34-B M.R.S. § 3613 — ME Code / Title 34-B / Chapter 3 / Section 3613
34-B §3613. Crisis receiving centers (WHOLE SECTION CONFLICT: Text as repealed and replaced by PL 2025, c. 388, Pt. YY, §1)
Status: repealed

(CONFLICT)

(WHOLE SECTION CONFLICT: Text as repealed and replaced by PL 2025, c. 388, Pt. YY, §1)

1. Definitions. As used in this section, unless the context otherwise indicates, "crisis receiving center" means a center that provides immediate and short‑term walk‑in access to an array of both clinical and nonclinical mental health and substance use disorder crisis stabilization services to all individuals seeking care regardless of acuity or insurance coverage and within bounds of licensing. A. [PL 2025, c. 388, Pt. YY, §1 (RP).] B. [PL 2025, c. 388, Pt. YY, §1 (RP).] [PL 2025, c. 388, Pt. YY, §1 (RPR).]

2. Department to develop plan and serve as coordinator. The department shall develop a plan for a network of community‑based crisis receiving centers across the State to support both clinical and nonclinical mental health and substance use disorder crisis stabilization services. The department shall also coordinate meetings, technical assistance and training and provide other assistance to help create, maintain and, as necessary, expand the network. [PL 2025, c. 388, Pt. YY, §1 (RPR).]

3. Guidelines. In carrying out its duties under subsection 2 , the department shall: A. Consult with law enforcement agencies, municipalities, public health experts, behavioral health care providers, other states and others as appropriate; [PL 2025, c. 388, Pt. YY, §1 (RPR).] B. Assess geographical locations for maximization of community impact; [PL 2025, c. 388, Pt. YY, §1 (RPR).] C. Provide technical assistance to persons and entities across the State and providers interested in joining the network; [PL 2025, c. 388, Pt. YY, §1 (RPR).] D. Coordinate regular meetings with crisis receiving centers and provide technical assistance to crisis receiving centers; and [PL 2025, c. 388, Pt. YY, §1 (RPR).] E. Engage in continual process improvement and planning updates. [PL 2025, c. 388, Pt. YY, §1 (RPR).] [PL 2025, c. 388, Pt. YY, §1 (RPR).]

Revisor's Note: §3613. Crisis receiving centers (As enacted by PL 2023, c. 675, §9 is REALLOCATED TO TITLE 34-B, SECTION 3614)
34-B M.R.S. § 5611 — ME Code / Title 34-B / Chapter 5 / Section 5611
34-B §5611. Complaints
Status: in_force

A complaint may be filed by the agency designated pursuant to Title 5, section 19502 . The complaint procedure may be used when the agency knows or has reason to believe that the practices, procedures or policies of any agency licensed, funded or contracted by the department to provide services violate the rights of individuals with intellectual disabilities or autism pursuant to section 5605 . [PL 2013, c. 310, §9 (NEW).]

1. Allegations of employee misconduct. A complaint that includes allegations of employee misconduct must be processed, but no disciplinary action may be taken nor facts found with regard to the alleged misconduct except in accordance with applicable personnel rules, policies and labor contract provisions. [PL 2013, c. 310, §9 (NEW).]

2. Complaints arising in community. A complaint arising in the community must be addressed to the executive director of the provider agency. [PL 2013, c. 310, §9 (NEW).]

3. Response to be provided within 5 business days. A formal written response, including a statement of the remedial action to be taken, if any, must be provided to the complainant within 5 business days of receipt by the person listed in subsection 2 . [PL 2013, c. 310, §9 (NEW).]

4. Decision appealable to director. A decision described in subsection 3 is appealable within 5 business days to the director of the department's office of aging and disability services or the director's designee, who shall provide a formal written response, including a statement of the remedial action to be taken, if any, to the complainant within 5 business days. [PL 2013, c. 310, §9 (NEW).]

5. Decision appealable to commissioner. A decision of the director or the director's designee pursuant to subsection 4 is appealable within 5 business days to the commissioner, who shall provide a formal written response, including a statement of the remedial action to be taken, if any, to the complainant within 5 business days. This written response constitutes the department's final agency action on the matter. [PL 2013, c. 310, §9 (NEW).]
34-B M.R.S. § 1431 — ME Code / Title 34-B / Chapter 1 / Section 1431
34-B §1431. Indefinite convalescent status
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Living conditions" includes, but is not limited to, the physical conditions of a residential facility, the individual treatment plan provided for each outpatient client and the programs for treatment available to and appropriate for each outpatient client. [PL 1983, c. 459, §7 (NEW).] B. "Residential facility" means a boarding home, nursing home, foster home, group home or halfway house licensed by the Department of Health and Human Services or used by the Department of Health and Human Services. [PL 1983, c. 459, §7 (NEW); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1983, c. 459, §7 (NEW); PL 1995, c. 560, Pt. K, §82 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Requirements. The chief administrative officer of any state institution, or a person designated by the chief administrative officer, may place any person who has been hospitalized based on a diagnosis of mental illness, intellectual disability or autism, except residents described in chapter 3, subchapter 4, article 2 , on indefinite convalescence status, if the officer or the officer's designee determines that the residential facility in which the person will be residing is at least equivalent in the quality of living conditions to the state institution in which the person is hospitalized. [PL 2011, c. 542, Pt. A, §73 (AMD).]

3. Standards. The commissioner shall establish standards for assessing whether or not living conditions in residential facilities are equivalent to the existing living conditions in state institutions. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 1401 — ME Code / Title 34-A / Chapter 1 / Section 1401
34-A §1401. Office
Status: in_force

1. Appointment. The Governor shall appoint the Commissioner of Corrections, subject to review by the joint standing committee of the Legislature having jurisdiction over corrections matters and to confirmation by the Senate, to serve at the pleasure of the Governor. [PL 1995, c. 3, §4 (AMD).]

2. Vacancy. Vacancies in the office of the commissioner shall be filled as follows. A. Any vacancy in the office of commissioner shall be filled by appointment under subsection 1 . [PL 1983, c. 459, §6 (NEW).] B. If the office of the commissioner is vacant or if the commissioner is absent or disabled, the associate commissioner shall perform the duties and have the powers provided by law for the commissioner. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

3. Qualifications. To qualify for appointment as commissioner, a person must have training and experience in correctional administration or satisfactory experience in the direction of work of a comparable nature. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3402 — ME Code / Title 34-A / Chapter 3 / Section 3402
34-A §3402. Warden
Status: in_force

1. Chief administrative officer. The chief administrative officer of the Maine Correctional Center is called the warden. [PL 2013, c. 508, §1 (AMD).]

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 center. [PL 2013, c. 508, §1 (AMD).]

3. Powers. In addition to other powers granted in this Title, the warden has the following powers. A. The warden may appoint deputy wardens, subject to the Civil Service Law. A deputy warden designated by the warden has the powers, duties, obligations and liabilities of the warden when the warden is absent from the center location or is unable to perform the duties of the office. [PL 2013, c. 508, §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 2013, c. 508, §1 (AMD).] [PL 2013, c. 508, §1 (AMD).]
34-A M.R.S. § 1213 — ME Code / Title 34-A / Chapter 1 / Section 1213
34-A §1213. Contract to provide medical care
Status: in_force

Any individual medical provider contracting with the department when providing medical care within a correctional or detention facility pursuant to section 3031, subsection 2 under a contract with the department is deemed for purposes of civil liability to be an employee of a governmental entity under the Maine Tort Claims Act, Title 14, chapter 741 . [PL 1995, c. 248, §1 (NEW).]
34-B M.R.S. § 3862 — ME Code / Title 34-B / Chapter 3 / Section 3862
34-B §3862. Protective custody
Status: in_force

1. Law enforcement officer's power. If a law enforcement officer has probable cause to believe that a person may be mentally ill and that due to that condition the person poses a likelihood of serious harm as defined in section 3801, subsection 4‑A, paragraph A , B or C , or if a law enforcement officer knows that a person has an advance health care directive authorizing mental health treatment and the officer has probable cause to believe that the person lacks capacity, the law enforcement officer: A. May take the person into protective custody; and [PL 1983, c. 459, §7 (NEW).] B. If the law enforcement officer does take the person into protective custody, shall deliver the person immediately for examination by a medical practitioner as provided in section 3862‑A or 3863 or, for a person taken into protective custody who has an advance health care directive authorizing mental health treatment, for examination as provided in Title 18‑C, section 5‑803, subsection 4 to determine the individual's capacity and the existence of conditions specified in the advance health care directive for the directive to be effective. [PL 2019, c. 411, Pt. C, §5 (AMD); PL 2019, c. 411, Pt. D, §3 (AFF).] When formulating probable cause, the law enforcement officer may rely upon information provided by a 3rd-party informant if the officer confirms that the informant has reason to believe, based upon the informant's recent personal observations of or conversations with a person, that the person may be mentally ill and that due to that condition the person poses a likelihood of serious harm as defined in section 3801, subsection 4‑A, paragraph A , B or C . [PL 2021, c. 377, §1 (AMD).]

1-A. Law enforcement officer's power. [PL 1995, c. 62, §2 (RP).]

2. Certificate not executed. If a certificate relating to the person's likelihood of serious harm is not executed by the examiner under section 3863 , and, for a person who has an advance health care directive authorizing mental health treatment, if the examiner determines that the conditions specified in the advance health care directive for the directive to be effective have not been met or, in the absence of stated conditions, that the person does not lack capacity, the officer shall: A. Release the person from protective custody and, with the person's permission, return the person forthwith to the person's place of residence, if within the territorial jurisdiction of the officer; [PL 1999, c. 423, §4 (AMD).] B. Release the person from protective custody and, with the person's permission, return the person forthwith to the place where the person was taken into protective custody; or [PL 1999, c. 423, §4 (AMD).] C. If the person is also under arrest for a violation of law, retain the person in custody until the person is released in accordance with the law. [PL 1999, c. 423, §4 (AMD).] [PL 1999, c. 423, §4 (AMD).]

3. Certificate executed. If the certificate is executed by the examiner under section 3863 , the officer shall undertake forthwith to secure the endorsement of a judicial officer under section 3863 and may detain the person for a period of time not to exceed 18 hours as may be necessary to obtain that endorsement. [PL 2009, c. 651, §12 (AMD).]

3-A. Advance health care directive effect. If the examiner determines that the conditions specified in the advance health care directive for the directive to be effective have been met or, in the absence of stated conditions, that the person lacks capacity, the person may be treated in accordance with the terms of the advance health care directive. [PL 1999, c. 423, §4 (NEW).]

