proof. The burden of proof by clear and convincing evidence that sterilization is in the best interest of the person being considered for sterilization shall rest with the party seeking to establish that sterilization is the appropriate course of action. [PL 1983, c. 459, §7 (NEW).]

5. Finding that sterilization is in person's best interest. The court shall find that sterilization is in the best interest of the person being considered for sterilization if it is shown by clear and convincing evidence that: A. Methods of contraception less drastic than sterilization have proven to be unworkable or inappropriate for the person; and [PL 1983, c. 459, §7 (NEW).] B. Sterilization is necessary to preserve the physical or mental health of the person. [PL 1983, c. 459, §7 (NEW).]

6. Court order. If the court finds that sterilization is in the best interest of the person being considered for sterilization, the court shall order that sterilization may be performed. The sterilization procedure used must be the most reversible procedure available at the time when, in the judgment of the physician performing the sterilization, that procedure is not inconsistent with the health or safety of the patient. If the court finds that sterilization is not in the best interest of the person being considered for sterilization, the court shall order that sterilization may not be performed, unless the order is amended by a District Court to permit sterilization. [RR 2019, c. 2, Pt. B, §110 (COR).]

7. Appeal. Appeal of a final order of a District Court shall be by right in accordance with the Maine Rules of Civil Procedure, except that, upon a finding of inability to pay the required fees for an appeal, those fees shall be waived. Pendency of an appeal of an order under this section shall stay any order allowing sterilization. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 1208-B — ME Code / Title 34-A / Chapter 1 / Section 1208-B
34-A §1208-B. Standards, policies and procedures applicable to jails
Status: in_force

1. Establishment. The commissioner shall establish mandatory standards, policies and procedures for jails. The standards, policies and procedures must be established by rule and must be evidence-based, must take into consideration cost impact and must reflect best practices for the administration and operation of jails. The rules must include policies and procedures for assisting jails to achieve compliance and for imposing penalties for noncompliance. A. The standards, policies and procedures must address record keeping and reporting of financial data, capital improvement planning, jail staffing, administration and management of prisoners, transfer of inmates, notification to prisoners of prohibition on contact with victims and other persons, pretrial assessments and services, evidence-based programming, literacy programs, mental health and substance use disorder programs and correctional officer training. [PL 2017, c. 407, Pt. A, §152 (AMD).] B. In administering and distributing funding to the jails pursuant to section 1210‑E, subsection 5 , the commissioner shall: (1) Require reporting of data that indicates average daily population of prisoners, that excludes federal prisoners, that indicates sending and receiving jails for transferred prisoners and that is useful in calculating the distributions to the counties pursuant to section 1210‑E, subsection 9 ; and (2) Consider the performance of each jail in meeting the standards established pursuant to this section. The commissioner shall work with the jails to assist them in achieving compliance with the standards. The commissioner shall enforce the standards by imposition of monetary penalties upon a county for noncompliance by the county jail or regional jail. A monetary penalty imposed under this subparagraph may not in any fiscal year exceed the County Jail Operations Fund distribution payable to a county for a fiscal year pursuant to section 1210‑E, subsection 5 . [PL 2021, c. 732, Pt. D, §3 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).] [PL 2021, c. 732, Pt. D, §3 (AMD); PL 2021, c. 732, Pt. D, §7 (AFF).]

2. Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 171, §2 (AMD); PL 2021, c. 263, §1 (AMD).]

3. Gender affirmation. The standards, policies and procedures established pursuant to this section for the county jails and regional jail must require the jails to respect and acknowledge an incarcerated person's consistently held gender identity irrespective of anatomy or physique. Housing placements and search practices must be consistent with the person's consistently held gender identity except when such placement or search would present significant management or security problems to the jail or threaten the health and safety of the person. A person must have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the person's consistently held gender identity. County and regional jail staff shall address a person in a manner that is consistent with the person's consistently held gender identity. [PL 2021, c. 263, §2 (NEW).]

4. Requirements; rulemaking by commissioner. The jails shall operate in accordance with best practices applicable to facilities of their type and size, including the mandatory standards, policies and procedures established by rules adopted by the commissioner under subsection 1 and standards adopted under section 1208 , and with the following requirements as set forth in rules adopted by the commissioner. In adopting rules and standards for the jails, the commissioner shall consider the advisory input of the County Corrections Professional Standards Council established pursuant to Title 5, section 12004‑G, subsection 6‑D . A. Each jail shall participate in coordination of inmate transportation. Coordination of transportation may be provided by the jail at which the inmate resides, by another jail or correctional facility or by a person or entity working under a contract with the jail at which the inmate resides. [PL 2021, c. 732, Pt. C, §1 (NEW).] B. Each jail shall provide access to substance use disorder screening, assessment, medication, treatment, recovery and reentry services, including at a minimum: (1) Screening on intake using evidence-based tools to assess the risk of overdose or withdrawal and the person's history of substance use disorder and to determine initial treatment options; (2) Medically managed withdrawal treatment consistent with evidence-based medical standards; (3) All forms of medication for addiction treatment, including at least one of each formulation of each United States Food and Drug Administration-approved medication-assisted treatments for substance use disorder, including alcohol use disorder and opioid use disorder, to ensure that each person receives the particular formulation found to be the most effective at treating and meeting the person's individual needs. Medication under this subparagraph must be offered for the duration of the person's incarceration; (4) Behavioral treatment options, such as group and individual counseling, and clinical support; (5) Peer support services; (6) Reentry planning and transitional support such as coordination with community-based treatment and case management service providers and recovery organizations to ensure reentry and continuity of care after release, including appointments for services made prior to release; and (7) Assistance in obtaining health insurance prior to release. Substance use disorder services required by this paragraph may be provided at the jail at which the person resides or at another jail or correctional facility or by a service provider or entity working under a contract with the jail at which the person resides. [PL 2021, c. 732, Pt. C, §1 (NEW).] C. Each jail shall provide mental health treatment, including at a minimum providing a licensed clinician or licensed professional organization that will be available to assist an inmate who is a person receiving mental health treatment. Mental health treatment required by this paragraph may be provided at the jail at which the person resides or at another jail or correctional facility or by a service provider or entity working under a contract with the jail at which the person resides. [PL 2021, c. 732, Pt. C, §1 (NEW).] D. Each jail shall provide community programs and services as required by this subchapter, including at a minimum pretrial or conditional release, alternative sentencing or housing programs and electronic monitoring. [PL 2021, c. 732, Pt. C, §1 (NEW).] E. Each jail shall provide initial and ongoing training and technical assistance for facility staff and health care practitioners on screening, assessment, medication and treatment protocols for substance use disorder. [PL 2021, c. 732, Pt. C, §1 (NEW).] [PL 2023, c. 135, §3 (AMD).]

5. Requirements; rulemaking by the council. The jails shall operate in accordance with rules adopted pursuant to this subsection. The County Corrections Professional Standards Council, established pursuant to Title 5, section 12004‑G, subsection 6‑D , shall adopt rules governing the collection and reporting of data by jails as necessary to implement this section. The rules may consider the cost impacts of policy decisions by jails and the State, best practices for the operation of jails, the cost-effective delivery of services by jails, program participation, categories of inmates and reasons for detention or incarceration. In adopting data collection rules, the council shall at minimum require jails to report the following data: A. The revenues and expenses associated with operating the jail; [PL 2021, c. 732, Pt. C, §2 (NEW).] B. The population of persons detained or committed to the custody of the sheriff. The rules must require population reporting on a daily basis and must provide data to the department on actual daily population of persons who are detained or incarcerated and persons on all forms of community release. Population data must be reported in the format required by the rule; and [PL 2021, c. 732, Pt. C, §2 (NEW).] C. The funds used for programs and services as required by section 1208‑B, subsection 4, paragraph B . [PL 2021, c. 732, Pt. C, §2 (NEW).] The council shall establish the rules, definitions and reporting requirements for a centralized data system for county jails. [PL 2021, c. 732, Pt. C, §2 (NEW).]
34-A M.R.S. § 3801 — ME Code / Title 34-A / Chapter 3 / Section 3801
34-A §3801. Establishment
Status: in_force

The State shall maintain the Long Creek Youth Development Center, referred to in this subchapter as the "facility," located at South Portland. [PL 1999, c. 583, §29 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).]

1. Coeducational. The facility must be coeducational. [PL 1999, c. 583, §30 (AMD).]

2. Separate housing. The facility must fully separate the housing facilities for boys and girls. [PL 1999, c. 583, §30 (AMD).]
34-B M.R.S. § 3869 — ME Code / Title 34-B / Chapter 3 / Section 3869
34-B §3869. Return from unauthorized absence
Status: in_force

If any patient committed under section 3864 leaves the grounds of the psychiatric hospital without authorization of the chief administrative officer of the psychiatric hospital or the chief administrative officer's designee, or refuses to return to the psychiatric hospital from a community pass when requested to do so by the chief administrative officer or the chief administrative officer's designee, law enforcement personnel of the State or of any of its subdivisions may, upon request of the chief administrative officer or the chief administrative officer's designee, assist in the return of the patient to the psychiatric hospital. [PL 2007, c. 319, §15 (AMD).]
34-A M.R.S. § 3904 — ME Code / Title 34-A / Chapter 3 / Section 3904
34-A §3904. Prisoners generally
Status: in_force

1. Confinement. All prisoners at the Downeast Correctional Facility shall be detained and confined in accordance with the sentences of the court and the rules of the department. [PL 1983, c. 861, §1 (NEW).]

2. Education. The warden shall maintain suitable courses for academic and career and technical education of the prisoners of the Downeast Correctional Facility. The warden shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the objectives of the facility's programs. [PL 2023, c. 135, §11 (AMD).]

3. Employment. The commissioner may authorize the employment of prisoners of the Downeast Correctional Facility on public works with any department, agency or entity of the State, county or local government and may authorize the use of prisoners to provide assistance in the improvement of property owned by nonprofit organizations. A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees. [PL 1983, c. 861, §1 (NEW).] B. The purpose of the employment authorized in this subsection is to provide training to the prisoner and to be a form of public restitution for the crime or crimes committed by the prisoner. [PL 1983, c. 861, §1 (NEW).] C. The commissioner may request that nonprofit organizations pay for the transportation of the prisoners and pay the per diem compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed. [PL 1983, c. 861, §1 (NEW).] [PL 1983, c. 861, §1 (NEW).]

4. Escape. Any prisoner who escapes from the facility, or from any assignment beyond the grounds of the facility, to include community-rehabilitative programs is guilty of escape under Title 17‑A, section 755 . [PL 1983, c. 861, §1 (NEW).]

5. Industries program. [PL 1985, c. 821, §26 (RP).]
34-A M.R.S. § 9878 — ME Code / Title 34-A / Chapter 9 / Section 9878
34-A §9878. Rule-making functions of interstate commission--Article 8
Status: in_force

1. Rules. The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transitional rules governing administration of the compact during the period in which it is being considered and enacted by the state. Rulemaking must occur pursuant to the criteria set forth in this section and rules promulgated pursuant to this section. The rulemaking must substantially conform to the principles of the federal Administrative Procedure Act, 5 United States Code, Section 551 et seq. and the federal Advisory Committee Act, 5 United States Code App. 2 Section 1 et seq., as may be amended, referred to in this subchapter as the "APA." All rules and amendments are binding on the date specified in each rule or amendment. [PL 2003, c. 495, §1 (NEW).]

2. Rule void. If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule has no further effect in any compacting state. [PL 2003, c. 495, §1 (NEW).]

3. Promulgation of rules. When promulgating a rule, the interstate commission shall: A. Publish the proposed rule stating with particularity the text of the proposed rule and the reason for the proposed rule; [PL 2003, c. 495, §1 (NEW).] B. Allow persons to submit written data, facts, opinions and arguments, which information must be publicly available; [PL 2003, c. 495, §1 (NEW).] C. Provide an opportunity for an informal hearing; and [PL 2003, c. 495, §1 (NEW).] D. Promulgate a final rule and its effective date, if appropriate, based on the rule-making record. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

4. Rule review. Not later than 60 days after a rule is promulgated, an interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence, as defined in the APA, in the rule-making record, the court shall hold the rule unlawful and set it aside. [PL 2003, c. 495, §1 (NEW).]