4. Transportation costs. The costs of transportation under this section must be paid in the manner provided under section 3863 . Any person transporting an individual to a hospital under the circumstances described in this section shall use the least restrictive form of transportation available that meets the security needs of the situation. [PL 1997, c. 422, §7 (AMD).]
34-A M.R.S. § 4203 — ME Code / Title 34-A / Chapter 3 / Section 4203
34-A §4203.  Warden
Status: in_force

1. Chief administrative officer. The chief administrative officer of the facility is the warden of the Maine State Prison, referred to in this subchapter as "the warden." The warden is responsible to the commissioner. [PL 2025, c. 4, §2 (AMD).]

2. Duties. In addition to other duties set out in this Title, the warden has the following duties. A. The warden shall exercise proper supervision over the employees, grounds, buildings and equipment at the facility. [PL 2025, c. 4, §2 (AMD).] B. The warden shall supervise and control the prisoners at the facility in accordance with departmental rules. [PL 2025, c. 4, §2 (AMD).] [PL 2025, c. 4, §2 (AMD).]

3. Powers. [PL 2025, c. 4, §2 (RP).]
34-A M.R.S. § 9887 — ME Code / Title 34-A / Chapter 9 / Section 9887
34-A §9887. Supervision fee
Status: in_force

The department may impose on a person accepted for supervision under this compact a supervision fee of between $10 and $50 per month, as determined by the department, for the term of supervision by the department. In determining the amount of the fee, the department shall take into account the financial resources of the person and the nature of the burden the payment imposes. A request for transfer of supervision may not be denied solely because the person is not able to pay the fee. When a person fails to pay the supervision fee, the department may request the person's return to the sending state unless the failure to pay was not attributable to the person's willful refusal to pay or to a failure on the person's part to make a good faith effort to obtain the funds required for the payment. Fees received by the department pursuant to this section must be deposited into the department's adult community corrections account, which may not lapse. Fees deposited pursuant to this section must be used to defray costs associated with the supervision of persons accepted for transfer, including, but not limited to, the purchase of materials and equipment for and operation of electronic monitoring and substance testing programs, the purchase of materials, equipment and training for probation officers and administrative costs. [PL 2011, c. 677, §1 (AMD).]
34-B M.R.S. § 7010 — ME Code / Title 34-B / Chapter 7 / Section 7010
34-B §7010. Determination of the best interests of a person unable to give informed consent for sterilization
Status: in_force

The parent, spouse, guardian or custodian of any person found unable to give informed consent for sterilization may petition the District Court, in the county of residence of the person being considered for sterilization, to determine if sterilization is in the best interest of that person. The court shall have sole jurisdiction and authority to order that a sterilization procedure may be performed when a person is incapable of giving informed consent, as determined by the hearing required in section 7008 . [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3601 — ME Code / Title 34-B / Chapter 3 / Section 3601
34-B §3601. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 580, §7 (RPR).]

1. Agency. "Agency" means a person, firm, association or corporation, but does not include the individual or corporate professional practice of one or more psychologists or psychiatrists. [PL 1983, c. 580, §7 (RPR).]

1-A. Case management services. "Case management services" means those services which assist an individual in gaining access to and making effective use of the range of medical, psychological and other related services available to them. [PL 1987, c. 246, §3 (NEW).]

1-B. Long-term mentally ill. "Long-term mentally ill" means persons who suffer certain mental or emotional disorders, such as organic brain syndrome, schizophrenia, recurrent depressive and manic-depressive disorders, paranoid and other psychoses, plus other disorders which may become chronic, that erode or prevent the capacities in relation to 3 or more of the primary aspects of daily life, such as personal hygiene and self-care, self-direction, interpersonal relationships, social transactions, learning, recreation and economic self-sufficiency. While these persons may be at risk of institutionalization, there is no requirement that these persons are or have been residents of institutions providing mental health services. [PL 1987, c. 246, §3 (NEW).]

2. Mental health services. "Mental health services" means out-patient counseling, other psychological, psychiatric, diagnostic or therapeutic services and other allied services. [PL 1983, c. 580, §7 (RPR).]
34-B M.R.S. § 6205 — ME Code / Title 34-B / Chapter 6 / Section 6205
34-B §6205. Services for juveniles committed to Long Creek Youth Development Center
Status: in_force

1. Department authority. The department may provide consultation services to any juvenile with an intellectual disability or autism committed to the Long Creek Youth Development Center if those services are requested by the Commissioner of Corrections or the commissioner's designee. Consultation services may include participation by appropriate department professionals on the Classification Committee of the Long Creek Youth Development Center in order to assist in the design of individual treatment plans to provide habilitation, education and skill training to juveniles with an intellectual disability or autism in residence at the Long Creek Youth Development Center. [PL 2017, c. 148, §29 (AMD).]

2. Support services. Whenever a program has been designed for a juvenile with an intellectual disability or autism by the Classification Committee of the Long Creek Youth Development Center and the classification committee has included participation by the department professionals, the department shall provide, insofar as possible, support services to implement that program. [PL 2017, c. 148, §29 (AMD).]

3. Case management. The department may provide case management services to juveniles with intellectual disabilities or autism who are released from the Long Creek Youth Development Center. [PL 2017, c. 148, §29 (AMD).]
34-B M.R.S. § 5602 — ME Code / Title 34-B / Chapter 5 / Section 5602
34-B §5602. Purpose
Status: in_force

It is the intent of the Legislature to guarantee individual dignity, liberty, pursuit of happiness and the protection of the civil and legal rights of persons with intellectual disabilities, autism or acquired brain injuries and to articulate rights of persons with intellectual disabilities, autism or acquired brain injuries, so that these rights may be exercised and protected. [PL 2021, c. 284, Pt. A, §5 (AMD).]
34-A M.R.S. § 5602 — ME Code / Title 34-A / Chapter 5 / Section 5602
34-A §5602. Juvenile community corrections officer
Status: in_force

1. Departmental employees. A juvenile community corrections officer is an employee of the Department of Corrections. [PL 1999, c. 583, §46 (AMD).]

2. Juvenile community corrections officer's functions. A juvenile community corrections officer's functions are: A. To serve as a juvenile probation officer; [PL 1985, c. 439, §22 (NEW).] B. To carry out all functions of a juvenile community corrections officer delineated in the Maine Juvenile Code, Title 15, Par t 6; and [PL 1999, c. 583, §46 (AMD).] C. To provide appropriate services to juveniles committed to a juvenile correctional facility who are in the community on community reintegration status. [PL 2003, c. 410, §23 (AMD).] [PL 2003, c. 410, §23 (AMD).]

3. Juvenile community corrections officer's duties. A juvenile community corrections officer shall: A. When directed, provide information to a juvenile correctional facility on juveniles committed to the juvenile correctional facility; [PL 1999, c. 583, §46 (AMD).] B. Make such investigations as the Juvenile Court may direct and shall keep written records of the investigations as the Juvenile Court may direct; [PL 1985, c. 439, §22 (RPR).] C. Use all suitable means, including counseling, to aid each juvenile under the juvenile community corrections officer's supervision and shall perform such duties in connection with the care and custody of juveniles as the court may direct; [PL 1999, c. 583, §46 (AMD).] D. Keep informed as to the condition and conduct of each juvenile placed under the juvenile community corrections officer's supervision and shall report on the condition and conduct to the court and to the department as the court or department may direct; [PL 1999, c. 583, §46 (AMD).] E. When a juvenile is placed under the juvenile community corrections officer's supervision, give the juvenile a written statement of the conditions of the supervision and shall fully explain the conditions to the juvenile; and [PL 1999, c. 583, §46 (AMD).] F. Keep complete records of all work done. [PL 1985, c. 439, §22 (NEW).] [PL 1999, c. 583, §46 (AMD).]

4. Juvenile community corrections officer's powers. Juvenile community corrections officers have the same arrest powers as other law enforcement officers with respect to juveniles placed under their supervision. [PL 1999, c. 583, §46 (AMD).]

5. Investigations. [PL 1985, c. 439, §22 (RP).]

6. Care and custody of juveniles. [PL 1985, c. 439, §22 (RP).]

7. Arrest. [PL 1985, c. 439, §22 (RP).]

8. Written statement of probation conditions. [PL 1985, c. 439, §22 (RP).]

9. Keeping informed. [PL 1985, c. 439, §22 (RP).]

10. Records. [PL 1985, c. 439, §22 (RP).]

11. Change of residence. [PL 1985, c. 439, §22 (RP).]
34-B M.R.S. § 9005 — ME Code / Title 34-B / Chapter 9 / Section 9005
34-B §9005. Escape--Article V
Status: in_force

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, the dangerous or potentially dangerous patient must be detained in the state where found pending disposition in accordance with law. [RR 2009, c. 2, §96 (COR).]
34-A M.R.S. § 9208 — ME Code / Title 34-A / Chapter 9 / Section 9208
34-A §9208. Withdrawal and termination--Article VIII
Status: in_force

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to this compact. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 5809 — ME Code / Title 34-A / Chapter 5 / Section 5809
34-A §5809. Certificate of discharge
Status: in_force

Whenever it appears to the board that a person on parole is no longer in need of supervision, it may order the warden of the institution from which the parolee was released to issue the parolee a certificate of discharge, except in the case of persons serving a life sentence who may not be discharged from parole in less than 10 years after release on parole. [PL 2013, c. 508, §13 (AMD).]
34-B M.R.S. § 6004 — ME Code / Title 34-B / Chapter 6 / Section 6004
34-B §6004. Report
Status: in_force

The commissioner shall submit a report in coordination with the Commissioner of Education on efforts to plan for and develop social and habilitative services for persons who have autism and other pervasive developmental disorders to the Governor and the joint standing committees of the Legislature having jurisdiction over health and institutional services matters and educational and cultural affairs. This report must be submitted no later than January 15th of every odd-numbered year and must be submitted in conjunction with the plan required by section 5003-A, subsection 3 . [PL 2011, c. 348, §11 (AMD).]

The committee shall study the report and make recommendations to the Legislature with respect to improving the quality and availability of services to children and adults who have pervasive developmental disorders. [PL 1983, c. 824, Pt. U (NEW).]
34-A M.R.S. § 9404 — ME Code / Title 34-A / Chapter 9 / Section 9404
34-A §9404. Procedures and rights--Article IV
Status: in_force

Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III , shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state. [PL 1983, c. 459, §6 (NEW).]

The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. [PL 1983, c. 459, §6 (NEW).]

Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III . [PL 1983, c. 459, §6 (NEW).]

Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact, including a conduct record of each inmate, and certify the record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. [PL 1983, c. 459, §6 (NEW).]

All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state. [PL 1983, c. 459, §6 (NEW).]

Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. The record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this section, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. [PL 1983, c. 459, §6 (NEW).]

Any inmate confined pursuant to this compact shall be released within the territory of the sending state, unless the inmate and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. [PL 1983, c. 459, §6 (NEW).]

Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. [PL 1983, c. 459, §6 (NEW).]

The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9907 — ME Code / Title 34-A / Chapter 9 / Section 9907
34-A §9907. Oversight, enforcement and dispute resolution by interstate commission -- Article 7
Status: in_force

1. Oversight. The interstate commission shall oversee the interstate movement of juveniles in the compacting states and shall monitor activities being administered in noncompacting states that may significantly affect compacting states. [PL 2003, c. 500, §1 (NEW).]

2. Enforcement. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder must be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. Courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the interstate commission, the interstate commission is to receive all service of process in any such proceeding and has standing to intervene in the proceeding for all purposes. [PL 2003, c. 500, §1 (NEW).]

3. Dispute resolution. The compacting states shall report to the interstate commission on issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules. The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and noncompacting states. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. [PL 2003, c. 500, §1 (NEW).]

4. Commission enforcement. The interstate commission shall enforce the provisions and rules of this compact using all means set forth in section 9911 . [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 3069 — ME Code / Title 34-A / Chapter 3 / Section 3069
34-A §3069. Hospitalization for mental illness
Status: in_force

1. Involuntary. When a prisoner of a correctional facility has been determined by a competent medical authority to require inpatient treatment for mental illness, the chief administrative officer of that facility shall make application in accordance with Title 34‑B, section 3863 . A. Any person with respect to whom an application and certification under Title 34‑B, section 3863 are made may be admitted to either state mental health institute. [PL 1983, c. 459, §6 (NEW).] B. Except as otherwise specifically provided in this section, Title 34‑B, chapter 3, subchapter 4, Article 3 is applicable to the person as if the admission of the person were applied for under Title 34‑B, section 3863 . [PL 2005, c. 329, §12 (AMD).] C. A copy of the document by which the person is held in the facility must accompany the application for admission. [PL 1991, c. 314, §57 (AMD).] D. If the sentence being served at the time of admission has not expired or commitment has not been terminated in accordance with law at the time the person is ready for discharge from hospitalization, the person must be returned by the appropriate officers of the correctional facility. [PL 2005, c. 329, §12 (AMD).] E. Admission to a mental health institute under this section has no effect upon a sentence then being served or a commitment then in effect. The sentence continues to run and the commitment remains in force, unless terminated in accordance with law. While the sentence or commitment is in effect, the person may not receive a privilege, including, but not limited to, a furlough or its equivalent, a funeral or deathbed visit or the use of tobacco, unless the chief administrative officer of the correctional facility approves the receipt of the privilege. [PL 2007, c. 102, §10 (AMD).] [PL 2007, c. 102, §10 (AMD).]

2. Voluntary. The chief administrative officer of a correctional or detention facility may permit a person confined in the facility to apply for informal admission to a state mental health institute under Title 34‑B, section 3831 . A. Except as otherwise provided in this section, the provisions of law applicable to persons admitted to a state mental health institute under Title 34‑B, chapter 3, subchapter IV, Article II , apply to any person confined in a correctional or detention facility who is admitted to a state mental health institute under that section. [PL 1991, c. 314, §57 (AMD).] B. A copy of the document by which the person is held in the facility must accompany the application for admission. [PL 1991, c. 314, §57 (AMD).] C. If the sentence being served at the time of admission has not expired or commitment has not been terminated in accordance with law at the time the person is ready for discharge from hospitalization, the person must be returned by the appropriate officers of the correctional or detention facility. [PL 1991, c. 314, §57 (AMD).] D. Admission to a mental health institute under this section has no effect upon a sentence then being served or a commitment then in effect. The sentence continues to run and the commitment remains in force, unless terminated in accordance with law. While the sentence or commitment is in effect, the person may not receive a privilege, including, but not limited to, a furlough or its equivalent, a funeral or deathbed visit or the use of tobacco, unless the chief administrative officer of the correctional facility approves the receipt of the privilege. [PL 2007, c. 102, §11 (AMD).] [PL 2007, c. 102, §11 (AMD).]

3. Reincarceration planning. For each person hospitalized pursuant to this section, the Department of Health and Human Services, in consultation with the chief administrative officer of the correctional facility and before the person is transferred back to the correctional facility, shall develop a written treatment plan describing the recommended treatment to be provided to the person. [PL 2001, c. 659, Pt. D, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Review use of seclusion and restraint with prisoners with major mental illness; report. Beginning October 1, 2003, the Department of Health and Human Services, utilizing its medical directors and forensic psychiatrists, shall review the use of seclusion and restraint with prisoners with major mental illness in all adult correctional facilities. The department and the Department of Health and Human Services shall agree to the design and scope of this review. This review must include, but not be limited to, a case review of the rates of and duration of such practices with prisoners with major mental illness, whether the use of seclusion and restraint is appropriate and whether there is a pattern of restraint and seclusion with any particular prisoners with major mental illness. Beginning December 30, 2004 and annually thereafter, the Department of Health and Human Services shall issue a written report that includes its findings and recommendations for improvements determined to be necessary. That report must be forwarded to the commissioner and to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. [PL 2003, c. 482, Pt. C, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
34-A M.R.S. § 11253 — ME Code / Title 34-A / Chapter 15 / Section 11253
34-A §11253. Risk assessment
Status: in_force

The department shall establish and apply a risk assessment instrument to each registrant under its jurisdiction for the purpose of notification to law enforcement agencies and to the public. [PL 2003, c. 711, Pt. C, §26 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]
34-A M.R.S. § 3805 — ME Code / Title 34-A / Chapter 3 / Section 3805
34-A §3805. Commitment
Status: in_force

1. Eligibility. [PL 2021, c. 326, §17 (AMD); MRSA T. 34-A §3805, sub-§1 (RP).]

1-A. Eligibility. Beginning October 1, 2021, only a juvenile, as defined in Title 15, section 3003, subsection 14 , who is 12 years of age or older at the time of commitment may be committed to the facility pursuant to this subchapter and Title 15, Part 6 . [PL 2021, c. 326, §18 (NEW).]

2. Limitations. A person may not be detained or confined in or committed to the facility if, upon petition by the commissioner or the commissioner's designee and after hearing, the court finds by a preponderance of the evidence that the person is more appropriately a subject for intensive treatment services that are available and provided by or through the Department of Health and Human Services. Prior to the hearing, the court shall provide notice of the hearing in writing or orally to the juvenile, the juvenile's parents, the juvenile's guardian or legal custodian, the attorney for the State and the Department of Health and Human Services. [PL 2007, c. 536, §7 (AMD).]

3. Certification. When a person is detained or confined in or committed to the facility, the court making the detention, confinement or commitment shall certify on the mittimus the person's birthplace, parentage and legal residence. [PL 2005, c. 507, §23 (AMD).]
34-A M.R.S. § 1406 — ME Code / Title 34-A / Chapter 1 / Section 1406
34-A §1406. Authority to review financial records of counties as those records relate to corrections
Status: in_force

1. County jail records. Notwithstanding any other provision of law to the contrary, the commissioner may inspect, review and take custody of records of the counties as those records relate to the funding and operation of the county jails. Upon the request of the commissioner, a county jail within 15 days of the request shall supply complete and accurate information. The commissioner shall work with the jails to assist them in achieving compliance with the requirements of this subsection. The commissioner shall enforce the standards of this subsection by imposition of monetary penalties pursuant to policies and procedures under section 1208‑B , subsection 1, paragraph B. This subsection must be liberally construed to effect the purpose of this section. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]

2. Violation. A state government agency or local government entity whose officer or employee violates subsection 1 commits a civil violation for which a fine of not more than $5,000 may be adjudged. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]

3. Appeal. If the commissioner is aggrieved by a refusal or denial to inspect or copy a record or a failure to allow the inspection or copying of a record under this section, the commissioner may appeal the refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, denial or failure to the Superior Court for the county where the person refusing, failing or denying the inspection or copying resides or the agency employing that person has its principal office. The agency or official shall file a statement of position explaining the basis for denial within 14 calendar days of service of the appeal. If a court, after a review, and taking of testimony and other evidence as determined necessary, determines the refusal, denial or failure was not for just and proper cause, the court shall enter an order for disclosure. Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]

4. Proceedings not exclusive. The proceedings authorized by this section are not exclusive of any other civil remedy provided by law. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]

5. Attorney's fees. In an appeal under subsection 3 or another civil proceeding, the court may award reasonable attorney's fees and litigation expenses to the substantially prevailing plaintiff who appealed pursuant to subsection 3 or in another civil proceeding if the court determines that the illegal action was committed in bad faith. Attorney's fees and litigation costs may not be awarded to or against a federally recognized Indian tribe. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]

6. Subpoena power. The commissioner may, in connection with the performance of the commissioner's duties, apply to the Superior Court for a subpoena to compel the attendance of witnesses and the production of books, papers, records and documents of individuals, firms, associations and corporations and all officers, boards, commissions and departments of county government. The court, before issuing the subpoena, shall provide adequate opportunity for the commissioner and the party against whom the subpoena is requested to be heard. The court may issue the subpoena only on a showing by the commissioner and specific findings of fact by the court that the attendance of the witness or the production of the books, papers, records or documents is reasonably necessary to carry out specific duties of the commissioner that are related to the operations and finances of the county jails and that the commissioner has made reasonable efforts to secure the attendance or the books, papers, records or documents without recourse to compulsory process. [PL 2017, c. 284, Pt. SSSSS, §1 (NEW).]
34-A M.R.S. § 3102 — ME Code / Title 34-A / Chapter 3 / Section 3102
34-A §3102. Restraint of pregnant prisoners and pregnant juveniles
Status: in_force

1. Restraints prohibited. A correctional facility or a detention facility may not use restraints on a prisoner or juvenile known to be pregnant, including during transport to a medical facility or birthing center, labor, delivery and postpartum recovery, unless the chief administrative officer or the designee of the chief administrative officer makes a determination that the prisoner or juvenile presents an extraordinary circumstance as described in subsection 2 . [PL 2015, c. 315, §4 (NEW).]