5. Subjects to be addressed. Subjects to be addressed within 12 months after the first meeting must, at a minimum, include: A. Notice to victims and opportunity to be heard; [PL 2003, c. 495, §1 (NEW).] B. Offender registration and compliance; [PL 2003, c. 495, §1 (NEW).] C. Violations and returns; [PL 2003, c. 495, §1 (NEW).] D. Transfer procedures and forms; [PL 2003, c. 495, §1 (NEW).] E. Eligibility for transfer; [PL 2003, c. 495, §1 (NEW).] F. Collection of restitution and fees from offenders; [PL 2003, c. 495, §1 (NEW).] G. Data collection and reporting; [PL 2003, c. 495, §1 (NEW).] H. The level of supervision to be provided by the receiving state; [PL 2003, c. 495, §1 (NEW).] I. Transitional rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date that the last eligible state adopts the compact; and [PL 2003, c. 495, §1 (NEW).] J. Mediation, arbitration and dispute resolution. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

6. Emergency rule. If the interstate commission determines that an emergency exists, it may promulgate an emergency rule that becomes effective immediately upon adoption as long as the usual rule-making procedures provided under this section are retroactively applied to the rule as soon as reasonably possible but no later than 90 days after the effective date of the rule. [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 13006 — ME Code / Title 34-B / Chapter 13 / Section 13006
34-B §13006. Liability of receiver
Status: in_force

A person may not bring suit against a receiver appointed under section 13003 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in the receiver's official capacity only and any judgment rendered must be satisfied out of receivership assets. [PL 1997, c. 610, §3 (NEW).]
34-A M.R.S. § 9888 — ME Code / Title 34-A / Chapter 9 / Section 9888
34-A §9888. Administrative preliminary hearing
Status: in_force

Whenever it appears that a person accepted for supervision under this compact arrested for an alleged violation of a supervision condition is entitled under the compact to a determination of whether there is probable cause to believe the person has violated a condition of that person's supervision, the determination must be made at an administrative preliminary hearing meeting the requirements of the compact and held before an official designated by the Commissioner of Corrections within 5 days after the arrest, excluding Saturdays, Sundays and holidays. [PL 2007, c. 344, §11 (NEW).]
34-A M.R.S. § 4102-B — ME Code / Title 34-A / Chapter 3 / Section 4102-B
34-A §4102-B. Purposes for prisoners
Status: in_force

The purposes of the Mountain View Correctional Facility with respect to prisoners include vocational and academic education and rehabilitative programs, including work release and work involving public restitution. [PL 2017, c. 148, §12 (NEW).]
34-A M.R.S. § 9909 — ME Code / Title 34-A / Chapter 9 / Section 9909
34-A §9909. State council -- Article 9
Status: in_force

Each compacting state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial and executive branches of government; victims groups; and the compact administrator or the compact administrator's designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as may be determined by that state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state. [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 7009 — ME Code / Title 34-A / Chapter 7 / Section 7009
34-A §7009. Publication of data
Status: in_force

By February 15, 2024, the department shall develop and publish on its publicly accessible website data regarding the number of juveniles involved in the juvenile justice system. The data must be updated monthly and include information regarding the numbers of juveniles referred, diverted, detained, placed on probation, ordered to serve a period of confinement and committed to the department. The department shall deidentify the data and remove any potential personal identifying information of the juveniles. The data must be organized by region of the State and broken down by age, gender and race. [PL 2023, c. 425, §4 (NEW).]
34-B M.R.S. § 1001 — ME Code / Title 34-B / Chapter 1 / Section 1001
34-B §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, §7 (NEW).]

1. Chief administrative officer. "Chief administrative officer" means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. [PL 1983, c. 459, §7 (NEW).]

1-A. Adult developmental services. "Adult developmental services" means any support or assistance provided, licensed or funded in whole or in part by the department pursuant to chapter 5 or 6 to an adult with an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §60 (NEW).]

2. Client. "Client" means a person receiving services from the department, from any state institution or from any agency licensed or funded to provide services falling under the jurisdiction of the department. [PL 1995, c. 560, Pt. K, §8 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF).]

3. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. [PL 1995, c. 560, Pt. K, §9 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2003, c. 689, Pt. B, §7 (REV).]

4. Department. "Department" means the Department of Health and Human Services. [PL 1983, c. 459, §7 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4-A. Office of advocacy. [PL 2005, c. 519, Pt. RR, §1 (RP); PL 2005, c. 519, Pt. RR, §4 (AFF).]

4-B. Intermediate care facility for persons with intellectual disabilities. "Intermediate care facility for persons with intellectual disabilities" means an intermediate care facility for the mentally retarded as defined in Section 1905(d) of the federal Social Security Act, 42 United States Code, Section 1396d(d) and its implementing regulations. [PL 2011, c. 542, Pt. A, §60 (NEW).]

5. Parking area. "Parking area" means land maintained by the State at the state institutions under the jurisdiction of the department, which may be designated as parking areas by the heads of the state institutions. [PL 1983, c. 459, §7 (NEW).]

6. Public way. "Public way" means a road or driveway on land maintained by the State at the state institutions under the jurisdiction of the department. [PL 1983, c. 459, §7 (NEW).]

7. Resident. "Resident" means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. [PL 1983, c. 459, §7 (NEW).]

8. State institution. "State institution" means: A. The Riverview Psychiatric Center; [PL 1983, c. 459, §7 (NEW); PL 2005, c. 236, §4 (REV).] B. The Dorothea Dix Psychiatric Center; or [PL 2005, c. 236, §3 (REV); PL 2005, c. 457, Pt. NN, §1 (AMD); PL 2005, c. 457, Pt. NN, §8 (AFF).] C. [PL 1995, c. 395, Pt. G, §10 (RP); PL 1995, c. 395, Pt. G, §20 (AFF).] D. Before October 1, 2008, the Elizabeth Levinson Center. [PL 2007, c. 539, Pt. N, §57 (AMD).] E. [PL 2005, c. 457, Pt. NN, §2 (RP); PL 2005, c. 457, Pt. NN, §8 (AFF).] F. [PL 1997, c. 393, Pt. A, §39 (RP).] F. [PL 1995, c. 560, Pt. K, §10 (RP).] G. [PL 1995, c. 560, Pt. K, §11 (NEW); MRSA T. 34-B §1001, sub-§8, ¶G (RP).] H. [PL 2005, c. 457, Pt. NN, §3 (RP); PL 2005, c. 457, Pt. NN, §8 (AFF).] [PL 2007, c. 539, Pt. N, §57 (AMD).]

9. 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. 506, Pt. A, §70 (AMD).]
34-A M.R.S. § 9904 — ME Code / Title 34-A / Chapter 9 / Section 9904
34-A §9904. Powers and duties of interstate commission -- Article 4
Status: in_force

1. Powers and duties. The interstate commission has the following powers and duties: A. To provide for dispute resolution among compacting states; [PL 2003, c. 500, §1 (NEW).] B. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which have the force of statutory law and are binding in the compacting states to the extent and in the manner provided in this compact; [PL 2003, c. 500, §1 (NEW).] C. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission; [PL 2003, c. 500, §1 (NEW).] D. To enforce compliance with the compact provisions, the rules promulgated by the interstate commission and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; [PL 2003, c. 500, §1 (NEW).] E. To establish and maintain offices that are located within one or more of the compacting states; [PL 2003, c. 500, §1 (NEW).] F. To purchase and maintain insurance and bonds; [PL 2003, c. 500, §1 (NEW).] G. To borrow, accept, hire or contract for services of personnel; [PL 2003, c. 500, §1 (NEW).] H. To establish and appoint committees and hire staff that the interstate commission deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by section 9903 that has the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder; [PL 2003, c. 500, §1 (NEW).] I. To elect or appoint officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications; [PL 2003, c. 500, §1 (NEW).] J. To establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel; [PL 2003, c. 500, §1 (NEW).] K. To accept any donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of donations and grants; [PL 2003, c. 500, §1 (NEW).] L. To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed; [PL 2003, c. 500, §1 (NEW).] M. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2003, c. 500, §1 (NEW).] N. To establish a budget and make expenditures and levy dues as provided in section 9908 ; [PL 2003, c. 500, §1 (NEW).] O. To sue and be sued; [PL 2003, c. 500, §1 (NEW).] P. To adopt a seal and bylaws governing the management and operation of the interstate commission; [PL 2003, c. 500, §1 (NEW).] Q. To perform functions necessary or appropriate to achieve the purposes of this compact; [PL 2003, c. 500, §1 (NEW).] R. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Annual reports must also include any recommendations that may have been adopted by the interstate commission; [PL 2003, c. 500, §1 (NEW).] S. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity; [PL 2003, c. 500, §1 (NEW).] T. To establish uniform standards for reporting, collecting and exchanging data; and [PL 2003, c. 500, §1 (NEW).] U. To maintain its corporate books and records in accordance with the bylaws. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]
34-B M.R.S. § 1203-A — ME Code / Title 34-B / Chapter 1 / Section 1203-A
34-B §1203-A. Licenses for the provision of mental health services
Status: in_force

Licenses to operate, conduct or maintain an agency or facility for the provision of mental health services as defined in section 3601 or for the provision of treatment as defined in chapter 6, subchapter 2 , including facilities that are private nonmedical institutions, are governed as follows. [PL 2003, c. 673, Pt. V, §6 (AMD); PL 2003, c. 673, Pt. V, §29 (AFF).]

1. Full license. Full licenses are governed as follows. A. The commissioner shall issue a full license to an applicant agency or facility that has complied with: (1) All applicable laws and rules; and (2) All conditions imposed by the commissioner at the time of issuance of a conditional license, refusal to issue or renew a full license or revocation of a full license. [PL 1989, c. 227, §1 (NEW).] B. A full license is issued for a term of 2 years. [PL 2015, c. 267, Pt. RR, §4 (AMD).] C. When a full licensee fails to comply with applicable laws and rules, the commissioner may: (1) File a complaint with the District Court to have the license revoked, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 ; or (2) Modify the full license to a conditional license in accordance with subsection 2 . [PL 1989, c. 227, §1 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).] [PL 2015, c. 267, Pt. RR, §4 (AMD).]

2. Conditional license. Conditional licenses are governed as follows. A. The commissioner may issue a conditional license to an agency or facility applying or reapplying for a provisional or full license, if: (1) The applicant fails to comply with applicable laws and rules; and (2) In the judgment of the commissioner, the best interests of the public would be served by issuance of a conditional license. [PL 2025, c. 305, Pt. A, §7 (AMD).] B. The commissioner may modify an existing full license to a conditional license, after affording the full licensee an opportunity for hearing in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375 , if: (1) The applicant fails to comply with applicable laws and rules; and (2) In the judgment of the commissioner, the best interests of the public would be served. [PL 1989, c. 227, §1 (NEW).] C. A conditional license shall be issued for a specified period of time, not to exceed one year, or the remaining period of the previous full license, whichever the commissioner determines appropriate based on the nature of the violation of laws or rules. [PL 1989, c. 227, §1 (NEW).] D. A conditional license shall specify the conditions imposed by the commissioner and shall specify when those conditions shall be complied with during the term of the conditional license. [PL 1989, c. 227, §1 (NEW).] E. During the period of the conditional license, the licensee shall comply with all conditions imposed by the commissioner. [PL 1989, c. 227, §1 (NEW).] F. If the conditional licensee fails to comply with conditions imposed by the commissioner, the commissioner may initiate proceedings to revoke, suspend or refuse to renew the conditional license in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 227, §1 (NEW).] [PL 2025, c. 305, Pt. A, §7 (AMD).]

3. Provisional license. Provisional licenses are governed as follows. A. The commissioner may issue a provisional license to an agency or facility that: (1) Has not been previously licensed for the type of service for which application is made; (2) Is temporarily unable to comply with all applicable laws and rules; and (3) Is in compliance with specific laws and rules determined by the commissioner as essential for the protection of the residents or clients of the agency or facility. [PL 1989, c. 227, §1 (NEW).] B. To obtain a provisional license, an applicant must demonstrate the ability to comply with all applicable laws and rules by the end of the term of the provisional license. [PL 1989, c. 227, §1 (NEW).] C. A provisional license shall be issued for a specified period of time, which is at least 3 months but no longer than 12 months, as determined appropriate by the commissioner. [PL 1989, c. 227, §1 (NEW).] [PL 1989, c. 227, §1 (NEW).]

4. Licensing fees and terms. Except for children's residential care facilities defined in Title 22, section 8101, subsection 4 and licensed in accordance with Title 22, section 8104 , fees and terms for licenses under this section are as follows. A. The application fee for a provisional license may not be less than $100 nor more than $280. The term of a provisional license is established pursuant to subsection 3, paragraph C . [PL 2015, c. 267, Pt. RR, §5 (NEW).] B. The application fee for a full license may not be less than $100 nor more than $280. The term of a full license is for 2 years. [PL 2015, c. 267, Pt. RR, §5 (NEW).] C. The fee for the biennial renewal of a full license may not be less than $70 nor more than $170. [PL 2015, c. 267, Pt. RR, §5 (NEW).] D. The processing fee to add a service site to an issued license may not be less than $35 nor more than $70. [PL 2015, c. 267, Pt. RR, §5 (NEW).] E. The processing fee to add a service to an issued license may not be less than $70 nor more than $140. [PL 2015, c. 267, Pt. RR, §5 (NEW).] F. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license. [PL 2015, c. 267, Pt. RR, §5 (NEW).] G. The transaction fee for the electronic renewal of a license may not be less than $25 nor more than $50 for the electronic renewal of a license. The transaction fee may not exceed the cost of providing the electronic renewal service. [PL 2015, c. 267, Pt. RR, §5 (NEW).] H. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 267, Pt. RR, §5 (NEW).] [PL 2015, c. 267, Pt. RR, §5 (AMD).]

5. Monitoring for compliance. Regardless of the term of the license, the commissioner shall monitor the licensee, at least once every 2 years, for continued compliance with applicable laws and rules. [PL 2025, c. 305, Pt. A, §8 (AMD).]

6. Appeals. Any person aggrieved by a final action of the commissioner under this section may obtain judicial review in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 227, §1 (NEW).]

7. Prohibited acts. Prohibited acts under this section are governed as follows. A. An agency is guilty of unlicensed operation of a mental health service facility if it operates, conducts or maintains such a facility, not otherwise licensed as a hospital or medical care facility, without a license from the commissioner. [PL 1989, c. 227, §1 (NEW).] B. Notwithstanding Title 17‑A, sections 4‑A , 1704 and 1705 , unlicensed operation of a mental health service facility is punishable by a fine of not more than $500 or by imprisonment for not more than 60 days. [PL 2019, c. 113, Pt. C, §108 (AMD).] [PL 2019, c. 113, Pt. C, §108 (AMD).]

8. National accreditation. An agency or facility required to obtain a license under this section that receives and maintains accreditation from a national accrediting body approved by the department must be deemed in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this subsection in response to a complaint against the agency or facility. [PL 2011, c. 145, §3 (NEW).]
34-A M.R.S. § 1212 — ME Code / Title 34-A / Chapter 1 / Section 1212
34-A §1212. Confidential information
Status: in_force

The following information pertaining to department employees and independent contractors is confidential and that part of any record of the department containing this information is not a public record, as defined in Title 1, section 402, subsection 3 : [PL 1991, c. 281 (NEW).]

1. Addresses and telephone numbers. Nonbusiness addresses and telephone numbers; [PL 1991, c. 281 (NEW).]

2. Information regarding other persons. The existence, names, addresses and telephone numbers of family members, household members and persons to be notified in the event of an emergency; and [PL 1991, c. 281 (NEW).]

3. Work schedules. Information pertaining to work schedules. [PL 1991, c. 281 (NEW).]
34-A M.R.S. § 3809 — ME Code / Title 34-A / Chapter 3 / Section 3809
34-A §3809. Observation
Status: in_force

1. Generally. When the behavior of a juvenile residing at the Long Creek Youth Development Center presents a high likelihood of imminent harm to that juvenile or to others, presents a substantial and imminent threat of destruction of property or demonstrates a proclivity to be absent from the facility without leave as evidenced by a stated intention to escape from the facility or by a recent attempted or actual escape from any detention or correctional facility, the juvenile may be placed under observation if the juvenile demonstrates that anything less restrictive would be ineffectual for the control of the juvenile's behavior. [PL 1991, c. 314, §64 (RPR); PL 2001, c. 439, Pt. G, §6 (AMD).]

2. Conditions. Placing a juvenile under observation is subject to the following conditions. A. Placement under observation must first be approved by the superintendent. [PL 1991, c. 314, §64 (RPR).] B. The conditions under which a juvenile is placed under observation must conform with all applicable federal and state standards relating to the health and safety of clients in correctional facilities. [PL 1991, c. 314, §64 (RPR).] C. Placement under observation may not exceed the period of time necessary to alleviate and prevent the reoccurrence of the behavior described in subsection 1 and it may not be used as punishment. [PL 1991, c. 314, §64 (RPR).] D. When placement under observation exceeds 12 hours, the superintendent shall direct the facility physician or a member of the facility medical staff to visit the juvenile immediately and at least once in each succeeding 24-hour period the juvenile remains under observation to examine the juvenile's state of health. (1) The superintendent shall give full consideration to recommendations of the physician or medical staff member concerning the juvenile's dietary needs and the conditions of the juvenile's confinement required to maintain the juvenile's health. If the recommendations of the physician or medical staff member are not carried out, the superintendent shall immediately convey the reasons and circumstances for this decision to the commissioner for review and final disposition. (2) Placement under observation must be discontinued if the superintendent on the advice of the physician determines that placement under observation is harmful to the mental or physical health of the juvenile, except that placement under observation may be continued if the behavior of the juvenile presents a high likelihood of imminent physical harm to that juvenile or others and there is no less restrictive setting in which that juvenile's safety or that of others can be ensured. If placement under observation is continued, the physician or a member of the medical staff shall visit the juvenile at least once every 12 hours. [PL 1991, c. 314, §64 (RPR).] E. When placement under observation exceeds 24 hours, the superintendent shall direct appropriate facility staff to develop a plan for the further care of the juvenile. The plan must be revised as needed to meet the changing needs of the juvenile. [PL 1991, c. 314, §64 (RPR).] F. Placement under observation may not exceed 72 hours without the commissioner's approval, which must: (1) Be in writing; (2) State the reasons for that approval; and (3) Be kept on file. [PL 1991, c. 314, §64 (RPR).] G. If the recommendations of the physician or medical staff member regarding the juvenile's dietary or other health needs while under observation are not carried out, the superintendent shall send a written justification to the commissioner. [PL 1991, c. 314, §64 (RPR).] H. A juvenile held under observation must be under sight and sound supervision by facility staff, which must be constant if necessary to prevent imminent harm to the juvenile. [PL 1995, c. 163, §1 (AMD).] [PL 1995, c. 163, §1 (AMD).]
34-A M.R.S. § 9631 — ME Code / Title 34-A / Chapter 9 / Section 9631
34-A §9631. Designation of courts
Status: in_force

The phrase "appropriate court" as used in Article I , with reference to the courts of this State, shall mean the District Court or the Superior Court, as applicable. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 7003 — ME Code / Title 34-B / Chapter 7 / Section 7003
34-B §7003. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).]

1. Custodian. "Custodian" means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. [PL 1983, c. 459, §7 (NEW).]

2. Disinterested expert. "Disinterested expert" means an appropriately licensed or certified professional not associated with an institution serving the person for whom sterilization is being sought and not personally related to the petitioner. [PL 1983, c. 459, §7 (NEW).]

3. Guardian. "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. [PL 1983, c. 459, §7 (NEW).]

4. Informed consent. "Informed consent" means consent that is: A. Based upon an actual understanding by the person to be sterilized of the nature of sterilization, its potentially permanent consequences, all alternative methods of contraception and all reasonably foreseeable risks and benefits of sterilization; and [PL 1983, c. 459, §7 (NEW).] B. Wholly voluntary and free from express or implied coercion. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

5. Parent. "Parent" means a natural or adoptive mother or father of a person. [PL 1983, c. 459, §7 (NEW).]

6. Physician. "Physician" means any person licensed to practice medicine under Title 32, chapter 48, subchapter II , or under Title 32, chapter 36, subchapters II and IV . [PL 1983, c. 459, §7 (NEW).]

7. Psychiatrist. "Psychiatrist" means a physician licensed to practice medicine under Title 32, chapter 48, subchapter II , who specializes in the diagnosis and treatment of mental disorders. [PL 1983, c. 459, §7 (NEW).]

8. Psychologist. "Psychologist" means any person licensed to practice psychology under Title 32, chapter 56, subchapter III . [PL 1983, c. 459, §7 (NEW).]

9. Sterilization. "Sterilization" means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. Sterilization does not refer to procedures which must be performed for distinct and urgent medical reasons and which have the unavoidable secondary effect of rendering the individual infertile. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3010 — ME Code / Title 34-B / Chapter 3 / Section 3010
34-B §3010. Access to mental health services (REALLOCATED FROM TITLE 34-B, SECTION 3009)
Status: in_force

(REALLOCATED FROM TITLE 34-B, SECTION 3009)

Any money that is identified as net General Fund savings through legislative actions or through departmental administrative actions due to the closure of or diminution of services at a state mental health institution or to lowered administrative costs within the department must be used to provide mental health services to persons in need of those services in other appropriate settings and programs, including, but not limited to, community-based mental health programs. For the purposes of this section, "net General Fund savings" means total savings in the General Fund projected to be available due to a series of specific actions less any cost or liability resulting from implementing those actions. [RR 1995, c. 2, §87 (RAL).]
34-A M.R.S. § 4202 — ME Code / Title 34-A / Chapter 3 / Section 4202
34-A §4202. Purposes
Status: in_force

The purposes of the facility include, but are not limited to, vocational and academic education and rehabilitative programs, including work release and work involving public restitution. [PL 2013, c. 508, §7 (NEW).]
34-A M.R.S. § 9601 — ME Code / Title 34-A / Chapter 9 / Section 9601
34-A §9601. Purpose and policy--Article I
Status: in_force

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trials of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from other jurisdictions, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 3863 — ME Code / Title 34-B / Chapter 3 / Section 3863
34-B §3863. Emergency procedure
Status: in_force

A person may be admitted to a psychiatric hospital on an emergency basis according to the following procedures. [PL 2007, c. 319, §9 (AMD).]

1. Application. Any health officer, law enforcement officer or other person may apply to admit a person to a psychiatric hospital, subject to the prohibitions and penalties of section 3805 , stating: A. The applicant's belief that the person is mentally ill and, because of the person's illness, poses a likelihood of serious harm; and [PL 2009, c. 651, §13 (AMD).] B. The grounds for this belief. [PL 1983, c. 459, §7 (NEW).] [PL 2009, c. 651, §13 (AMD).]

2. Certifying examination. The written application must be accompanied by a dated certificate, signed by a medical practitioner stating: A. That the practitioner has examined the person on the date of the certificate; [PL 2009, c. 651, §14 (AMD).] B. That the medical practitioner is of the opinion that the person is mentally ill and, because of that illness, poses a likelihood of serious harm. The written certificate must include a description of the grounds for that opinion. The opinion may be based on personal observation or on history and information from other sources considered reliable by the examiner, including, but not limited to, family members; and [PL 2015, c. 309, §2 (AMD).] C. That adequate community resources are unavailable for care and treatment of the person's mental illness. [PL 2015, c. 309, §2 (AMD).] D. [PL 2015, c. 309, §2 (RP).] [PL 2015, c. 309, §2 (AMD).]

2-A. Custody agreement. A state, county or municipal law enforcement agency may meet with representatives of those public and private health practitioners and health care facilities that are willing and qualified to perform the certifying examination required by this section in order to attempt to work out a procedure for the custody of the person who is to be examined while that person is waiting for that examination. Any agreement must be written and signed by and filed with all participating parties. In the event of failure to work out an agreement that is satisfactory to all participating parties, the procedures of section 3862 and this section continue to apply. As part of an agreement the law enforcement officer requesting certification may transfer protective custody of the person for whom the certification is requested to another law enforcement officer, a health officer if that officer agrees or the chief administrative officer of a public or private health practitioner or health facility or the chief administrative officer's designee. Any arrangement of this sort must be part of the written agreement between the law enforcement agency and the health practitioner or health care facility. In the event of a transfer, the law enforcement officer seeking the transfer shall provide the written application required by this section. A person with mental illness may not be detained or confined in any jail or local correctional or detention facility, whether pursuant to the procedures described in section 3862 , pursuant to a custody agreement or under any other circumstances, unless that person is being lawfully detained in relation to or is serving a sentence for commission of a crime. [PL 2007, c. 319, §9 (AMD).]

3. Judicial review. The application and accompanying certificate must be reviewed by a Justice of the Superior Court, Judge of the District Court, Judge of Probate or a justice of the peace, who may review the original application and accompanying certificate or a secure electronic or facsimile transmission of them. A. If the judge or justice finds the application and accompanying certificate to be regular and in accordance with the law, the judge or justice shall endorse them and promptly send them to the admitting psychiatric hospital. For purposes of carrying out the provisions of this section, an endorsement transmitted by facsimile machine or an electronic endorsement transmitted by secure electronic means has the same legal effect and validity as an original endorsement signed by the judge or justice. [PL 2023, c. 66, §2 (AMD).] B. A person may not be held against the person's will in a hospital under this section, except that a person for whom an examiner has executed the certificate under subsection 2 may be detained in a hospital for a reasonable period of time, not to exceed 24 hours, pending endorsement by a judge or justice, if: (1) For a person informally admitted under section 3831 , the chief administrative officer of the psychiatric hospital undertakes to secure the endorsement immediately upon execution of the certificate by the examiner; and (2) For a person sought to be involuntarily admitted under this section, the person or persons seeking the involuntary admission undertake to secure the endorsement immediately upon execution of the certificate by the examiner. [PL 2007, c. 319, §9 (AMD).] C. Notwithstanding paragraph B , subparagraphs (1) and (2), a person sought to be admitted informally under section 3831 or involuntarily under this section may be transported to a psychiatric hospital and held there for evaluation and treatment pending judicial endorsement of the application and certificate if the endorsement is obtained between the soonest available hours of 7:00 a.m. and 11:00 p.m. [PL 2007, c. 319, §9 (AMD).] D. A person who has been held against that person's will for no more than 24 hours pursuant to paragraph B may be held for a reasonable additional period of time, not to exceed 48 hours, if: (1) The hospital has had an evaluation of the person conducted by an appropriately designated individual and that evaluation concludes that the person poses a likelihood of serious harm due to mental illness; (2) The hospital, after undertaking its best efforts, has been unable to locate an available inpatient bed at a psychiatric hospital or other appropriate alternative; and (3) The hospital has notified the department of the name of the person, the location of the person, the name of the appropriately designated individual who conducted the evaluation pursuant to subparagraph (1) and the time the person first presented to the hospital. [PL 2015, c. 309, §3 (NEW).] E. If a person remains in a hospital for the full 48 hours allowed under paragraph D , the person may be held for one additional 48-hour period, if: (1) The hospital satisfies again the requirements of paragraph D ; and (2) The department provides its best efforts to find an inpatient bed at a psychiatric hospital or other appropriate alternative. [PL 2015, c. 309, §3 (NEW).] [PL 2023, c. 66, §2 (AMD).]

4. Custody and transportation. Custody and transportation under this section are governed as follows. A. Upon endorsement of the application and certificate by the judge or justice, a law enforcement officer or other person designated by the judge or justice may take the person into custody and transport that person to the psychiatric hospital designated in the application. Transportation of an individual to a psychiatric hospital under these circumstances must involve the least restrictive form of transportation available that meets the clinical needs of that individual. [PL 2007, c. 319, §9 (AMD).] B. The Department of Health and Human Services is responsible for any reasonable transportation expenses under this section, including return from the psychiatric hospital if admission is declined. The department shall utilize any 3rd-party payment sources that are available. [PL 2015, c. 309, §4 (AMD).] C. When a person who is under a sentence or lawful detention related to commission of a crime and who is incarcerated in a jail or local correctional or detention facility is admitted to a psychiatric hospital under any of the procedures in this subchapter, the county where the incarceration originated shall pay all expenses incident to transportation of the person between the psychiatric hospital and the jail or local correctional or detention facility. [PL 2007, c. 319, §9 (AMD).] [PL 2015, c. 309, §4 (AMD).]