2. Exceptions. Use of restraints on a pregnant prisoner or a pregnant juvenile for an extraordinary circumstance is permitted only if the chief administrative officer or the designee of the chief administrative officer makes a determination that there is a substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant prisoner or pregnant juvenile, the staff of the correctional facility, detention facility or medical facility, other prisoners or juveniles or the public, except that: A. If a doctor, nurse or other health professional treating the prisoner or juvenile requests that restraints not be used, the corrections officer accompanying the prisoner or juvenile shall immediately remove all restraints; and [PL 2015, c. 315, §4 (NEW).] B. Notwithstanding this subsection, leg or waist restraints may not be used at any time, and restraints may not be used on a prisoner or juvenile in labor or childbirth. [PL 2015, c. 315, §4 (NEW).] [PL 2015, c. 315, §4 (NEW).]

3. Procedures. If restraints are used on a pregnant prisoner or pregnant juvenile pursuant to subsection 2 : A. The corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary; and [PL 2015, c. 315, §4 (NEW).] B. The chief administrative officer or the designee of the chief administrative officer shall make written findings within 10 days as to the extraordinary circumstance that required the use of the restraints. These findings must be kept on file by the correctional facility or detention facility for at least 5 years and must be made available for public inspection, except that individually identifying information of any prisoner or juvenile may not be made public under this paragraph without the prior written consent of the prisoner or juvenile. [PL 2015, c. 315, §4 (NEW).] [PL 2015, c. 315, §4 (NEW).]

4. Privacy. When a prisoner or juvenile is admitted to a medical facility or birthing center for labor or childbirth, a corrections officer may not be present in the room during labor or childbirth unless specifically requested by medical personnel. If a corrections officer's presence is requested by medical personnel, the corrections officer must be female if practicable. [PL 2015, c. 315, §4 (NEW).]
34-A M.R.S. § 1206 — ME Code / Title 34-A / Chapter 1 / Section 1206
34-A §1206. Agreements with community agencies
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agreement" means a legally binding document between 2 parties, including documents commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement or purchase of service. [PL 1983, c. 459, §6 (NEW).] B. "Community agency" means a person, a public or private nonprofit organization or a firm, partnership or business corporation operated for profit, which: (1) Operates a human service program at the community level; and (2) Is not an administrative unit of the Federal Government or State Government. [PL 1983, c. 459, §6 (NEW).] C. "Funds" means any and all general funds, dedicated funds, fees, special revenue funds, 3rd party reimbursements, vendor payments or other funds available for expenditure by the department in support of the provision of a human service. [PL 1983, c. 459, §6 (NEW).] D. "Human service" means any alcoholism, children's community action, corrections, criminal justice, developmental disability, donated food, education, elderly, food stamp, income maintenance, health, juvenile, law enforcement, legal, medical care, mental health, adult developmental, poverty, public assistance, rehabilitation, social, substance use disorder, transportation, welfare or youth service operated by a community agency under an agreement financially supporting the service, wholly or in part, by funds authorized for expenditure for the department. [PL 2017, c. 407, Pt. A, §150 (AMD).] E. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by, one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and which has a territory of operations that may extend to a neighborhood, community, region or the State. [PL 1983, c. 459, §6 (NEW).] F. "State agency client" means the same as set out in Title 20‑A, section 1, subsection 34‑B . [PL 2023, c. 449, §9 (AMD).] [PL 2023, c. 449, §9 (AMD).]

2. Commissioner's powers. The commissioner may disburse funds to a community agency for the purpose of financially supporting a human service, only if the disbursement is covered by a written agreement between the department and the agency, specifying at least the following: A. The human service to be provided by the community agency; [PL 1983, c. 459, §6 (NEW).] B. The method of payment by the department to the community agency; and [PL 1983, c. 459, §6 (NEW).] C. The criteria for monitoring and evaluating the performance of the community agency in the provision of the human service. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

3. Commissioner's duties. [PL 2005, c. 488, §9 (RP).]

4. Payment for state agency clients. The commissioner shall authorize payment of approved board, care and mental health treatment costs for all state agency clients in the care or custody of the department who are placed for other than educational purposes in residential placements, as defined in Title 20‑A, section 1, subsection 24‑A , to the extent of funds appropriated by the Legislature for this purpose. In no event may those payments be authorized in excess of funds appropriated for those costs. [PL 1987, c. 376 (AMD).]
34-B M.R.S. § 5435 — ME Code / Title 34-B / Chapter 5 / Section 5435
34-B §5435. Nongovernmental units
Status: in_force

1. Department grants. Upon application to the department by an unincorporated association or nonstock corporation organized for the improvement of community health and welfare, the commissioner may grant to the applicant money to be used for carrying out its adult developmental services, including any necessary capital expenditures or purchase of buildings. [PL 2011, c. 542, Pt. A, §99 (AMD).]

2. Department grants. The department may make grants to nonprofit corporations for amounts that are reasonable, relative to the quantity and quality of services to be provided by the grantee. A. The department may request a display of effort on the part of the grantee that appropriate local governmental and other funding sources have been sought to assist in the financing of the services for which the department is making the grant. [PL 1995, c. 560, Pt. K, §53 (AMD).] B. The department shall give consideration to the ability of the municipality or governmental unit to support the adult developmental services, as reflected by the State's evaluation of the component communities. [PL 2011, c. 542, Pt. A, §100 (AMD).] C. In making grants to unincorporated associations or nonstock corporations, the department shall take into account all income and resources. [PL 1995, c. 560, Pt. K, §53 (AMD).] [PL 2011, c. 542, Pt. A, §100 (AMD).]
34-B M.R.S. § 5469 — ME Code / Title 34-B / Chapter 5 / Section 5469
34-B §5469. Report
Status: in_force

Within 90 days of the day of the application made under section 5467 , the department shall obtain a report of the comprehensive evaluation made under section 5468 , which must state specifically whether or not the client has an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §112 (AMD).]

1. Client without an intellectual disability or autism. If the comprehensive evaluation concludes that the client does not have an intellectual disability or autism, the department shall deny the application for services, care and treatment, but shall make appropriate referrals in cases where clear needs of the client exist. [PL 2011, c. 542, Pt. A, §112 (AMD).]

2. Client with an intellectual disability or autism. If the comprehensive evaluation concludes that the client has an intellectual disability or autism and is in need of services: A. The department, through the regional office, shall determine the client's case management status and develop a personal plan or service plan; and [PL 2003, c. 389, §11 (AMD).] B. The department, through the planning team, shall develop a personal plan or service plan for the client within 45 days of the date of the determination of eligibility. Implementation of the plan is governed by section 5471, subsection 4 . [PL 2003, c. 389, §11 (AMD).] [PL 2011, c. 542, Pt. A, §112 (AMD).]

3. Preschool child. If the report of the comprehensive evaluation concludes that a child, aged 0 to 5 years, is developmentally delayed and is in need of infant development services or other early intervention services: A. The department, through the regional office, shall develop a personal plan or service plan, or both; and [PL 2003, c. 389, §12 (AMD).] B. If a personal plan is to be developed, the department, through the planning team, shall develop and begin to implement a personal plan for the client within 60 days of the application made under section 5467 . [PL 2003, c. 389, §12 (AMD).] [PL 2003, c. 389, §12 (AMD).]
34-B M.R.S. § 5206 — ME Code / Title 34-B / Chapter 5 / Section 5206
34-B §5206. Crisis and respite services
Status: in_force

The department shall provide crisis and respite services throughout the State in accordance with this section. [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).]

1. Crisis services. The department shall maintain the capacity to intervene in personal crises that could lead to the loss of the home, program or employment of a person with an intellectual disability or autism. Such capacity must include: A. Assessment, consultation, planning, training and support for persons with intellectual disabilities or autism and their families or allies both before and after a crisis occurs; [PL 2011, c. 542, Pt. A, §93 (AMD).] B. Providing staff support to prevent or respond to a crisis at the site of the crisis when appropriate; [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).] C. Ensuring mental health supports when necessary, including access to a licensed mental health provider, inpatient treatment when indicated, psychiatric services and mental health aftercare services; and [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).] D. Identifying appropriate professional services for the person in crisis. [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2011, c. 542, Pt. A, §93 (AMD).]

2. Out-of-home services. The department shall provide out-of-home services in accordance with this subsection. A. The department shall maintain an adequate capacity to provide out-of-home safety and support by trained staff with appropriate professional backup resources for a person with an intellectual disability or autism experiencing a crisis that cannot be safely managed at the person’s residence. [PL 2011, c. 542, Pt. A, §93 (AMD).] B. Unless otherwise specified in personal planning, crisis intervention services must be provided at a person’s home, program or workplace when prevention efforts are not successful. The services must assist with admission to an appropriate out-of-home service in the event that intervention in the home, program or workplace is inappropriate. [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).] [PL 2011, c. 542, Pt. A, §93 (AMD).]

3. Transportation. The department may not routinely use law enforcement entities to transport persons with intellectual disabilities or autism in crisis. Transportation of persons in crisis by law enforcement personnel may occur only if such transportation has been specifically authorized by the person’s guardian or personal planning team or when determined by law enforcement personnel to be necessary to provide for the safety of the person or others. [PL 2011, c. 542, Pt. A, §93 (AMD).]

4. Post-crisis review. A post-crisis review must occur no more than 10 working days after any out-of-home crisis placement. The review must include significant providers and supporters, including appropriate members of the person’s planning team. The review must identify possible causes of the person’s crisis and must recommend for the personal planning team changes in the person’s environment, services and supports to prevent crises in the future. [PL 2007, c. 356, §19 (NEW); PL 2007, c. 356, §31 (AFF).]

5. Respite services. The department shall maintain and fund a statewide respite system for planned or unplanned respite for persons with intellectual disabilities or autism and their families. The department shall, when appropriate, use the natural supports of a person in the development of respite services. For purposes of this subsection, "natural supports" means those supports provided by persons who are not disability service providers but who provide assistance, contact or companionship to enable a person with an intellectual disability or autism to participate independently in employment or other community settings. [PL 2011, c. 542, Pt. A, §93 (AMD).]

6. Information regarding use. The department shall maintain information regarding use of crisis and respite services sufficient to plan and budget for adequate crisis and respite services. The information must include an assessment of the needs, both met and unmet, for crisis and respite services. The department shall provide information regarding the availability of services under this section and the proper means to obtain them to persons with intellectual disabilities or autism, their parents and allies, providers of services and other interested persons. [PL 2011, c. 542, Pt. A, §93 (AMD).]

7. Training. The department shall offer regular and ongoing information, consultation and training on crisis prevention and intervention and respite services to its own staff, providers and persons with intellectual disabilities or autism and their families, guardians, correspondents and allies. [PL 2011, c. 542, Pt. A, §93 (AMD).]

8. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 290, §1 (NEW).]
34-B M.R.S. § 1217 — ME Code / Title 34-B / Chapter 1 / Section 1217
34-B §1217. Application of consent decree
Status: in_force

It is the intent of the Legislature that the principles of the consent decree issued on August 2, 1990 by the Superior Court, Kennebec County, in Civil Action Docket No. 89-88 as they relate to the development of a comprehensive mental health system apply to all persons with severe and prolonged mental illness. The individualized support plan process as contained in the decree in paragraphs 49 through 74, to the extent possible and within available resources, must be applicable to current and future patients of the former Bangor Mental Health Institute and the Dorothea Dix Psychiatric Center. In addition, patient assessments must be provided to Bangor Mental Health Institute and Dorothea Dix Psychiatric Center patients beginning July 1, 1991 and must be completed quarterly until individualized support plan implementation is developed. [PL 2005, c. 683, Pt. A, §58 (AMD).]
34-A M.R.S. § 3048 — ME Code / Title 34-A / Chapter 3 / Section 3048
34-A §3048. Religious services
Status: in_force

The commissioner shall adopt rules that provide for the accommodation of any prisoner who expresses a desire to practice a religion of the prisoner's choice as long as the practice does not present a threat to the safety, security or orderly management of the facility in which the prisoner is housed. The rules must be consistent with all federal requirements. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 546, §1 (NEW).]
34-A M.R.S. § 9886 — ME Code / Title 34-A / Chapter 9 / Section 9886
34-A §9886. Violation of interstate compact for adult offender supervision
Status: in_force

Violation of the requirements of an interstate compact for adult offender supervision as enacted by the sentencing state is a Class D crime as provided in Title 17-A, section 759 . [PL 2003, c. 706, Pt. B, §7 (NEW).]
34-B M.R.S. § 7006 — ME Code / Title 34-B / Chapter 7 / Section 7006
34-B §7006. Contents of petition for determination of ability to give informed consent for sterilization
Status: in_force

The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth: [PL 1983, c. 459, §7 (NEW).]

1. Person seeking sterilization or for whom sterilization is sought. Name, age and residence of the person seeking sterilization or for whom sterilization is sought; [PL 1983, c. 459, §7 (NEW).]

2. Parent, guardian or spouse. Names and residences of any parents, spouse or guardian of the person seeking sterilization or for whom sterilization is sought; [PL 1983, c. 459, §7 (NEW).]

3. Basis of petition. A statement of the factors, including any listed in section 7004, subsection 2 , and mental condition, when appropriate, which necessitate a determination of the ability of the person seeking sterilization or for whom sterilization is sought to give informed consent for sterilization; [PL 1983, c. 459, §7 (NEW).]

4. Reasons for sterilization. A statement of the reasons for which sterilization is sought; and [PL 1983, c. 459, §7 (NEW).]

5. Person initiating petition. The name, address, position and statement of interest of the person initiating the petition or any person assisting with a self-initiated petition. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 7001 — ME Code / Title 34-A / Chapter 7 / Section 7001
34-A §7001. Responsibility of the department
Status: in_force

The department is responsible for: [PL 1983, c. 459, §6 (NEW).]

1. Services. Within the limits of available funding, ensuring the provision of all services necessary to: A. Prevent juveniles from coming into contact with the Juvenile Court; and [PL 1983, c. 459, §6 (NEW).] B. Support and rehabilitate those juveniles who do come into contact with the Juvenile Court; [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

2. Information. Gathering standardized information on the characteristics of and the present and past services needs of juveniles who have come into contact with the Juvenile Court and gathering standardized information on the extent to which those needs are being met; [PL 1983, c. 459, §6 (NEW).]

3. Proposals. Making proposals for meeting the prevention and rehabilitation services needs which are not being addressed; and [PL 1983, c. 459, §6 (NEW).]

4. Coordination. Coordinating its efforts in discharging the responsibility given under this section with those of other state or local agencies in order to effectively use existing resources to the maximum extent possible to achieve the purposes of this chapter and Title 15, Par t 6. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9221 — ME Code / Title 34-A / Chapter 9 / Section 9221
34-A §9221. Ratification
Status: in_force

The New England Interstate Corrections Compact is enacted into law and entered into by this State with any other of the states mentioned in Article II legally joining therein in the form substantially as provided in this subchapter. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11202 — ME Code / Title 34-A / Chapter 15 / Section 11202
34-A §11202. Application
Status: in_force

Unless excepted under section 11202-A , this chapter applies to: [PL 2009, c. 365, Pt. B, §2 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

1. Maine. A person sentenced in this State on or after January 1, 1982 for a sex offense or a sexually violent offense as an adult or as a juvenile sentenced as an adult; and [PL 2005, c. 423, §1 (NEW).]

2. Other jurisdictions. A person sentenced in another jurisdiction as an adult or as a juvenile sentenced as an adult: A. At any time of an offense that requires registration in the jurisdiction of conviction pursuant to that jurisdiction's sex offender registration laws or that would have required registration had the person remained there; [PL 2009, c. 365, Pt. B, §2 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. On or after January 1, 1982, of an offense that contains the essential elements of a sex offense or sexually violent offense; or [PL 2009, c. 365, Pt. B, §2 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] C. At any time for a military, tribal or federal offense requiring registration pursuant to: (1) The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, as amended; or (2) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248. [PL 2009, c. 365, Pt. B, §2 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §2 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 9921 — ME Code / Title 34-A / Chapter 9 / Section 9921
34-A §9921. State Council for Adult Offender Supervision established
Status: in_force

The State Council for Adult Offender Supervision, referred to in this section as "the council," is established to provide oversight and guidance to the State's participation in the Interstate Compact for Adult Offender Supervision. [PL 2011, c. 676, §1 (AMD).]

1. Membership. The council consists of 7 members as follows: A. The Senate chair of the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters or the chair's designee; [PL 2011, c. 676, §1 (AMD).] B. The House chair of the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters or the chair's designee; [PL 2011, c. 676, §1 (AMD).] C. Three members who are appointed by the commissioner for a term of 4 years, or until a successor is appointed, and who are eligible for reappointment at the discretion of the commissioner: (1) One prosecutor; (2) One representative of a statewide association representing victims of crime; and (3) One representative representing law enforcement; [PL 2011, c. 676, §1 (AMD).] D. The compact administrator for the Interstate Compact for Adult Offender Supervision, who may be a designee appointed by the commissioner to administer the Interstate Compact for Adult Offender Supervision; and [PL 2011, c. 676, §1 (AMD).] E. The Associate Commissioner for Adult Services or the associate commissioner's designee. [PL 2011, c. 676, §1 (AMD).] F. [PL 2011, c. 676, §1 (RP).] The council shall invite the Chief Justice of the Supreme Judicial Court to designate a trial judge to act as advisor to the council. [PL 2011, c. 676, §1 (AMD).]
34-A M.R.S. § 3812 — ME Code / Title 34-A / Chapter 3 / Section 3812
34-A §3812. Discharge
Status: in_force

1. Duty. The superintendent shall cause a juvenile client to be discharged from the facility: A. When the client becomes 21 years of age or otherwise reaches the end of the period of the Juvenile Court's commitment. [PL 1995, c. 502, Pt. F, §29 (AMD).] B. [PL 1995, c. 502, Pt. F, §29 (RP).] [PL 1999, c. 583, §36 (AMD).]

2. Power. The superintendent may cause a juvenile client to be discharged from the facility when the superintendent determines that discharge is in the best interest of the client or that the client has benefited optimally from the services and facilities of the facility. [PL 1999, c. 583, §36 (AMD).]
34-B M.R.S. § 7005 — ME Code / Title 34-B / Chapter 7 / Section 7005
34-B §7005. Sterilization authorized by court
Status: in_force

1. Court order required. A District Court order authorizing sterilization is required before the sterilization of any person described in section 7004, subsection 2 . [PL 1983, c. 459, §7 (NEW).]

2. Determination prior to issuance of order. Before an order may be issued, the court shall determine whether the person seeking sterilization or for whom sterilization is sought is able to give informed consent for sterilization and, if so, whether that person has given informed consent for sterilization. [RR 2019, c. 2, Pt. B, §103 (COR).]
34-A M.R.S. § 3261 — ME Code / Title 34-A / Chapter 3 / Section 3261
34-A §3261. Delivery to the prison
Status: in_force

When a person is convicted and sentenced to the department and is to be transported to the prison from any county: [PL 1999, c. 583, §21 (AMD).]

1. Duties of commissioner. The commissioner shall immediately notify the warden and the sheriff of the county in which the sentencing court is located; [PL 1983, c. 581, §§38, 59 (RPR).]

2. Duties of the sheriff. The sheriff of the county in which the sentencing court is located shall: A. Transport the person to the prison, using a sufficient number of the sheriff's appointed deputies when necessary; and [PL 1999, c. 583, §21 (AMD).] B. Deliver the person to the officer in charge of the prison between the hours of 8 a.m. and 4 p.m. Monday to Friday, except for holidays, unless prior arrangements for an alternative time have been made with the warden, accompanied by a duly signed warrant of commitment and record, as provided by Title 15, section 1707 ; [PL 1999, c. 583, §21 (AMD).] [PL 1999, c. 583, §21 (AMD).]

3. Duties of the jail keeper. When, during the conveyance of a person to the prison in pursuance of that person's sentence, it is necessary or convenient to lodge the person for safekeeping in a jail until the remainder of the conveyance can be conveniently performed, the keeper of the jail shall: A. Receive and safely keep and provide for the person, reasonable charges and expenses for this service to be paid from the State Treasury; and [PL 1999, c. 583, §21 (AMD).] B. Deliver the person to the custody of the deputy employed to convey the person, when that deputy calls for the person; and [PL 1999, c. 583, §21 (AMD).] [PL 1999, c. 583, §21 (AMD).]

4. Duties of the warden. The warden shall: A. File the record, as provided by Title 15, section 1707 in the warden's office. [PL 2009, c. 391, §18 (AMD).] B. [PL 2009, c. 391, §18 (RP).] [PL 2009, c. 391, §18 (AMD).]
34-B M.R.S. § 3805 — ME Code / Title 34-B / Chapter 3 / Section 3805
34-B §3805. Prohibited acts; penalty
Status: in_force

1. Unwarranted hospitalization. A person is guilty of causing unwarranted hospitalization if that person willfully causes the unwarranted hospitalization of any person under this subchapter. [RR 2019, c. 2, Pt. B, §97 (COR).]

2. Denial of rights. A person is guilty of causing a denial of rights if that person willfully causes the denial to any person of any of the rights accorded by this subchapter. [RR 2019, c. 2, Pt. B, §98 (COR).]