5. Continuation of hospitalization. [PL 2009, c. 651, §15 (RP).]

5-A. Continuation of hospitalization. If there is need for further hospitalization of the person as determined by the chief administrative officer of the hospital, the chief administrative officer shall first determine if the person may be informally admitted under section 3831 . If informal admission is not suitable or is refused by the person, the chief administrative officer may seek involuntary commitment in accordance with this subsection. A. If the person is at a state mental health institute, the chief administrative officer may seek involuntary commitment by applying for an order under section 3864 . [PL 2009, c. 651, §16 (NEW).] B. If the person is at a designated nonstate mental health institution, the chief administrative officer may seek involuntary commitment only by requesting the commissioner to apply for an order under section 3864 . [PL 2009, c. 651, §16 (NEW).] C. An application under this subsection must be made to the District Court having territorial jurisdiction over the psychiatric hospital to which the person is admitted on an emergency basis and must be filed within 3 days from the date of admission of the patient under this section, except that, if the 3rd day falls on a weekend or holiday, the application must be filed on the next business day following that weekend or holiday. If no application to the District Court is timely filed, the person must be promptly discharged. [PL 2009, c. 651, §16 (NEW).] [PL 2009, c. 651, §16 (NEW).]

6. Notice. Upon admission of a person under this section, and after consultation with the person, the chief administrative officer of the psychiatric hospital shall notify, as soon as possible regarding the fact of admission, the person's: A. Guardian, if known; [PL 1997, c. 422, §12 (AMD).] B. Spouse; [PL 1997, c. 422, §12 (AMD).] C. Parent; [PL 1997, c. 422, §12 (AMD).] D. Adult child; or [PL 1997, c. 422, §12 (AMD).] E. Either the next of kin or a friend, if no guardian or immediate family member is known or can be quickly located. [PL 2009, c. 651, §17 (AMD).] If the chief administrative officer has reason to believe that notice to any individual in paragraphs A to E would pose risk of harm to the person admitted, then notice may not be given to that individual. [PL 2009, c. 651, §17 (AMD).]

6-A. Notification to law enforcement of release after examination. When a person is taken by a law enforcement officer to a hospital for examination under this section and not admitted but released, the chief administrative officer of the hospital shall notify the law enforcement officer or the law enforcement officer’s agency of that release. [PL 2009, c. 451, §10 (NEW).]

7. Post-admission examination. Every patient admitted to a psychiatric hospital under this section must be examined as soon as practicable after the patient's admission. If findings required for admission under subsection 2 are not certified in a 2nd opinion by a staff medical practitioner within 24 hours after admission, the person must be immediately discharged. A. [PL 2009, c. 651, §18 (RP).] B. [PL 2009, c. 651, §18 (RP).] C. [PL 2009, c. 651, §18 (RP).] [PL 2021, c. 389, §1 (AMD).]

7-A. Post-admission discharge. If it is necessary to discharge a person because findings required for admission under subsection 2 are not certified in a 2nd opinion by a staff medical practitioner after examination in accordance with subsection 7 , the staff medical practitioner shall record the discharge on the written application, which must contain a statement that the findings required for the person's admission specified under subsection 2 were not met. [PL 2021, c. 389, §2 (AMD).]

8. Rehospitalization from progressive treatment program. An ACT team practitioner or the commissioner may apply under this section to admit to a state mental health institute a patient who fails to fully participate in the progressive treatment program in accordance with section 3873‑A . [PL 2009, c. 651, §19 (AMD).]

9. Limitation. Admission to a psychiatric hospital on an emergency basis under the provisions of this section is not commitment to a psychiatric hospital. [PL 2011, c. 541, §2 (NEW).]
34-A M.R.S. § 3061 — ME Code / Title 34-A / Chapter 3 / Section 3061
34-A §3061. Transfer to correctional facilities
Status: in_force

1. Transfer. The commissioner may transfer any client from one correctional or detention facility or program, including prerelease centers, work release centers, halfway houses, supervised community confinement or specialized treatment facilities, to another. A juvenile may not be transferred to another facility or program for adult offenders and an adult offender may not be transferred to another facility or program for juveniles, except that an adult offender may be housed in the Long Creek Youth Development Center pursuant to Title 17‑A, section 1611 . [PL 2023, c. 135, §9 (AMD).]

2. Applicable rules. Any person transferred under this section shall be subject to the general rules of the facility or program to which he is transferred, except that: A. The term of his original sentence or commitment remains the same unless altered by the court; and [PL 1983, c. 581, §§26, 59 (RPR).] B. The person becomes eligible for release and discharge as provided in Title 17‑A, section 2314 . [PL 2019, c. 113, Pt. C, §99 (AMD).] [PL 2019, c. 113, Pt. C, §99 (AMD).]
34-A M.R.S. § 11255 — ME Code / Title 34-A / Chapter 15 / Section 11255
34-A §11255. Public notification
Status: in_force

1. Department. Upon the conditional release or discharge of a registrant from a state correctional institution, the department shall give notice of the information under section 11254, subsection 1 to members of the public the department determines appropriate to ensure public safety. [PL 2003, c. 711, Pt. C, §28 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

2. Law enforcement agencies. Upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to section 11254, subsection 2 , a law enforcement agency shall notify members of a municipality that the law enforcement agency determines appropriate to ensure public safety. [PL 2003, c. 711, Pt. C, §28 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]
34-B M.R.S. § 5002 — ME Code / Title 34-B / Chapter 5 / Section 5002
34-B §5002. Policy
Status: in_force

1. Services. It is the policy of the State to provide education, training and habilitative services to persons with intellectual disabilities or autism who need those services, except that nothing in this chapter may replace or limit the right of any person with an intellectual disability or autism to treatment by spiritual means alone, through prayer, if that treatment is requested by the person or by the person's next of kin or guardian. [PL 2011, c. 542, Pt. A, §82 (AMD).]

2. Setting. It is the policy of the State that the setting for the services described in subsection 1 must, consistent with adequate care and treatment: A. Impose the fewest possible restrictions on the liberty of persons with intellectual disabilities or autism; and [PL 2011, c. 542, Pt. A, §82 (AMD).] B. Be as close as possible to the patterns and norms of the mainstream of society. [PL 1983, c. 459, §7 (NEW).] [PL 2011, c. 542, Pt. A, §82 (AMD).]
34-B M.R.S. § 6002 — ME Code / Title 34-B / Chapter 6 / Section 6002
34-B §6002. Autism spectrum disorder and autism defined
Status: in_force

1. Generally. "Autism spectrum disorder" or "autism" means a neurodevelopmental disorder characterized by symptoms that typically present in the early developmental period and result in clinically significant impairment in social, occupational or other important areas of functioning, including: A. Deficits in social communication and social interaction; and [PL 2023, c. 89, §10 (NEW).] B. Restricted repetitive behaviors, interests and activities. [PL 2023, c. 89, §10 (NEW).] [PL 2023, c. 89, §10 (RPR).]

2. Adult with autism spectrum disorder; adult with autism. "Adult with autism spectrum disorder" or "adult with autism" means an adult who has received a diagnosis that meets the diagnostic criteria of autism spectrum disorder, as set forth in department rules. A. [PL 2023, c. 89, §10 (RP).] B. [PL 2023, c. 89, §10 (RP).] [PL 2023, c. 89, §10 (RPR).]
34-A M.R.S. § 3806 — ME Code / Title 34-A / Chapter 3 / Section 3806
34-A §3806. Federal juvenile offenders
Status: in_force

The commissioner may contract with the Attorney General of the United States for the confinement and support in the Long Creek Youth Development Center of juvenile offenders against the laws of the United States in accordance with the United States Code, Title 18 , Sections 706 and 707. [PL 1983, c. 459, §6 (NEW); PL 2001, c. 439, Pt. G, §6 (AMD).]
34-A M.R.S. § 9403 — ME Code / Title 34-A / Chapter 9 / Section 9403
34-A §9403. Contracts--Article III
Status: in_force

Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. [PL 1983, c. 459, §6 (NEW).]

1. Contract provisions. Any such contract shall provide for: A. Its duration; [PL 1983, c. 459, §6 (NEW).] B. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance; [PL 1983, c. 459, §6 (NEW).] C. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; [PL 1983, c. 459, §6 (NEW).] D. Delivery and retaking of inmates; and [PL 1983, c. 459, §6 (NEW).] E. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. [PL 1983, c. 459, §6 (NEW).] The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9603 — ME Code / Title 34-A / Chapter 9 / Section 9603
34-A §9603. Request for final disposition--Article III
Status: in_force

1. Trial pending. Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner must be brought to trial within 180 days after the prisoner has caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of the prisoner's imprisonment and the prisoner's request for final disposition to be made of the indictment, information or complaint, except that, for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner must be accompanied by a certificate of the appropriate official having custody of the prisoner, 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. [PL 2019, c. 113, Pt. C, §104 (AMD).]

2. Request for final disposition. The written notice and request for final disposition referred to in subsection 1 shall be given or sent by the prisoner to the warden, Commissioner of Corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. [PL 1983, c. 459, §6 (NEW).]

3. Notification. The warden, Commissioner of Corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. [PL 1983, c. 459, §6 (NEW).]

4. Application. Any request for final disposition made by a prisoner pursuant to subsection 1 shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, Commissioner of Corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this subsection shall be accompanied by copies of the prisoner's written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, 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).]

5. Waiver of extradition. Any request for final disposition made by a prisoner pursuant to subsection 1 shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of subsection 1 and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with this agreement. Nothing in this subsection shall prevent the imposition of a concurrent sentence if otherwise permitted by law. [PL 1983, c. 459, §6 (NEW).]

6. Escape. Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in subsection 1 shall void the request. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9872 — ME Code / Title 34-A / Chapter 9 / Section 9872
34-A §9872. Definitions--Article 2
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 495, §1 (NEW).]

1. Adult. "Adult" means both an individual legally classified as an adult and a juvenile treated as an adult by court order, statute or operation of law. [PL 2003, c. 495, §1 (NEW).]

2. Bylaws. "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct. [PL 2003, c. 495, §1 (NEW).]

3. Commissioner. "Commissioner" means the voting representative of each compacting state appointed pursuant to section 9873 . [PL 2003, c. 495, §1 (NEW).]

4. Compact administrator. "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact. The compact administrator for Maine is the Commissioner of Corrections or the commissioner's designee. [PL 2003, c. 706, Pt. B, §6 (AMD).]

5. Compacting state. "Compacting state" means any state that has enacted the enabling legislation for this compact. [PL 2003, c. 495, §1 (NEW).]

6. Interstate commission. "Interstate commission" means the Interstate Commission for Adult Offender Supervision established in this subchapter. [PL 2003, c. 495, §1 (NEW).]

7. Member. "Member" means the commissioner of a compacting state or a designee who is a person officially connected with the commissioner. [PL 2003, c. 495, §1 (NEW).]

8. Noncompacting state. "Noncompacting state" means any state that has not enacted the enabling legislation for this compact. [PL 2003, c. 495, §1 (NEW).]

9. Offender. "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities or corrections or other criminal justice agencies. [PL 2003, c. 495, §1 (NEW).]

10. Person. "Person" means any individual, corporation, business enterprise or other legal entity, either public or private. [PL 2003, c. 495, §1 (NEW).]

11. Rules. "Rules" means acts of the interstate commission, duly promulgated pursuant to section 9878 , substantially affecting interested parties in addition to the interstate commission that have the force and effect of law in the compacting states. [PL 2003, c. 495, §1 (NEW).]

12. State. "State" means a state of the United States, the District of Columbia and any other territorial possession of the United States. [PL 2003, c. 495, §1 (NEW).]

13. State council. "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under section 9874 . [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 11252 — ME Code / Title 34-A / Chapter 15 / Section 11252
34-A §11252. Immunity from liability
Status: in_force

Neither the failure to perform the requirements of this chapter nor compliance with this chapter subjects any state, municipal or county official or employee to liability in a civil action. The immunity provided under this section applies to the release of relevant information to other officials or employees or to the general public. [PL 1999, c. 437, §2 (NEW).]
34-A M.R.S. § 5002 — ME Code / Title 34-A / Chapter 5 / Section 5002
34-A §5002. Pardons by the Governor
Status: in_force

This chapter does not deprive the Governor of the power to grant a pardon or commutation to any person sentenced to a correctional facility. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3103 — ME Code / Title 34-A / Chapter 3 / Section 3103
34-A §3103. Rulemaking
Status: in_force

The department shall adopt rules necessary to implement this article. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 315, §4 (NEW).]
34-B M.R.S. § 5467 — ME Code / Title 34-B / Chapter 5 / Section 5467
34-B §5467. Application and preliminary procedures
Status: in_force

1. Application. An application for adult developmental services, on a form provided by the commissioner, must be initiated at or referred to a regional office of the department. Except for referrals identifying a possible need for adult protective services, the department shall accept only those referrals to which the client or client's guardian has consented. [PL 2011, c. 542, Pt. A, §109 (AMD).]

2. Preliminary procedures. Within 10 work days from the day of the department's receipt of the application and a permission for service form signed by the client or the client's guardian, the department shall: A. Determine when a visit to observe the client in the client's current environment or other setting familiar and comfortable to the client will be appropriate and useful; [PL 2003, c. 389, §9 (AMD).] B. Obtain a brief family survey; [PL 1983, c. 459, §7 (NEW).] C. Make a preliminary identification of the client's abilities and needs and of the relevant services presently available to the client; [PL 2003, c. 389, §9 (AMD).] D. Ensure the client's access to an advocate throughout the process of adult developmental services under sections 5467 to 5471 ; [PL 2013, c. 21, §10 (AMD).] E. Determine what information is needed to establish eligibility; [PL 2003, c. 389, §9 (NEW).] F. Provide services or referral for services to meet singular immediate needs for the client's health and safety; and [PL 2003, c. 389, §9 (NEW).] G. Begin to gather information for a service plan or a personal plan. [PL 2003, c. 389, §9 (NEW).] [PL 2013, c. 21, §10 (AMD).]
34-B M.R.S. § 5606 — ME Code / Title 34-B / Chapter 5 / Section 5606
34-B §5606. Violations
Status: in_force

1. Reportable events. Any alleged violation of the rights of a person receiving services must be reported immediately to the advocacy agency designated pursuant to Title 5, section 19502 , referred to in this subsection as "the agency," and to the Attorney General's office. A. The agency shall investigate each alleged violation pursuant to section 5005‑A . [PL 2013, c. 310, §8 (AMD).] B. The agency may independently pursue a complaint or may pursue administrative, legal and other appropriate remedies on behalf of an individual with intellectual disabilities or autism. The agency may refuse to take action on any alleged violation that it considers to be trivial, to be moot or to lack merit or for which there is clearly another remedy available or may refer an individual who is the subject of an alleged violation to another agency or entity and collaborate with that agency or entity for the purpose of advocating for the rights and dignity of that individual. [PL 2013, c. 310, §8 (AMD).] [PL 2013, c. 310, §8 (AMD).]