3. Penalty. Causing unwarranted hospitalization or causing a denial of rights is a Class C crime. [PL 2017, c. 475, Pt. C, §11 (AMD).]
34-B M.R.S. § 3621 — ME Code / Title 34-B / Chapter 3 / Section 3621
34-B §3621. Crisis Intervention Program established
Status: in_force

The department shall establish the Crisis Intervention Program to serve Penobscot, Hancock, Piscataquis and Washington Counties. This shall be a community-based program to provide counseling, consultation, evaluation, treatment and referral, education and training services, delivered by a crisis intervention team. The program shall provide the following services: [PL 1987, c. 349, Pt. H, §21 (NEW).]

1. Emergency room services. Crisis intervention and psychiatric emergency services based in a hospital emergency room; [PL 1987, c. 349, Pt. H, §21 (NEW).]

2. Outreach services. Outreach services and crisis intervention beyond the hospital setting; and [PL 1987, c. 349, Pt. H, §21 (NEW).]

3. Telephone hot-line services. A community-based telephone crisis intervention hot-line offering 24-hour, 7-days-a-week counseling, consultation, evaluation, treatment and referral services. [PL 1987, c. 349, Pt. H, §21 (NEW).]
34-B M.R.S. § 1435 — ME Code / Title 34-B / Chapter 1 / Section 1435
34-B §1435. Unnatural death of resident
Status: in_force

When the death of any resident in a state institution is not clearly the result of natural causes, an examination and inquest shall be held as in other cases, and the commissioner or the chief administrative officer of the institution shall cause a medical examiner to be immediately notified for that purpose. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3038-A — ME Code / Title 34-A / Chapter 3 / Section 3038-A
34-A §3038-A. Care of children of committed offenders
Status: in_force

1. Commitment of child. If a client, at the time of commitment to the custody of the Department of Corrections, is the parent of and is providing exclusive care for any child who might otherwise be left without proper care or guardianship, the judge committing that client shall cause the child to be committed to: A. A children's home provided by law for the child's care or guardianship; [PL 1983, c. 459, §6 (NEW).] B. The care and custody of some relative or proper person willing to assume the care; or [PL 1983, c. 459, §6 (NEW).] C. The custody of the Department of Health and Human Services. [PL 1983, c. 459, §6 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] [PL 1991, c. 314, §44 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Controlling statute. Any commitment of a child under this section is subject to Title 22, sections 4006 , 4037 , 4038 , 4061 and 4063 . [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1602 — ME Code / Title 34-B / Chapter 1 / Section 1602
34-B §1602. Negotiations with municipalities
Status: in_force

The Commissioner of Health and Human Services shall negotiate with officials of a municipality in which state institutions for both juveniles and adults constructed after the effective date of this section are located to provide state reimbursement to that municipality for the net increased costs that a new state institution imposes on that municipality. Negotiations may commence only upon request of municipal officials and only within 6 months after the net increased costs arise. As used in this section, unless the context otherwise indicates, the following terms have the following meanings: [PL 1995, c. 560, Pt. K, §28 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

1. State institution. "State institution" means those facilities outlined in section 1001, subsection 8 . [PL 1989, c. 591, §4 (NEW).]

2. Net increased costs. "Net increased costs" means the costs of those services rendered to the facility by the municipality and the costs of any adverse impact proximately caused by the operation of the facility, subtracted from the fair market value of those services rendered by the facility to the municipality. [PL 1989, c. 591, §4 (NEW).]
34-A M.R.S. § 1601 — ME Code / Title 34-A / Chapter 1 / Section 1601
34-A §1601. Negotiations with municipalities
Status: in_force

The Commissioner of Corrections, or the commissioner's designee, shall negotiate with officials of the municipality in which correctional facilities for both juveniles and adults constructed after the effective date of this section are located to provide state reimbursement to that municipality for the net increased costs that a new correctional facility imposes on that municipality. Negotiations shall commence only upon request of municipal officials and only within 6 months after the net increased costs arise. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 591, §1 (NEW).]

1. Correctional facility. "Correctional facility" means those facilities outlined in section 1001, subsection 6 . [PL 1989, c. 591, §1 (NEW).]

2. Net increased costs. "Net increased costs" means the costs of those services rendered to the facility by the municipality and the costs of any adverse impact proximately caused by the operation of the facility, subtracted from the fair market value of those services rendered by the facility to the municipality. [PL 1989, c. 591, §1 (NEW).]
34-A M.R.S. § 4205 — ME Code / Title 34-A / Chapter 3 / Section 4205
34-A §4205. Employees of the facility
Status: in_force

Employees of the facility have the same power as do deputy sheriffs in their respective counties to search for and apprehend escapees from the facility when authorized to do so by the warden. [PL 2025, c. 4, §4 (AMD).]
34-A M.R.S. § 9409 — ME Code / Title 34-A / Chapter 9 / Section 9409
34-A §9409. Other arrangements unaffected--Article IX
Status: in_force

Nothing contained in this compact shall be construed to abrogate nor impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 1402 — ME Code / Title 34-B / Chapter 1 / Section 1402
34-B §1402. Community services
Status: in_force

1. Commissioner's duty. In every state institution to which a person with mental illness or an intellectual disability may be committed, the commissioner shall organize and administer the duties set forth in subsection 2 . [PL 2011, c. 542, Pt. A, §69 (AMD).]

2. Duties. The department shall: A. Supervise clients who have left the institution with a view to their safe care at home, suitable employment and self-support under good working and living conditions, and with a view to prevention of their relapse and return to public dependency; [PL 1983, c. 459, §7 (NEW).] B. Provide for informing and advising any indigent person, that person's relatives or friends and the representatives of any charitable agency as to: (1) The mental condition of the indigent person; (2) The prevention and treatment of the condition; (3) The available institutions or other means of caring for the person; and (4) Any other matter relative to the welfare of the person; and [PL 2009, c. 299, Pt. A, §6 (AMD).] C. Acquire and disseminate knowledge of mental disease, intellectual disabilities, autism and other related conditions with a view to promoting a better understanding and the most enlightened public sentiment and policy in these matters, and in this work the department may cooperate with local authorities, schools and social agencies. [PL 2011, c. 542, Pt. A, §70 (AMD).] [PL 2011, c. 542, Pt. A, §70 (AMD).]
34-A M.R.S. § 5802 — ME Code / Title 34-A / Chapter 5 / Section 5802
34-A §5802. Parole by board
Status: in_force

The board may grant a parole from a penal or correctional institution after the expiration of the period of confinement, less deductions for good behavior, or after compliance with conditions provided for in section 5803 applicable to the sentence being served by the prisoner or inmate. It may revoke a parole when a condition of the parole is violated. [PL 2013, c. 508, §8 (AMD).]

1. Duration and conditions of parole. When the board grants a parole, upon release, the parolee shall serve the unexpired portion of his sentence, less deductions for good behavior, unless otherwise discharged therefrom by the board. [PL 1983, c. 459, §6 (NEW).]

2. Custody and control. While on parole, the parolee is under the custody of the warden of the institution from which the parolee was released, but under the immediate supervision of and subject to the rules of the department or any special conditions of parole imposed by the board. [PL 2015, c. 329, Pt. A, §20 (AMD).]
34-A M.R.S. § 9880 — ME Code / Title 34-A / Chapter 9 / Section 9880
34-A §9880. Finance--Article 10
Status: in_force

1. Expenses. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. [PL 2003, c. 495, §1 (NEW).]

2. Assessment. The interstate commission shall levy and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff, which must be sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states that governs the assessment. [PL 2003, c. 495, §1 (NEW).]

3. Obligations. The interstate commission may not incur any obligations of any kind prior to securing the funds adequate to meet the same obligations; nor may the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. [PL 2003, c. 495, §1 (NEW).]

4. Accounts. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the interstate commission. [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 9209 — ME Code / Title 34-A / Chapter 9 / Section 9209
34-A §9209. Other arrangements unaffected--Article IX
Status: in_force

Nothing contained in this compact shall be construed to abrogate nor impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 6201 — ME Code / Title 34-B / Chapter 6 / Section 6201
34-B §6201. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 503, §12 (NEW).]

1. Bureau. [PL 1995, c. 560, Pt. K, §66 (RP).]

2. Child in need of treatment. "Child in need of treatment" means: A. [PL 1993, c. 738, Pt. E, §3 (RP); PL 1993, c. 738, Pt. E, §6 (AFF).] B. A child 17 years of age or younger who has treatment needs related to mental illness, an intellectual disability, autism, other developmental disabilities or emotional or behavioral needs that are not under current statutory authority of other state agencies; or [PL 2011, c. 542, Pt. A, §133 (AMD).] C. A person 18 years of age or older and under 21 years of age who has treatment needs related to mental illness, an intellectual disability, autism, other developmental disabilities or emotional or behavioral needs if the department has determined that it is in the interest of that person to receive treatment through the department. [PL 2011, c. 542, Pt. A, §133 (AMD).] [PL 2011, c. 542, Pt. A, §133 (AMD).]

2-A. Respite care. "Respite care" means temporary care-giving to a child or adult for the purpose of relieving that person's family or another primary care-giver. Persons who have completed the training program for respite care providers through the department are eligible for any insurance provided to family foster home providers pursuant to Title 5, section 1728-A . In any action for damages against a respite care provider insured pursuant to Title 5, section 1728-A , for damages covered under that policy, the claims for and award of those damages, including costs and interest, may not exceed $300,000 for any and all claims arising out of a single occurrence. When the amount awarded to or settled for multiple claimants exceeds the limit imposed by this section, any party may apply to the Superior Court for the county in which the governmental entity is located to allocate to each claimant that claimant's equitable share of the total, limited as required by this section. Any award by the court in excess of the maximum liability limit must be automatically abated by operation of this section to the maximum limit of liability. Nothing in this subsection may be construed to make respite care a state activity nor may it expand in any way the liability of the State or respite care provider. [RR 2003, c. 2, §104 (COR).]

3. Treatment. "Treatment" means the provision of services to children in need of treatment and their families, the services consisting primarily of: A. Psychiatric, psychological, counseling, developmental and other therapeutic modalities; and [PL 1985, c. 503, §12 (NEW).] B. Social, interpersonal and other living skills, related supportive services and habilitative training. [PL 1985, c. 503, §12 (NEW).] [PL 1985, c. 503, §12 (NEW).]
34-A M.R.S. § 3012 — ME Code / Title 34-A / Chapter 3 / Section 3012
34-A §3012. Food and food supplies
Status: in_force

1. Operation of commissary. Notwithstanding Title 5, section 8‑C , the chief administrative officer of a correctional facility or detention facility may, subject to the approval of the commissioner, permit the operation of a commissary for the sale of food and food supplies to persons residing in the facility and to facility employees. [PL 2005, c. 488, §11 (NEW).]