2. Civil liability. Any person who violates or abuses any rights or privileges of persons receiving services granted by this subchapter is liable for damages as determined by law. A. Civil damages may be awarded for negligent or intentional violations of this subchapter. [PL 1983, c. 459, §7 (NEW).] B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to a civil action under this subchapter. [PL 1993, c. 326, §10 (AMD).] [PL 1993, c. 326, §10 (AMD).]

3. Prohibited acts; penalty; defense. A person is guilty of violation of the rights of a person with an intellectual disability or autism who is receiving services if that person intentionally violates or abuses any rights or privileges of persons receiving services granted by this subchapter. A. Violation of the rights of a person with an intellectual disability or autism who is receiving services is a Class E crime. [PL 2011, c. 542, Pt. A, §130 (AMD).] B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to prosecution under this subchapter. [PL 1993, c. 326, §10 (AMD).] [PL 2011, c. 542, Pt. A, §130 (AMD).]
34-B M.R.S. § 3003 — ME Code / Title 34-B / Chapter 3 / Section 3003
34-B §3003. Rules
Status: repealed

1. Promulgation. The commissioner shall adopt rules, subject to the Maine Administrative Procedure Act, Title 5, chapter 375 , for the enhancement and protection of the rights of clients receiving services from the department, from any hospital pursuant to subchapter IV or from any program or facility administered or licensed by the department under section 1203‑A . [PL 1993, c. 410, Pt. CCC, §17 (AMD).]

2. Requirements. The rules shall include, but are not limited to: A. Establishment of the right to provision of treatment and related services in the least restrictive appropriate setting; [PL 1983, c. 459, §7 (NEW).] B. Establishment of the right to an individualized treatment or service plan, to be developed with the participation of the client; [PL 1983, c. 459, §7 (NEW).] C. Standards for informed consent to treatment, including reasonable standards and procedural mechanisms for determining when to treat a client absent informed consent, consistent with applicable law, except that involuntary treatment of involuntarily hospitalized incapacitated persons who are unwilling or unable to comply with treatment is allowed solely in accordance with the provisions of section 3861, subsection 3 or section 3864, subsection 1‑A ; [PL 2007, c. 580, §1 (AMD).] D. Standards for participation in experimentation and research; [PL 1983, c. 459, §7 (NEW).] E. Standards pertaining to the use of seclusion and restraint; [PL 1983, c. 459, §7 (NEW).] F. Establishment of the right to appropriate privacy and to a humane treatment environment; [PL 1983, c. 459, §7 (NEW).] G. Establishment of the right to confidentiality of records and procedures pertaining to a person's right to access to that person's mental health care records; [RR 2019, c. 2, Pt. B, §93 (COR).] H. Establishment of the right to receive visitors and to communicate by telephone and mail; [PL 1983, c. 459, §7 (NEW).] I. Procedures to ensure that clients are notified of their rights; [PL 1983, c. 459, §7 (NEW).] J. The right to assistance in protecting a right or advocacy service in the exercise or protection of a right; [PL 1987, c. 246, §1 (AMD).] K. Provisions for a fair, timely and impartial grievance procedure for the purpose of ensuring appropriate administrative resolution of grievances with respect to infringement of rights; and [PL 1987, c. 246, §1 (AMD).] L. To the extent that state and community resources are available, establishment of the rights of long-term mentally ill clients containing the following requirements: (1) The right to a service system which employs culturally normative and valued methods and settings; (2) The right to coordination of the disparate components of the community service system; (3) The right to individualized developmental programming which recognizes that each long-term mentally ill individual is capable of growth or slowing of deterioration; (4) The right to a continuum of community services allowing a gradual transition from a more intense level of service; and (5) The right to the maintenance of natural support systems, such as family and friends of the long-term mentally ill individual and formal and informal networks of mutual and self-help. [PL 1987, c. 246, §2 (NEW).] [RR 2019, c. 2, Pt. B, §93 (COR).]

3. Public hearing. The commissioner shall hold a public hearing before adopting these rules and shall give notice of the public hearing pursuant to the Maine Administrative Procedure Act, Title 5, section 8053 . [PL 1995, c. 560, Pt. K, §32 (AMD).]

4. Legislative review. When a rule is proposed or adopted under this section, a copy of the proposed or adopted rule shall be sent to the legislative committee having jurisdiction over health and institutional services. A. The committee may review the rule and, if it determines that an adopted rule should be stricken or amended, the committee may prepare legislation to accomplish that purpose and submit the legislation to the full Legislature in accordance with legislative rules. [PL 1983, c. 459, §7 (NEW).] B. The adopted rule shall remain in effect unless the full Legislature acts to strike or amend it, or it is repealed or amended by the director in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3905 — ME Code / Title 34-A / Chapter 3 / Section 3905
34-A §3905. Downeast Correctional Facility employees
Status: in_force

Employees of the Downeast Correctional Facility have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the warden. [PL 2023, c. 135, §12 (AMD).]
34-B M.R.S. § 1203-B — ME Code / Title 34-B / Chapter 1 / Section 1203-B
34-B §1203-B. Licenses for agencies that provide services to adults with certain conditions
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agency" means a firm, association, corporation or nonprofit organization. [PL 2023, c. 89, §7 (NEW).] B. "Related condition" means a condition that meets the definition of 42 Code of Federal Regulations, Section 435.1010 in effect January 1, 2023. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

2. License required. An agency that provides a service, if the service provided is funded in whole or in part by the department, to an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury, including a service provided under Title 22, section 3089 , may not provide that service without a license issued by the department as provided by this section. This section applies to: A. A provider of services regarding case management or care coordination, home support, community support, employment support, personal support and residential services; and [PL 2023, c. 89, §7 (NEW).] B. A residential care facility that provides a setting for an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

2-A. Licensing fees and terms. Fees and terms for licenses under this section are as follows. A. The application fee for a provisional license may not be less than $100 nor more than $280. The term of a provisional license is established pursuant to subsection 5, paragraph B . [PL 2025, c. 388, Pt. XX, §1 (NEW).] B. The application fee for a full license may not be less than $100 nor more than $280. The term of a full license is for 2 years. [PL 2025, c. 388, Pt. XX, §1 (NEW).] C. The fee for the biennial renewal of a full license may not be less than $70 nor more than $170. [PL 2025, c. 388, Pt. XX, §1 (NEW).] D. The processing fee to add a service site to an issued license may not be less than $35 nor more than $70. [PL 2025, c. 388, Pt. XX, §1 (NEW).] E. The processing fee to add a service to an issued license may not be less than $70 nor more than $140. [PL 2025, c. 388, Pt. XX, §1 (NEW).] F. A licensee under this section shall maintain a valid license. An issued license is not valid when the information on the license is no longer accurate. A processing fee not to exceed $10 must be paid to the department to secure a reissued license with accurate information. The fee applies to each license replaced. The reissued license must have the same expiration date as the replaced license. [PL 2025, c. 388, Pt. XX, §1 (NEW).] G. The transaction fee for the electronic renewal of a license may not be less than $25 nor more than $50. The transaction fee may not exceed the cost of providing the electronic renewal service. [PL 2025, c. 388, Pt. XX, §1 (NEW).] The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 388, Pt. XX, §1 (NEW).]

3. Full license. Full licenses under this section are governed as follows. A. The department may issue a full license to or renew a full license for an applicant that the department determines has complied with all applicable laws and rules. [PL 2023, c. 89, §7 (NEW).] B. A full license has a term not to exceed 2 years. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

4. Conditional license. Conditional licenses under this section are governed as follows. A. The department may issue a conditional license to an agency applying for or renewing a provisional or full license if: (1) The applicant fails to comply with applicable laws and rules; and (2) In the judgment of the department, the best interests of the public would be served by issuance of a conditional license. [PL 2025, c. 305, Pt. A, §9 (AMD).] B. A conditional license has a term for a specified period of time not to exceed one year or the remaining period of the full license, if the applicant has a full license and has applied for renewal, as determined by the department. The department shall determine the period of the license based on the severity of the laws or rules violated by the conditional licensee. The department shall specify the conditions imposed by the department and when the conditional licensee must comply with those conditions. [PL 2023, c. 89, §7 (NEW).] C. If a conditional licensee fails to comply with conditions imposed by the department, the department may initiate proceedings to revoke, suspend or refuse to renew the conditional license in accordance with Title 5, chapter 375 . [PL 2023, c. 89, §7 (NEW).] [PL 2025, c. 305, Pt. A, §9 (AMD).]

5. Provisional license. Provisional licenses under this section are governed as follows. A. The department may issue a provisional license to an agency that: (1) Has not previously operated as an agency serving an individual with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury; (2) Complies with all applicable laws and rules, except those that can be complied with only once the applicant serves clients; and (3) Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term. [PL 2023, c. 89, §7 (NEW).] B. A provisional license has a term for a specified period of time of at least 3 months but no longer than 12 months, as determined by the department. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

6. Qualifications for license. The department shall establish qualifications for a license issued under this section, including qualifications regarding: A. General requirements; [PL 2023, c. 89, §7 (NEW).] B. Professional personnel; [PL 2023, c. 89, §7 (NEW).] C. Paraprofessional personnel; [PL 2023, c. 89, §7 (NEW).] D. Treatment, services and the coordination of treatment and services; [PL 2023, c. 89, §7 (NEW).] E. Supervision of professional and nonprofessional personnel; [PL 2023, c. 89, §7 (NEW).] F. Organizational structure, including lines of authority; [PL 2023, c. 89, §7 (NEW).] G. Clinical records; [PL 2023, c. 89, §7 (NEW).] H. Business records; and [PL 2023, c. 89, §7 (NEW).] I. Other aspects of providing a service to an individual with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury that may be necessary to protect the public. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

7. License not assignable or transferable. A license issued under this section is not assignable or transferable. A license is immediately void if ownership or control of the agency changes. [PL 2023, c. 89, §7 (NEW).]

8. Quality assurance and technical assistance. The department may perform programmatic review of a licensee, monitor, audit and provide technical assistance to a licensee and otherwise ensure that a licensee is compliant with standards of operation set forth by the department. The department may: A. Issue a notice of deficiency for failure to comply with applicable state statutes or rules or federal regulations; and [PL 2023, c. 89, §7 (NEW).] B. Require licensees to submit and comply with acceptable plans of corrective action to remedy the deficiency for which notice was issued under paragraph A . [PL 2023, c. 89, §7 (NEW).] The department shall monitor each licensee for continued compliance with applicable laws and rules at least every 2 years. [PL 2023, c. 89, §7 (NEW).]

9. Confidentiality of records. A department record that contains personally identifiable information or health information and that is created or obtained in connection with the department's licensing or quality assurance powers under this section is confidential, with the exceptions of a notice of deficiency, a plan of corrective action and a final action with respect to a license or a quality assurance activity. [PL 2023, c. 89, §7 (NEW).]

10. Right of entry; investigation. The department has the right to enter and inspect the premises of an agency licensed by the department under this section, an agency requesting a license from the department under this section or an agency the department determines is operating without a license required by this section. A. The department has the right to inspect and copy any books, accounts, papers, records and other documents in order to determine the state of an agency's compliance with applicable laws and rules. [PL 2023, c. 89, §7 (NEW).] B. The department must enter the premises at a reasonable time. [PL 2023, c. 89, §7 (NEW).] C. To inspect an agency that the department knows or believes to be operating without a license, the department may enter only with the permission of the owner or person in charge or with an administrative inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E by the District Court authorizing entry and inspection. An owner or operator of an agency that is unlicensed may not interfere with, impede or obstruct an investigation by the department. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

11. Enforcement. The following provisions govern enforcement of this section. A. When an applicant or licensee fails to comply with applicable laws and rules or a plan of corrective action, the department may refuse to issue or renew the license or may impose one or more of the following sanctions if the department determines that a sanction is necessary and appropriate to ensure compliance with applicable laws or rules or to protect an individual served by an agency. The department may direct the licensee or applicant to: (1) Stop all new admissions or intake of new clients, regardless of payment source, until the department determines that corrective action has been taken; and (2) Correct any deficiencies in a manner and within a time frame that the department determines is appropriate to ensure compliance with applicable laws or rules or to protect a client of the licensee or applicant. [PL 2023, c. 89, §7 (NEW).] B. If, at the expiration of a full or provisional license or during the term of a full license, a licensee fails to comply with applicable laws and rules and, in the judgment of the department, the best interest of the public would be served by the issuance of a conditional license, the department may issue a conditional license or change a full license to a conditional license. [PL 2023, c. 89, §7 (NEW).] C. A license issued under this section may be suspended or revoked for violation of applicable laws and rules; committing, permitting, aiding or abetting any illegal practices in the operation of the agency; or conduct or practices detrimental to the welfare of persons living in or attending a facility operated by the agency. [PL 2023, c. 89, §7 (NEW).] D. When the department determines that a license should be suspended or revoked, the department shall file a complaint with the District Court as provided in Title 5, chapter 375 . [PL 2023, c. 89, §7 (NEW).] E. The department may petition the Superior Court to appoint a receiver to operate an agency in the same manner as for a long-term care facility under Title 22, chapter 1666‑A . [PL 2023, c. 89, §7 (NEW).] F. The department may impose a penalty on a licensee for a violation of this section. The department shall establish a schedule of penalties according to the nature of the violation. Each day of violation constitutes a separate offense. [PL 2023, c. 89, §7 (NEW).] G. The department may impose a penalty on an agency required to be licensed under this section that is operating without the required license. The minimum penalty for operating without a license is $500 per day but not more than $10,000 in total. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

12. Appeals. A person aggrieved by a final action of the department under this section may obtain judicial review in accordance with Title 5, chapter 375 . A final action for purposes of this subsection includes: A. Issuing a conditional license; [PL 2023, c. 89, §7 (NEW).] B. Amending or modifying a license; [PL 2023, c. 89, §7 (NEW).] C. Refusing to issue or renew a full license; [PL 2023, c. 89, §7 (NEW).] D. Refusing to issue a provisional license; and [PL 2023, c. 89, §7 (NEW).] E. Imposing a sanction. [PL 2023, c. 89, §7 (NEW).] [PL 2023, c. 89, §7 (NEW).]

13. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 89, §7 (NEW).]

14. Transitional provisions. [PL 2023, c. 89, §7 (NEW); MRSA T. 34-B §1203-B, sub-§14 (RP).]
34-B M.R.S. § 9006 — ME Code / Title 34-B / Chapter 9 / Section 9006
34-B §9006. Transportation of patient--Article VI
Status: in_force

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 6242 — ME Code / Title 34-B / Chapter 6 / Section 6242
34-B §6242. Nonlapsing funds
Status: in_force

Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in the Mental Health Services - Child Medicaid account may not lapse but must be carried forward to be used for the same purposes. [PL 1995, c. 665, Pt. N, §2 (NEW).]
34-A M.R.S. § 9206 — ME Code / Title 34-A / Chapter 9 / Section 9206
34-A §9206. Federal aid--Article VI
Status: in_force

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that, if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1410 — ME Code / Title 34-B / Chapter 1 / Section 1410
34-B §1410. Posting of political material
Status: in_force

The chief administrative officer of each state institution shall provide in at least one accessible area in each institution an appropriate space for the posting of written political material sent for that purpose to the chief administrative officer by candidates for state office or federal office in this State. [PL 1983, c. 459, §7 (NEW).]

1. One item limit. Not more than one item of written political material may be posted in one place on behalf of any one candidate. [PL 1983, c. 459, §7 (NEW).]

2. Removal. Written political material shall be removed after the elections for which it is intended for use. [PL 1983, c. 459, §7 (NEW).]

3. Voting place. If there is a voting place within the institution, the posting place may not be located within 250 feet of the entrance to the voting place. [PL 1983, c. 459, §7 (NEW).]

4. Violation. The posting of written political material under this section is not a violation of Title 21‑A, section 32 or Title 21‑A, section 674, subsection 1, paragraph C . [PL 1993, c. 473, §44 (AMD); PL 1993, c. 473, §46 (AFF).]
34-B M.R.S. § 3603 — ME Code / Title 34-B / Chapter 3 / Section 3603
34-B §3603. Commissioner's duties
Status: in_force

The commissioner shall promulgate rules, according to the Maine Administrative Procedure Act, Title 5, chapter 375 , relating to the administration of the services authorized by this subchapter and to licensing under this subchapter. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 9609 — ME Code / Title 34-A / Chapter 9 / Section 9609
34-A §9609. Construction--Article IX
Status: in_force

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party 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 agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement 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. § 3814 — ME Code / Title 34-A / Chapter 3 / Section 3814
34-A §3814. Transportation
Status: in_force

All court-ordered and court-related transportation of juvenile detainees to and from the Long Creek Youth Development Center is the responsibility of the sheriff of the county in which the court is located. [PL 1991, c. 314, §65 (NEW); PL 2001, c. 439, Pt. G, §6 (AMD).]
34-A M.R.S. § 3047 — ME Code / Title 34-A / Chapter 3 / Section 3047
34-A §3047. Discharge or parole
Status: in_force

When any prisoner sentenced to the department is paroled or discharged, the commissioner: [PL 1991, c. 314, §52 (AMD).]

1. Clothing. Shall ensure that the prisoner is provided with decent clothing; [PL 1991, c. 314, §52 (AMD).]

2. Money. May give the prisoner an amount equal to the net salary of a single wage earner with no dependents for 40 hours of work at the state minimum wage less all applicable state and federal deductions except that any amount in excess of $50 may not be provided by the General Fund, except that the commissioner may not give money to a prisoner who: A. Has, within the 6 months prior to the date of parole or discharge, transferred from the department's general client account to any person more than $500, excluding any money transferred for the support of dependents or a credit improvement loan in accordance with section 3039, subsection 6 ; or [PL 2025, c. 6, §6 (AMD).] B. Has, on the date of parole or discharge, more than $500 in personal assets not including a credit improvement loan in accordance with section 3039, subsection 6 . [PL 2025, c. 6, §7 (AMD).] Money received by the prisoner under this subsection is not subject to section 3032, subsection 5‑A or 5‑B or Title 17‑A, section 2016, subsection 2 ; [PL 2025, c. 6, §§6, 7 (AMD).]

3. Transportation. Shall furnish transportation to the place where the prisoner was convicted, except that: A. If the prisoner's home is within the State, transportation must be furnished to the prisoner's home; [PL 1991, c. 314, §52 (AMD).] B. If the prisoner has secured employment within the State, transportation must be furnished to the place of employment; [PL 1991, c. 314, §52 (AMD).] C. If the prisoner's home is outside the State, or if the prisoner has secured employment outside the State, transportation must be furnished to the place on the Maine border nearest the place of employment; or [PL 1991, c. 314, §52 (AMD).] D. If the prisoner requests a reasonable place nearer the place of incarceration than any of the foregoing, transportation must be furnished to that place; or [PL 1991, c. 314, §52 (AMD).] [PL 1991, c. 314, §52 (AMD).]

4. Extreme circumstances. May, in extreme circumstances, if the prisoner's home is outside the State, or if the prisoner has secured employment outside the State, furnish transportation to the prisoner's home or place of employment. [PL 1991, c. 314, §52 (AMD).]
34-A M.R.S. § 3231 — ME Code / Title 34-A / Chapter 3 / Section 3231
34-A §3231. Warden
Status: in_force

1. Chief administrative officer. The chief administrative officer of the Maine State Prison is called the warden. [PL 1999, c. 583, §18 (RPR).]

2. Duties. In addition to other duties set out in this Title, the warden shall supervise and control the prisoners, pretrial detainees, employees, grounds, buildings and equipment at the prison. [PL 1999, c. 583, §18 (RPR).]

3. Powers. In addition to other powers granted in this Title, the warden has the following powers. A. The warden may appoint deputy wardens, subject to the Civil Service Law. A deputy warden designated by the warden has the powers, duties, obligations and liabilities of the warden when the warden is absent or is unable to perform the duties of the office. [PL 2025, c. 4, §1 (AMD).] B. The warden may, with the written approval of the commissioner, contract with the Director of the Federal Bureau of Prisons acting pursuant to the United States Code, Title 18, Section 4002 , for the imprisonment, subsistence, care and proper employment of persons convicted of crimes against the United States, and may receive and detain such persons pursuant to the contracts. [PL 1999, c. 583, §18 (RPR).] [PL 2025, c. 4, §1 (AMD).]

4. Powers. [PL 1999, c. 583, §18 (RP).]

5. [PL 1983, c. 581, §§37, 59 (RP).]
34-B M.R.S. § 6001 — ME Code / Title 34-B / Chapter 6 / Section 6001
34-B §6001. Legislative intent
Status: in_force

It is the intent of the Legislature that social and habilitative services directed at persons who have been diagnosed as having autism or other pervasive developmental disorders be developed and planned for, to the extent that resources permit, by the Department of Health and Human Services. [PL 2011, c. 542, Pt. A, §132 (AMD).]
34-A M.R.S. § 3069-B — ME Code / Title 34-A / Chapter 3 / Section 3069-B
34-A §3069-B. Placement of defendants for observation
Status: in_force

1. Acceptance of placement. The commissioner may accept the placement of an adult defendant in a mental health unit of a correctional facility that provides intensive mental health care and treatment for observation whom a court commits to the custody of the Commissioner of Health and Human Services under Title 15, section 101‑D, subsection 4 if, in addition to the findings required under Title 15, section 101‑D, subsection 4 , the court, after hearing, finds by clear and convincing evidence that: A. The defendant is a person with mental illness and, as a result of the defendant's mental illness, the defendant poses a likelihood of serious harm to others; [PL 2013, c. 434, §6 (NEW).] B. There is not sufficient security at a state mental health institute to address the likelihood of serious harm; and [PL 2013, c. 434, §6 (NEW).] C. There is no other less restrictive alternative to placement in a mental health unit of a correctional facility. [PL 2013, c. 434, §6 (NEW).] The commissioner may not accept the placement of a person who has been found not criminally responsible by reason of insanity. For purposes of this subsection, "intensive mental health care and treatment" has the same meaning as in section 3049, subsection 1. [PL 2013, c. 434, §6 (NEW).]

2. Termination of placement. The commissioner may terminate the placement of a defendant accepted pursuant to this section if the commissioner determines that the likelihood of serious harm posed by the defendant has decreased or the security at a state mental health institute has increased or for any other reason. [PL 2013, c. 434, §6 (NEW).]

3. Disclosure of information. With respect to an adult defendant who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4 , the commissioner may make it a prerequisite to accepting placement of the defendant under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B . [PL 2013, c. 434, §6 (NEW).]

4. Application of other laws. All other applicable provisions of law governing defendants committed for observation apply to defendants accepted for placement under this section. [PL 2013, c. 434, §6 (NEW).]

5. Discretion. Nothing in this section or in any other provision of law requires the commissioner to accept the placement of a defendant who is committed for observation. [PL 2013, c. 434, §6 (NEW).]

6. Repeal. [PL 2017, c. 147, §5 (RP).]
34-A M.R.S. § 3236 — ME Code / Title 34-A / Chapter 3 / Section 3236
34-A §3236. Chaplain
Status: in_force

1. Appointment. The warden shall appoint suitable persons as chaplains. Notwithstanding Title 5, section 902, subsection 3 , any part-time chaplain position at the Maine State Prison may be a job-sharing position. [PL 1991, c. 74 (AMD).]

2. Duties. The prison chaplains shall, in accordance with the rules of the prison: A. Conduct religious services; [PL 1983, c. 459, §6 (NEW).] B. Visit the sick; [PL 1983, c. 459, §6 (NEW).] C. Labor diligently and faithfully for the mental, moral and religious improvement of the prisoners; and [PL 1983, c. 459, §6 (NEW).] D. Aid the prisoners, when practicable, in obtaining employment after their discharge. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

3. Powers. The chaplains may, with the assent of the warden, establish a religious educational program and may admit persons of proper character from outside the prison to assist in it. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 3622 — ME Code / Title 34-B / Chapter 3 / Section 3622
34-B §3622. Crisis intervention team
Status: in_force

1. Established. A community-based crisis intervention team shall be established to provide crisis intervention on a 24-hour, 7-days-a-week basis to mentally ill people and to provide crisis intervention training for emergency room personnel. [PL 1987, c. 349, Pt. H, §21 (NEW).]

2. Qualifications. The team shall be comprised of qualified mental health professionals with training and experience in assessment and intervention with mentally ill people in a crisis. In addition, the team members shall have a working knowledge of case management, the mental health system and area resources. [PL 1987, c. 349, Pt. H, §21 (NEW).]
34-A M.R.S. § 3040 — ME Code / Title 34-A / Chapter 3 / Section 3040
34-A §3040. Clients' property presumed abandoned
Status: in_force

Any property abandoned or unclaimed by a client in a correctional or detention facility must be disposed of according to Title 33, chapter 45 . [PL 2019, c. 498, §23 (AMD).]
34-B M.R.S. § 3831 — ME Code / Title 34-B / Chapter 3 / Section 3831
34-B §3831. Admission
Status: in_force

A psychiatric hospital may admit on an informal voluntary basis for care and treatment of a mental illness any person desiring admission or the adult ward of a legally appointed guardian, subject to the following conditions. [PL 2007, c. 319, §6 (AMD).]

1. Availability of accommodations. Except in cases of medical emergency, voluntary admission is subject to the availability of suitable accommodations. [PL 1983, c. 459, §7 (NEW).]

2. Standard hospital information. Standard hospital information may be elicited from the person if, after examination, the chief administrative officer of the psychiatric hospital determines the person suitable for admission, care and treatment. [PL 2007, c. 319, §6 (AMD).]

3. Persons under 18 years of age. Any person under 18 years of age must have the consent of the person's parent or guardian. [PL 2007, c. 319, §6 (AMD).]

4. State mental health institute. Any person under 18 years of age must have the consent of the commissioner for admission to a state mental health institute. [PL 1983, c. 459, §7 (NEW).]

5. Adults under guardianship. An adult ward may be admitted on an informal voluntary basis only if the adult ward's legally appointed guardian consents to the admission and the ward makes no objection to the admission. [PL 2007, c. 319, §6 (AMD).]