2. Provision of meals to employees. Notwithstanding Title 5, section 8‑C , the chief administrative officer of a correctional facility or detention facility may, subject to the approval of the commissioner, purchase meals for or otherwise provide meals without charge to any facility employee who eats such meals within the scope of employment and in so doing serves a function of employment. [PL 2005, c. 488, §11 (NEW).]
34-A M.R.S. § 5401 — ME Code / Title 34-A / Chapter 5 / Section 5401
34-A §5401. Administration of probation and parole services
Status: in_force

The Department of Corrections is charged with the administration of probation and parole services within the State. [PL 2013, c. 133, §26 (AMD).]

1. Director. [PL 1995, c. 502, Pt. F, §33 (RP).]

2. Employees. [PL 1995, c. 502, Pt. F, §33 (RP).]
34-B M.R.S. § 5601 — ME Code / Title 34-B / Chapter 5 / Section 5601
34-B §5601. Definitions
Status: in_force

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

1. Client. [PL 1993, c. 326, §2 (RP).]

1-A. Ally. "Ally" means an individual who a person trusts to provide assistance. [PL 2007, c. 356, §22 (NEW); PL 2007, c. 356, §31 (AFF).]

1-B. Behavior management. "Behavior management" means systematic strategies to prevent the occurrence of challenging behavior or to keep the person or others safe by reducing the factors that lead to challenging behavior or otherwise limiting the person's ability to engage in challenging behavior. [PL 2011, c. 186, Pt. A, §2 (NEW).]

1-C. Behavior modification. "Behavior modification" means teaching strategies, positive support and other interventions to support a person to learn alternatives to challenging behavior. [PL 2011, c. 186, Pt. A, §3 (NEW).]

1-D. Acquired brain injury. "Acquired brain injury" has the same meaning as in Title 22, section 3086, subsection 1 . [PL 2021, c. 284, Pt. A, §4 (NEW).]

2. Day facility. [PL 2011, c. 186, Pt. A, §4 (RP).]

3. Express and informed consent. "Express and informed consent" means consent voluntarily given with sufficient knowledge and comprehension of the subject matter involved so as to enable the person giving consent to make an understanding and enlightened decision, without any element of force, fraud, deceit, duress or other form of constraint or coercion. [PL 1983, c. 459, §7 (NEW).]

4. Habilitation. "Habilitation" means the process by which an individual is assisted to acquire and maintain those life skills that enable that individual to cope with the demands of that individual's own person and environment, to raise the level of that individual's physical, mental and social efficiency and to upgrade that individual's sense of well-being, including, but not limited to, programs of formal, structured education and treatment. [RR 2019, c. 2, Pt. B, §101 (COR).]

5. Normalization principle. "Normalization principle" means the principle of assisting the person with an intellectual disability or autism to obtain an existence as close to normal as possible and making available to that person patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society. [PL 2011, c. 542, Pt. A, §121 (AMD).]

5-A. Person receiving services. "Person receiving services" means a person with an intellectual disability or autism receiving services from the department or from an agency or facility licensed or funded to provide services to persons with intellectual disabilities or autism except those presently serving sentences for crime. [PL 2011, c. 542, Pt. A, §122 (AMD).]

5-B. Provider. "Provider" means an entity, organization or individual providing services to an adult with an intellectual disability or autism, funded in whole or in part or licensed or certified by the department. [PL 2011, c. 542, Pt. A, §123 (AMD).]

6. Residential facility. [PL 2011, c. 186, Pt. A, §7 (RP).]

6-A. Restraint. "Restraint" means a mechanism or action that limits or controls a person's voluntary movement, deprives a person of the use of all or part of the person's body or maintains a person in an area against the person's will by another person's physical presence or coercion. "Restraint" does not include a prescribed therapeutic device or intervention or a safety device or practice. [PL 2011, c. 186, Pt. A, §8 (NEW).]

6-B. Safety device or practice. "Safety device or practice" means a device or practice that has the effect of reducing or inhibiting a person's movement in any way but whose purpose is to maintain or ensure the safety of the person. "Safety device or practice" includes but is not limited to implements, garments, gates, barriers, locks or locking apparatuses, alarms, helmets, masks, gloves, straps, belts or protective gloves whose purpose is to maintain the safety of the person. [PL 2011, c. 186, Pt. A, §9 (NEW).]

7. Seclusion. "Seclusion" means the solitary, involuntary confinement for any period of time of a person receiving services in a room or specific area from which egress is denied by a locking mechanism or barrier. [PL 2011, c. 186, Pt. A, §10 (AMD).]

7-A. Supports. "Supports" means actions or assistance that empowers a person with an intellectual disability or autism to carry out life activities, build relationships and learn the skills necessary to meet the person's needs and desires. [PL 2011, c. 542, Pt. A, §124 (AMD).]

7-B. Therapeutic device or intervention. "Therapeutic device or intervention" means an apparatus or activity prescribed by a qualified professional to achieve proper body position, balance or alignment or an action or apparatus that is designed to enhance sensory integration. [PL 2011, c. 186, Pt. A, §12 (NEW).]

8. Treatment. "Treatment" means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. [PL 2011, c. 186, Pt. A, §13 (AMD).]
34-A M.R.S. § 9632 — ME Code / Title 34-A / Chapter 9 / Section 9632
34-A §9632. Enforcement and cooperation by courts and agencies
Status: in_force

All courts, departments, agencies, officers and employees of this State and its political subdivisions shall enforce the agreement on detainers contained within Article I , and cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9635 — ME Code / Title 34-A / Chapter 9 / Section 9635
34-A §9635. Commissioner of Corrections to make rules and regulations
Status: in_force

The Commissioner of Corrections is designated as the officer provided for in section 9607 . [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3044 — ME Code / Title 34-A / Chapter 3 / Section 3044
34-A §3044. Escapees; fugitives; apprehension
Status: in_force

1. Escapees. The commissioner shall take all proper measures for, and may, with the approval of the Governor, offer a reward for the apprehension and return of any client in any correctional or detention facility who has escaped from the control of the department. A. The reward may not exceed $1,000. [PL 1983, c. 581, §§24, 59 (RPR).] B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw a warrant upon the Treasurer of State for the payment of the reward. [PL 1991, c. 314, §48 (AMD).] [PL 1991, c. 314, §48 (AMD).]

2. Fugitives. When there is reasonable cause to believe that a person charged with a crime and unapprehended for it cannot be arrested and secured in the ordinary course of proceedings, the Governor may, upon application in writing of the Attorney General or district attorney for the county in which the crime was committed, and upon terms which he deems expedient and proper, offer a suitable reward for the arrest, return and delivery into custody of the fugitive from justice. A. The reward may not exceed $1,000. [PL 1983, c. 581, §§24, 59 (RPR).] B. Upon satisfactory proof that the terms of the reward offer have been complied with, the Governor may draw his warrant upon the Treasurer of State for the payment of the reward. [PL 1983, c. 581, §§24, 59 (RPR).] [PL 1983, c. 581, §§24, 59 (RPR).]
34-B M.R.S. § 5203 — ME Code / Title 34-B / Chapter 5 / Section 5203
34-B §5203. Protective and supportive services
Status: in_force

1. Department authority. The department may provide protective or supportive services in response to complaints concerning, and requests for assistance from or on behalf of, all incapacitated persons, under the following conditions. A. Except for seeking the appointment of a guardian, protective or supportive services may be initiated only: (1) With the acquiescence of the incapacitated person; and (2) After consultation, insofar as possible, with the family or the guardian of the incapacitated person. [PL 1983, c. 459, §7 (NEW).] B. The role of the department must be primarily that of supervision and coordination. [PL 1995, c. 560, Pt. K, §48 (AMD).] [PL 1995, c. 560, Pt. K, §48 (AMD).]

2. Payment for services. Payment for services under this section is governed as follows. A. The department may pay for protective and supportive services to incapacitated persons from its own resources, by mobilizing available community resources or by purchase of services from voluntary or state agencies. [PL 1995, c. 560, Pt. K, §49 (AMD).] B. To the extent that assets are available to incapacitated persons or wards, the cost of services must be borne by the estate of persons receiving the services. [PL 1993, c. 410, Pt. CCC, §30 (AMD).] C. The department may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any incapacitated person, and shall apply those benefits toward the care and treatment of the incapacitated person. [PL 1995, c. 560, Pt. K, §49 (AMD).] D. The department may operate an adaptive equipment program. Reimbursement for materials utilized in the manufacture of this equipment may be received and must be retained for use within the adaptive equipment program. [PL 1995, c. 560, Pt. K, §49 (AMD).] [PL 1995, c. 560, Pt. K, §49 (AMD).]

3. Rules. Adoption, amendment and appeal of rules under this section are governed as follows. A. The department shall adopt, and may amend or repeal, rules governing the administration of this section, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1995, c. 560, Pt. K, §50 (AMD).] B. The department shall hold a public hearing before adopting, amending or repealing the rules, and shall give notice of the public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1995, c. 560, Pt. K, §50 (AMD).] [PL 1995, c. 560, Pt. K, §50 (AMD).]
34-A M.R.S. § 11289 — ME Code / Title 34-A / Chapter 17 / Section 11289
34-A §11289. Certification by record custodian
Status: in_force

1. Certificate admissible. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the bureau, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate. [PL 2015, c. 280, §19 (NEW).]

2. Qualified witness. With 10 days' written notice to the prosecution, the defendant may request that a qualified witness testify to the matters of which the certificate under subsection 1 constitutes prima facie evidence. The notice must specify those matters concerning which the defendant requests testimony. The certificate is not prima facie evidence in those matters. [PL 2015, c. 280, §19 (NEW).]
34-A M.R.S. § 3049 — ME Code / Title 34-A / Chapter 3 / Section 3049
34-A §3049. Involuntary medication of person with mental illness
Status: in_force

1. Grounds for involuntary medication. A person with mental illness residing in a mental health unit of a correctional facility that provides intensive mental health care and treatment may be given medication for the mental illness without the consent of the person if, upon application by the chief administrative officer of the facility, the Superior Court of the county in which the correctional facility is located finds by clear and convincing evidence that: A. The person is a person with mental illness; [PL 2013, c. 434, §4 (NEW).] B. As a result of the mental illness, the person poses a likelihood of serious harm; [PL 2013, c. 434, §4 (NEW).] C. The medication has been recommended by the facility's treating psychiatrist as treatment for the person's mental illness; [PL 2013, c. 434, §4 (NEW).] D. The recommendation for the medication has been supported by a professional who is qualified to prescribe the medication and who does not provide direct care to the person; [PL 2013, c. 434, §4 (NEW).] E. The person lacks the capacity to make an informed decision regarding medication; [PL 2013, c. 434, §4 (NEW).] F. The person is unable or unwilling to consent to the recommended medication; [PL 2013, c. 434, §4 (NEW).] G. The need for the recommended medication outweighs the risks and side effects; and [PL 2013, c. 434, §4 (NEW).] H. The recommended medication is the least intrusive appropriate treatment option. [PL 2013, c. 434, §4 (NEW).] For purposes of this subsection, "intensive mental health care and treatment" means daily on-site psychiatric treatment services, daily on-site group and individual mental health treatment and other therapeutic programs and 24-hour on-call psychiatric coverage and includes, as authorized in accordance with this section, the ability to order and administer involuntary medication for treatment purposes. [PL 2013, c. 434, §4 (NEW).]