6. Adults with advance health care directives. An adult with an advance health care directive authorizing psychiatric hospital treatment may be admitted on an informal voluntary basis if the conditions specified in the advance health care directive for the directive to be effective are met in accordance with the method stated in the advance health care directive or, if no such method is stated, as determined by a physician or a psychologist. If no conditions are specified in the advance health care directive as to how the directive becomes effective, the person may be admitted on an informal voluntary basis if the person has been determined to be incapacitated pursuant to Title 18‑C, Article 5, Part 8 . A person may be admitted only if the person does not at the time object to the admission or, if the person does object, if the person has directed in the advance health care directive that admission to the psychiatric hospital may occur despite that person's objections. The duration of the stay in the psychiatric hospital of a person under this subsection may not exceed 5 working days. If at the end of that time the chief administrative officer of the psychiatric hospital recommends further hospitalization of the person, the chief administrative officer shall proceed in accordance with section 3863, subsection 5‑A . This subsection does not create an affirmative obligation of a psychiatric hospital to admit a person consistent with the person's advance health care directive. This subsection does not create an affirmative obligation on the part of the psychiatric hospital or treatment provider to provide the treatment consented to in the person's advance health care directive if the physician or psychologist evaluating or treating the person or the chief administrative officer of the psychiatric hospital determines that the treatment is not in the best interest of the person. [PL 2017, c. 402, Pt. C, §95 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
34-A M.R.S. § 1202 — ME Code / Title 34-A / Chapter 1 / Section 1202
34-A §1202. Establishment
Status: in_force

There is established a Department of Corrections to be responsible for the direction and general administrative supervision, guidance and planning of adult and juvenile correctional facilities and programs within the State. [PL 1983, c. 459, §6 (NEW).]

1. Cabinet level. The department is a cabinet-level department. [PL 1983, c. 459, §6 (NEW).]

2. Commissioner. The department is under the control and supervision of the Commissioner of Corrections. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3813 — ME Code / Title 34-A / Chapter 3 / Section 3813
34-A §3813. Power of facility employees
Status: in_force

The Long Creek Youth Development Center employees have the same power as sheriffs in their respective counties to search for and apprehend escapees from the facility, when authorized to do so by the superintendent. [PL 1999, c. 583, §37 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).]
34-A M.R.S. § 9913 — ME Code / Title 34-A / Chapter 9 / Section 9913
34-A §9913. Binding effect of compact and other laws -- Article 13
Status: in_force

1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws, other than state constitutions and other interstate compacts, conflicting with this compact are superseded to the extent of the conflict. [PL 2003, c. 500, §1 (NEW).]

2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states. All agreements between the interstate commission and the compacting states are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation. If a provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction to be conferred by such provision upon the interstate commission is ineffective. The obligations, duties, powers or jurisdiction remains in the compacting state and is exercised by the agency of the compacting state to which the obligations, duties, powers or jurisdiction is delegated by law in effect at the time this compact becomes effective. [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 11204 — ME Code / Title 34-A / Chapter 15 / Section 11204
34-A §11204. Rulemaking
Status: in_force

The bureau may adopt rules necessary to implement this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 423, §8 (NEW).]
34-B M.R.S. § 3912 — ME Code / Title 34-B / Chapter 3 / Section 3912
34-B §3912. Veterans Mental Health Case Management and Services Fund
Status: in_force

The Veterans Mental Health Case Management and Services Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the department. The fund is administered by the department to support the provision of case management services for veterans under this subchapter. [PL 2021, c. 430, §2 (NEW).]
34-B M.R.S. § 5610 — ME Code / Title 34-B / Chapter 5 / Section 5610
34-B §5610. Service delivery
Status: in_force

1. Guiding service delivery. The delivery of services by providers of services and the department to persons with intellectual disabilities, autism or acquired brain injuries is guided by the following. A. Persons with intellectual disabilities, autism or acquired brain injuries have the same rights as all citizens, including the rights to live, work and participate in the life of the community. [PL 2021, c. 284, Pt. A, §23 (AMD).] B. Community inclusion is achieved by connecting persons and their families, whenever possible, to local and generic supports within the community and by the use of residential services that are small and integrated into the community. [PL 2007, c. 356, §27 (NEW); PL 2007, c. 356, §31 (AFF).] C. Real work for real pay for persons in integrated settings in the community is the cornerstone of all vocational and employment services. [PL 2007, c. 356, §27 (NEW); PL 2007, c. 356, §31 (AFF).] D. Service delivery to persons with intellectual disabilities, autism or acquired brain injuries is based on the following fundamentals: (1) Maximizing the growth and development of the person and inclusion in the community; (2) Maximizing the person's control over that person's life; (3) Supporting the person in that person's own home; (4) Acknowledging and enhancing the role of the family, as appropriate, as the primary and most natural caregiver; and (5) Planning for the delivery of community services that: (a) Promotes a high quality of life; (b) Is based on ongoing individualized assessment of the strengths, needs and preferences of the person and the strengths of that person's family; and (c) Identifies and considers connections in other areas of the person's life, including but not limited to family, allies, friends, work, recreation and spirituality. [PL 2021, c. 284, Pt. A, §23 (AMD).] [PL 2021, c. 284, Pt. A, §23 (AMD).]
34-A M.R.S. § 9202 — ME Code / Title 34-A / Chapter 9 / Section 9202
34-A §9202. Definitions--Article II
Status: in_force

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

5. State. "State" means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1218-A — ME Code / Title 34-B / Chapter 1 / Section 1218-A
34-B §1218-A. Baxter Counseling Services Program
Status: in_force

The Baxter Counseling Services Program, referred to in this section as "the program," is established within the department to facilitate the delivery of therapeutic counseling services for eligible former students of the Maine School for the Deaf or the Governor Baxter School for the Deaf without cost to individuals. Services facilitated under the program are limited to therapeutic counseling services for eligible former students. The department shall ensure that therapeutic counseling services provided under the program are reimbursed under the MaineCare program to the maximum extent possible. [PL 2023, c. 412, Pt. TTTT, §1 (NEW); PL 2023, c. 412, Pt. TTTT, §3 (AFF).]

1. Eligibility. This subsection governs eligibility for therapeutic counseling services under the program. Eligibility is limited to individuals who are former students of the Maine School for the Deaf or the Governor Baxter School for the Deaf and who attended or graduated before July 1, 2001. [RR 2023, c. 2, Pt. A, §53 (COR).]

2. Facilitation of counseling services. The department shall facilitate therapeutic counseling services through contracts with mental health providers that specialize in services for individuals who are deaf, hard of hearing and late deafened. New contracts entered into with mental health providers that do not have a contract with the State must enroll as MaineCare providers. The department, as payor of last resort, shall provide General Fund contracts for therapeutic counseling services for individuals who do not receive MaineCare benefits and for individuals who are uninsured or underinsured. The department shall assist mental health providers in navigating reimbursement under the MaineCare program. The department shall monitor contracts to ensure compliance related to program eligibility, MaineCare policies and department licensure requirements. Therapeutic counseling services funded under the program may not exceed $170,000 per year. [PL 2023, c. 412, Pt. TTTT, §1 (NEW); PL 2023, c. 412, Pt. TTTT, §3 (AFF).]
34-A M.R.S. § 3803 — ME Code / Title 34-A / Chapter 3 / Section 3803
34-A §3803. Superintendent
Status: in_force

The chief administrative officer of the Long Creek Youth Development Center is called the superintendent. [PL 1983, c. 459, §6 (NEW); PL 2001, c. 439, Pt. G, §6 (AMD).]
34-A M.R.S. § 11404 — ME Code / Title 34-A / Chapter 19 / Section 11404
34-A §11404. Organization; meetings
Status: in_force

The Attorney General shall notify all members of the commission of the time and place of the first meeting of the commission. At that meeting, the commission shall elect a chair, vice-chair and secretary-treasurer and adopt provisions regarding the administration of the commission and its affairs. The commission may meet as frequently as the commission determines necessary. [PL 2015, c. 86, §4 (NEW).]
34-B M.R.S. § 5604-A — ME Code / Title 34-B / Chapter 5 / Section 5604-A
34-B §5604-A. Duty to report incidents; Adult Protective Services Act and rights violations
Status: in_force

1. Report incident. A person with knowledge about an incident related to client care, including client-to-client assault, staff-to-client assault, use of seclusion or excessive use of mechanical or chemical restraint, incidents stemming from questionable psychiatric and medical practice or any other alleged abuse or neglect, shall immediately report the details of that incident pursuant to policies and procedures established by the department in rules. [PL 2007, c. 356, §24 (NEW); PL 2007, c. 356, §31 (AFF).]

2. Maintain reporting system. The department shall maintain a reportable event and adult protective services system that provides for receiving reports of alleged incidents, prioritizing such reports, assigning reports for investigation by qualified investigators, reviewing the adequacy of the investigations, making recommendations for preventive and corrective actions as appropriate and substantiating allegations of abuse, neglect or exploitation in accordance with Title 22, chapter 958‑A . The department shall fully establish the reportable event and adult protective services system through rulemaking. [PL 2019, c. 661, §4 (AMD).]

3. Violation. All persons with knowledge of an alleged violation of the rights of an individual with an intellectual disability or autism as set out in section 5605 shall promptly report the details of the alleged violation to the advocacy agency designated pursuant to Title 5, section 19502 as set forth in department rules. [PL 2011, c. 657, Pt. EE, §8 (AMD).]

4. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 356, §24 (NEW); PL 2007, c. 356, §31 (AFF).]
34-A M.R.S. § 4201 — ME Code / Title 34-A / Chapter 3 / Section 4201
34-A §4201. Establishment
Status: in_force

There is established the Bolduc Correctional Facility, referred to in this subchapter as "the facility," located in Warren in Knox County for the confinement and rehabilitation of persons who have been duly convicted and sentenced to the Department of Corrections. [PL 2013, c. 508, §7 (NEW).]
34-B M.R.S. § 6204 — ME Code / Title 34-B / Chapter 6 / Section 6204
34-B §6204. Department duties
Status: in_force

1. Duties. The department shall: A. Strengthen the capacity of families, natural helping networks, self-help groups and other community resources to support and serve children in need of treatment; [PL 1985, c. 503, §12 (NEW).] B. Facilitate the planning, promoting, coordination, delivery and evaluation of a complete and integrated statewide system of services to children in need of treatment and their families; and [PL 1985, c. 503, §12 (NEW).] C. Support those services appropriate to children in need of treatment and their families, including, but not necessarily limited to, the following: (1) Advocacy; (2) Assessment and diagnosis; (3) Child development; (4) Consultation and education; (5) Crisis intervention; (6) Family guidance and counseling; (7) Preventive intervention; (8) Professional consultation and training; (9) Respite care and other family support services; and (10) Treatment. [PL 1987, c. 349, Pt. H, §27 (AMD).] [PL 1995, c. 560, Pt. K, §71 (AMD).]

2. Powers. The department may perform the duties described in subsection 1 and may provide services to children in need of treatment through state-operated facilities and programs or through contracts and grants to public and private agencies. In all cases, the department shall ensure that services are provided in the least restrictive setting consistent with the child's needs, commensurate with the resources available to the department and in coordination with services and resources of other state agencies serving children and families. Emphasis must be placed on maintaining each child in the child's natural home or in an alternative placement within the community whenever possible. [PL 1995, c. 560, Pt. K, §71 (AMD).]

2-A. Improvement and expansion of day treatment services for emotionally disabled children. The department shall work cooperatively with the Department of Corrections and Department of Education to improve and expand day treatment programs for school-age children who are emotionally disabled so that they and their families may receive necessary, appropriate and coordinated therapeutic and educational services in home and community settings, reducing the likelihood that out-of-home or residential treatment placements will be required. The department shall license these programs pursuant to sections 3603 and 3606. The Department of Education shall approve these programs pursuant to Title 20‑A, chapter 206 . The 2 departments shall jointly develop standards to ensure a consistent high quality throughout the State. [PL 2021, c. 348, §52 (AMD).]

3. Appointment of director. [PL 1995, c. 560, Pt. K, §71 (RP).]

4. Qualifications of director. [PL 1995, c. 560, Pt. K, §71 (RP).]

5. Term. [PL 1995, c. 560, Pt. K, §71 (RP).]

6. Duties and powers of director. [PL 1995, c. 560, Pt. K, §71 (RP).]
34-A M.R.S. § 3033 — ME Code / Title 34-A / Chapter 3 / Section 3033
34-A §3033. Work assignments
Status: in_force

1. Public works. The commissioner may authorize the employment of able-bodied prisoners in the construction and improvement of highways or other public works within the State under such arrangements as may be made with the Department of Transportation or with another department or commission of the State, county or municipality in charge of these public works, and the commissioner may prescribe whatever rules and conditions the commissioner considers expedient to ensure the proper care and treatment of the prisoners while so employed and to ensure their safekeeping and return. [PL 1989, c. 127, §7 (AMD).]

2. Fire or disaster. The commissioner may authorize the training and use of able-bodied prisoners by the Bureau of Forestry or the Maine Emergency Management Agency, to fight fires or provide assistance during or after a civil disaster. [PL 1989, c. 127, §8 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

3. Charitable property improvement. The commissioner may authorize the use of able-bodied prisoners to provide assistance in the improvement of property owned by charitable, nonprofit organizations. A. The commissioner shall promulgate such rules as he deems proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and departmental employees. [PL 1983, c. 581, §§ 18, 59 (NEW).] B. The commissioner may request that charitable, nonprofit organizations pay for the transportation of the prisoners and pay the per diem compensation of guards, correctional officers or instructors who must accompany the prisoners or oversee the work to be performed. [PL 1983, c. 581, §§ 18, 59 (NEW).] [PL 1983, c. 581, §§ 18, 59 (RPR).]

4. Prohibited act. A person is guilty of escape under Title 17‑A, section 755 , if that person is a prisoner and escapes from any assignments described in this section or from any other assignment beyond the walls or other security restraints surrounding a correctional facility or otherwise off the grounds of an assigned location. [PL 1989, c. 127, §9 (AMD).]
34-B M.R.S. § 3866 — ME Code / Title 34-B / Chapter 3 / Section 3866
34-B §3866. Members of the Armed Forces
Status: in_force

1. Admission to psychiatric hospital. Any member of the Armed Forces of the United States who was a resident of the State at the time of the member's induction into the service and who is determined by a federal board of medical officers to have a mental disease not incurred in line of duty must be received, at the discretion of the commissioner and without formal commitment, at either of the state mental health institutes, upon delivery at the institute designated by the commissioner of: A. The member of the Armed Forces; and [PL 1983, c. 459, §7 (NEW).] B. The findings of the board of medical officers that the member is mentally ill. [PL 2007, c. 319, §12 (AMD).] [PL 2007, c. 319, §12 (AMD).]

2. Status. After delivery of the member of the Armed Forces at the state mental health institute designated by the commissioner, the member's status is the same as if the member had been committed to the institute under section 3864 . [PL 2007, c. 319, §12 (AMD).]
34-B M.R.S. § 1224 — ME Code / Title 34-B / Chapter 1 / Section 1224
34-B §1224. Processing fee
Status: in_force

Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203‑A shall pay a processing fee not to exceed $10 to the department for the reissuance of a license when the licensee made changes that require the reissuance of a license. [PL 2009, c. 590, §7 (NEW).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 590, §7 (NEW).] Revisor's Note: §1224. Criminal background checks (As enacted by PL 2009, c. 621, §8 is REALLOCATED TO TITLE 34-B, SECTION 1225)
34-B M.R.S. § 1807 — ME Code / Title 34-B / Chapter 1 / Section 1807
34-B §1807. Rules
Status: in_force

The commissioner shall adopt rules in accordance with Title 5, chapter 375 to implement this subchapter. [PL 1991, c. 316, §2 (NEW).]
34-A M.R.S. § 11256 — ME Code / Title 34-A / Chapter 15 / Section 11256
34-A §11256. Risk assessment assistance
Status: in_force

Upon request, the department shall provide to law enforcement agencies technical assistance concerning risk assessment for purposes of notification to the public of a registrant's conditional release or discharge. [PL 2003, c. 711, Pt. C, §28 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]
34-B M.R.S. § 1406 — ME Code / Title 34-B / Chapter 1 / Section 1406
34-B §1406. Improper conduct of institutional officers
Status: in_force

The commissioner may inquire into any improper conduct imputed to state institutional officers in relation to the concerns of their institutions, and for that purpose may: [PL 1983, c. 459, §7 (NEW).]

1. Subpoenas. Issue subpoenas for witnesses and compel their attendance and the production of papers and writings by punishment for contempt in case of willful failure, neglect or refusal; [PL 1983, c. 459, §7 (NEW).]

2. Examination of witnesses. Examine witnesses under oath; and [PL 1983, c. 459, §7 (NEW).]

3. Adjudication. Adjudicate cases of alleged improper conduct in a manner similar to and with similar effect as cases of arbitration. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3803 — ME Code / Title 34-B / Chapter 3 / Section 3803
34-B §3803. Patient's rights
Status: in_force

A patient in a psychiatric hospital or residential care facility under this subchapter has the following rights. [PL 2007, c. 319, §5 (AMD).]

1. Civil rights. Every patient is entitled to exercise all civil rights, including, but not limited to, the right to civil service status, the right to vote, rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, the right to enter into contractual relationships and the right to manage the patient's property, unless: A. The chief administrative officer of the psychiatric hospital or residential care facility determines that it is necessary for the medical welfare of the patient to impose restrictions on the exercise of these rights and, if restrictions are imposed, the restrictions and the reasons for them must be made a part of the clinical record of the patient; [PL 2007, c. 319, §5 (AMD).] B. A patient has been adjudicated incompetent and has not been restored to legal capacity; or [PL 1983, c. 459, §7 (NEW).] C. The exercise of these rights is specifically restricted by other statute or rule, but not solely because of the fact of admission to a psychiatric hospital or residential care facility. [PL 2007, c. 319, §5 (AMD).] [PL 2007, c. 319, §5 (AMD).]

2. Humane care and treatment. Every patient is entitled to humane care and treatment and, to the extent that facilities, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice. [PL 1983, c. 459, §7 (NEW).]

3. Restraints and seclusion. Restraint, including any mechanical means of restricting movement, and seclusion, including isolation by means of doors that cannot be opened by the patient, may not be used on a patient, unless the chief administrative officer of the psychiatric hospital or residential care facility or the chief administrative officer's designee determines that either is required by the medical needs of the patient. A. The chief administrative officer of the psychiatric hospital or facility shall record and make available for inspection every use of mechanical restraint or seclusion and the reasons for its use. [PL 2007, c. 319, §5 (AMD).] B. The limitation of the use of seclusion in this section does not apply to maximum security installations. [PL 1983, c. 459, §7 (NEW).] [PL 2007, c. 319, §5 (AMD).]

4. Communication. Patient communication rights are as follows. A. Every patient is entitled to communicate by sealed envelopes with the department, a member of the clergy of the patient's choice, the patient's attorney and the court that ordered the patient's hospitalization, if any. [PL 2007, c. 319, §5 (AMD).] B. Every patient is entitled to communicate by mail in accordance with the rules of the psychiatric hospital. [PL 2007, c. 319, §5 (AMD).] [PL 2007, c. 319, §5 (AMD).]

5. Visitors. Every patient is entitled to receive visitors unless definitely contraindicated by the patient's medical condition, except that the patient may be visited by a member of the clergy of the patient's choice or the patient's attorney at any reasonable time. [PL 2007, c. 319, §5 (AMD).]

6. Sterilization. A patient may not be sterilized except in accordance with chapter 7 . [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 11303 — ME Code / Title 34-A / Chapter 17 / Section 11303
34-A §11303. Mandatory notification of conditional release or discharge of registrants
Status: in_force

The department, county jails, state mental health institutes and the bureau are governed by the following notice provisions when a registrant is conditionally released or discharged. [PL 2011, c. 663, §3 (NEW).]

1. Duties. The department, a county jail or a state mental health institute shall give the bureau notice of the following: A. The address where the registrant will be domiciled and reside; [PL 2011, c. 663, §3 (NEW).] B. The address where the registrant will work and attend college or school, if applicable; [PL 2011, c. 663, §3 (NEW).] C. The mailing address of the registrant; and [PL 2011, c. 663, §3 (NEW).] D. The geographic area to which a registrant's conditional release is limited, if any. [PL 2011, c. 663, §3 (NEW).] [PL 2011, c. 663, §3 (NEW).]

2. Duties of the bureau. Upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to subsection 1 , the bureau shall forward the information to all law enforcement agencies that have jurisdiction in those areas where the registrant may be domiciled, reside, work or attend college or school. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 5203 — ME Code / Title 34-A / Chapter 5 / Section 5203
34-A §5203. Terms
Status: in_force

The terms of the members of the board are: [PL 1983, c. 459, §6 (NEW).]

1. Four years. Four years plus the time period until their successors have been appointed and qualified; or [PL 1983, c. 459, §6 (NEW).]

2. Pleasure of Governor. During the pleasure of the Governor. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11254 — ME Code / Title 34-A / Chapter 15 / Section 11254
34-A §11254. Mandatory notification of conditional release or discharge of registrants
Status: in_force

The department, county jails, state mental health institutes and the Department of Public Safety, State Bureau of Identification are governed by the following notice provisions when a registrant is conditionally released or discharged. [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

1. Duties. The department, a county jail or a state mental health institute shall give the Department of Public Safety, State Bureau of Identification notice of the following: A. The address where the registrant will be domiciled and reside; [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] B. The address where the registrant will work and attend college or school, if applicable; [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] C. The geographic area to which a registrant's conditional release is limited, if any; and [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] D. The status of the registrant when released as determined by the risk assessment instrument, the registrant's risk assessment score, a copy of the risk assessment instrument and applicable contact standards for the registrant. [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

2. Duties of the Department of Public Safety, State Bureau of Identification. Upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to subsection 1 , the Department of Public Safety, State Bureau of Identification shall forward the information in subsection 1 to all law enforcement agencies that have jurisdiction in those areas where the registrant may be domiciled, reside, work or attend college or school. [PL 2003, c. 711, Pt. C, §27 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]
34-B M.R.S. § 5438 — ME Code / Title 34-B / Chapter 5 / Section 5438
34-B §5438. Services for adults with diagnoses of intellectual disabilities or other developmental disabilities
Status: in_force

To the extent possible using available resources, the department shall provide adults with diagnoses of intellectual disabilities and other developmental disabilities choices from among an array of supports and services, including but not limited to: employment supports, personal supports, day programs and residential services. The department shall pursue appropriate resources for the supports and services needed by adults covered under this chapter. [PL 2011, c. 542, Pt. A, §103 (AMD).] Revisor's Note: §5438. Program of state-funded consumer-directed personal care assistance services (As enacted by PL 2007, c. 240, Pt. OO, §2 is REALLOCATED TO TITLE 34-B, SECTION 5439)
34-A M.R.S. § 1209 — ME Code / Title 34-A / Chapter 1 / Section 1209
34-A §1209. Juvenile Justice Advisory Group
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Act" means the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415. [PL 1983, c. 581, §§10, 59 (NEW).] B. "Group" means the Juvenile Justice Advisory Group, as established by Executive Order 16 Fiscal Year 1981-82. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1983, c. 581, §§10, 59 (NEW).]

2. Duties. The group shall: A. Operate as the supervisory board for all planning, administrative and funding functions of the Act; [PL 1983, c. 581, §§10, 59 (NEW).] B. Make subgrants for planning or for the improvement of juvenile justice consistent with the intent of applicable state and federal legislation; [PL 1983, c. 581, §§10, 59 (NEW).] C. Develop, approve and implement the state's juvenile justice plan; [PL 1983, c. 581, §§10, 59 (NEW).] D. Monitor state compliance with the requirements of the Act; [PL 1983, c. 581, §§10, 59 (NEW).] E. Review and approve or disapprove all juvenile justice and delinquency prevention subgrant applications submitted to the group; [PL 1983, c. 581, §§10, 59 (NEW).] F. Develop more effective education, training, research, prevention, diversion, treatment and rehabilitation programs in the area of juvenile delinquency and improvement of the juvenile justice system; [PL 1983, c. 581, §§10 and 59 (NEW).] G. Submit to the Governor and Legislature, at least annually, recommendations with respect to matters related to its functions, including recommendations on state compliance with the requirements of the Act; [PL 1983, c. 581, §§10, 59 (NEW).] H. Review the progress and accomplishments of juvenile justice and delinquency projects funded under the state plan; and [PL 1983, c. 581, §§10, 59 (NEW).] I. Regularly seek comments and opinions from juveniles currently under the jurisdiction of the juvenile justice system. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1983, c. 581, §§10, 59 (NEW).]

3. Membership. Membership of the group is governed as follows. A. Regular membership of the group shall be in accordance with the requirements of the Act. [PL 1983, c. 581, §§10, 59 (NEW).] B. Members are appointed by the Governor for a term of 4 years, or until a successor is appointed, and are eligible for reappointment at the discretion of the Governor. [PL 1983, c. 581, §§10, 59 (NEW).] C. Members appointed to fill an unexpired term shall serve until the expiration date of that term or until a successor is appointed. [PL 1983, c. 581, §§10, 59 (NEW).] D. The Commissioner of Corrections, Commissioner of Education, Commissioner of Health and Human Services and Commissioner of Public Safety are ex officio, voting members of the group. [RR 2003, c. 2, §99 (COR).] E. Neither a majority of the members of the group, nor the chairman, may be full-time employees of the Federal Government, State Government or local government. [PL 1983, c. 581, §§10, 59 (NEW).] F. [PL 2005, c. 328, §16 (RP).] [PL 2005, c. 328, §16 (AMD).]

4. Departmental duties and powers. The duties and powers of the Department of Corrections are as follows. A. The department shall have the powers necessary to an agency designated by the Governor as the sole agency responsible for supervising the group in the preparation and administration of the state plan within the meaning of the Act. [PL 1983, c. 581, §§10, 59 (NEW).] B. The department shall serve as the fiscal agent of the group. [PL 1983, c. 581, §§10, 59 (NEW).] C. The department may employ a full-time juvenile justice specialist, subject to the approval of the group, and such additional staff as necessary. (1) The professional staff shall be unclassified. (2) Clerical staff shall be employed subject to the Civil Service Law. [PL 1985, c. 785, Pt. B, §150 (AMD).] D. The department, at the direction of the group, may make grants to state agencies, to units of general local government and to private not-for-profit organizations for the development of more effective education, training, research, prevention, diversion, treatment and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system. [PL 1983, c. 581, §§10, 59 (NEW).] E. When the group directs that a grant be made to a department or agency of State Government, the department shall send to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs: (1) A copy of the approved grant application; (2) Information on the expected length of programs to be funded by the grant; and (3) Information on restrictions or limitations placed on the grant application. [PL 1983, c. 581, §§10, 59 (NEW).] F. The department may accept funds from the Federal Government, from any political subdivision of the State, or from any individual, foundation or corporation and may expend those funds for purposes consistent with this section. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1985, c. 785, Pt. B, §150 (AMD).]

5. Funds not to lapse. Funds appropriated to carry out the purpose of this section shall not lapse, but shall carry from year to year. [PL 1983, c. 581, §§10, 59 (NEW).]
34-A M.R.S. § 9885 — ME Code / Title 34-A / Chapter 9 / Section 9885
34-A §9885. Notification of law enforcement agencies
Status: in_force

Prior to the department's consideration of a request under this compact, the department shall notify the district attorney for the district in which the person will reside; the sheriff for the county in which the person will reside; the chief of police of any municipality in which the person will reside; and the Department of Public Safety. [PL 2003, c. 706, Pt. B, §7 (NEW).]