2. Rights prior to involuntary medication. Except as provided in this section, a person who is the subject of an application for an order permitting involuntary medication pursuant to this section must be provided, before being medicated, a court hearing at which the person has the following rights. A. The person is entitled, at least 7 days before the hearing, to written notice of the hearing and a copy of the application for an order permitting involuntary medication, including the specific factual basis for each of the grounds set out in subsection 1 . [PL 2013, c. 434, §4 (NEW).] B. The person is entitled to be present at the hearing. [PL 2013, c. 434, §4 (NEW).] C. The person is entitled to be represented by counsel. [PL 2013, c. 434, §4 (NEW).] D. The person is entitled to present evidence, including by calling one or more witnesses. [PL 2013, c. 434, §4 (NEW).] E. The person is entitled to cross-examine any witness who testifies at the hearing. [PL 2013, c. 434, §4 (NEW).] F. The person is entitled to appeal to the Supreme Judicial Court any order by the Superior Court permitting involuntary medication. [PL 2013, c. 434, §4 (NEW).] [PL 2013, c. 434, §4 (NEW).]

3. Court hearing. Except as provided in this section, the following applies to the court hearing. A. The Superior Court may, in its discretion, grant a continuation of the hearing for up to 10 days for good cause shown. [PL 2013, c. 434, §4 (NEW).] B. The Maine Rules of Evidence apply. [PL 2013, c. 434, §4 (NEW).] C. The Supreme Judicial Court may adopt such rules of court procedure as it determines appropriate. [PL 2013, c. 434, §4 (NEW).] D. If the person is indigent, costs of counsel and all other costs, including all costs on appeal, must be provided by the Maine Commission on Public Defense Services as in other civil cases. [PL 2023, c. 558, §10 (AMD).] E. The Superior Court may, in its discretion, subpoena any witness and, if the person is indigent, the witness fees must be provided by the Department of Health and Human Services. [PL 2013, c. 434, §4 (NEW).] F. The hearing must be electronically recorded and, if an appeal is brought and the person is indigent, the transcript fee must be provided by the Department of Health and Human Services. [PL 2013, c. 434, §4 (NEW).] G. The order and the application for the order, the hearing, the record of the hearing and all notes, exhibits and other evidence are confidential. [PL 2013, c. 434, §4 (NEW).] [PL 2023, c. 558, §10 (AMD).]

4. Ex parte order. When there exists an imminent likelihood of serious harm, the Superior Court may enter an ex parte order permitting involuntary medication. An application for the ex parte order must include all the information otherwise required under this section, as well as the specific factual basis for the belief that the likelihood of serious harm is imminent. The ex parte order and the application for the ex parte order, the proceeding, any record of the proceeding and all notes, exhibits and other evidence are confidential. If the court enters an ex parte order permitting involuntary medication, a hearing conforming with the requirements of subsections 2 and 3 must be held within 10 days. [PL 2013, c. 434, §4 (NEW).]

5. Court order. If the Superior Court finds by clear and convincing evidence that each of the grounds set out in subsection 1 has been met, the court may grant the application for involuntary medication, as requested or as may be modified based upon the evidence, and may authorize the correctional facility's chief administrative officer to permit qualified health care staff to order and administer medication for treatment of the mental illness, as well as laboratory testing and medication for the monitoring and management of side effects. [PL 2013, c. 434, §4 (NEW).]

6. Periodic review. Involuntary medication of a person under this section may continue only with periodic reviews consisting of subsequent hearings conforming with the requirements of subsections 2 and 3 to take place at least once every 120 days. [PL 2013, c. 434, §4 (NEW).]

7. Medication by consent. This section does not preclude giving medication for a mental illness when either the person to receive the medication or the person's legal guardian, if any, consents to the medication. [PL 2013, c. 434, §4 (NEW).]

8. Repeal. [PL 2017, c. 147, §3 (RP).]
34-A M.R.S. § 1207 — ME Code / Title 34-A / Chapter 1 / Section 1207
34-A §1207. Out-of-state prison-made goods
Status: in_force

1. Purpose. The purpose of this section is to prohibit the sale within the State of any goods, wares or merchandise produced in penal institutions outside of the State and transported into the State. [PL 1983, c. 581, §§ 9 and 59 (RPR).]

2. Prohibited acts; fines. Prohibited acts and fines under this section are governed as follows. A. A person is guilty of a civil violation of sale of out-of-state prison-made goods if that person sells within this State any goods, wares or merchandise manufactured, produced or mined, wholly or in part, by nonparoled convicts or prisoners, or in any penal or reformatory institution, in another state and transported into this State. [PL 1983, c. 581, §§ 9 and 59 (RPR).] B. Upon conviction of a civil violation of sale of out-of-state prison-made goods, a person shall pay a fine. The fine may be any amount which does not exceed twice the monetary value of the transaction. [PL 1983, c. 581, §§ 9 and 59 (RPR).] [PL 1983, c. 581, §§ 9 and 59 (RPR).]
34-A M.R.S. § 9408 — ME Code / Title 34-A / Chapter 9 / Section 9408
34-A §9408. Withdrawal and termination--Article VIII
Status: in_force

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 13003 — ME Code / Title 34-B / Chapter 13 / Section 13003
34-B §13003. Appointment of receiver
Status: in_force

1. Grounds for appointment. The following circumstances are grounds for the appointment of a receiver to operate a facility or a provider. A. A facility or provider intends to close but has not arranged at least 30 days prior to closure for the orderly transfer of its residents or clients. [PL 1997, c. 610, §3 (NEW).] B. An emergency exists in a facility or provider that threatens the health, security or welfare of residents or clients. [PL 1997, c. 610, §3 (NEW).] C. A facility or provider is in substantial or habitual violation of the standards of health, safety or resident care established under state rules or federal regulations to the detriment of the welfare of the residents or clients. [PL 1997, c. 610, §3 (NEW).] This remedy is in addition to, and not in lieu of, any power of the department, including, but not limited to, the power to revoke, suspend or refuse to renew any license or the power of the department to bring an action pursuant to Title 22, chapter 1666-A . [PL 1997, c. 610, §3 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

2. Who may bring action. The commissioner or acting commissioner may bring an action in Superior Court requesting the appointment of a receiver. [PL 1997, c. 610, §3 (NEW).]

3. Procedure for hearing. The procedure for a hearing is as follows. A. The court shall hold a hearing not later than 10 days after the action is filed, unless all parties agree to a later date. Notice of the hearing must be served on both the owner and the licensee not less than 5 days before the hearing. If either the owner or the licensee cannot be served, the court shall specify the alternative notice to be provided. The department shall post notice, in a form approved by the court, in a conspicuous place in the facility or provider for not less than 3 days before the hearing. After the hearing, the court may appoint a receiver if it finds that any one of the grounds for appointment set forth is satisfied. [PL 1997, c. 610, §3 (NEW).] B. A temporary receiver may be appointed with or without notice to the owner or licensee if it appears by verified complaint or affidavit that an emergency exists in the facility or provider that must be remedied immediately to ensure the health, safety and welfare of the clients or residents. The appointment of a temporary receiver without notice to the owner or licensee may be made only if the court is satisfied that the petitioner has made a diligent attempt to provide reasonable notice under the circumstances. Upon appointment of a temporary receiver, the department shall proceed to make service as provided in paragraph A , and a hearing must be held within 10 days, unless all parties agree to a later date. If the department does not proceed with the petition, the court shall dissolve the receivership. On 2 days' notice to the temporary receiver, all parties and the department, or on such shorter notice as the court may prescribe, the owner or licensee may appear and move the dissolution or modification of an order appointing a temporary receiver that has been entered without notice, and in that event the motion may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2011, c. 559, Pt. A, §35 (AMD).] [PL 2011, c. 559, Pt. A, §35 (AMD).]

4. Who may be appointed receiver. The court may appoint any person, except a state employee, considered appropriate by the court to act as receiver. [PL 1997, c. 610, §3 (NEW).]

5. Compensation of receiver. The court shall set a reasonable compensation for the receiver and may require the receiver to furnish a bond with any surety the court requires. Any expenditures are paid from the revenues of the facility or provider. [PL 1997, c. 610, §3 (NEW).]
34-A M.R.S. § 11402 — ME Code / Title 34-A / Chapter 19 / Section 11402
34-A §11402. Membership; terms; vacancies
Status: in_force

1. Composition; qualifications. The commission is composed of 7 members, appointed by the Attorney General. The members may be qualified by reason of their expertise in sex offender matters, including but not limited to risk assessment methods, corrections, sex offender law and the prosecution or defense of sex offender crimes. [PL 2015, c. 86, §4 (NEW).]

2. Terms. Members of the commission serve for a term of 2 years and may be reappointed. Members continue to serve until their replacements are designated. [PL 2015, c. 86, §4 (NEW).]

3. Vacancy. In the event of the death or resignation of a member, the Attorney General shall appoint a member to complete the unexpired term. [PL 2015, c. 86, §4 (NEW).]
34-B M.R.S. § 9012 — ME Code / Title 34-B / Chapter 9 / Section 9012
34-B §9012. Effective date of compact--Article XII
Status: in_force

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 11301 — ME Code / Title 34-A / Chapter 17 / Section 11301
34-A §11301. 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 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 9910 — ME Code / Title 34-A / Chapter 9 / Section 9910
34-A §9910. Compacting state; effective date; amendment -- Article 10
Status: in_force

1. Eligibility. Any state, as defined in section 9902 , is eligible to become a compacting state. [PL 2003, c. 500, §1 (NEW).]

2. Effective date. The compact becomes effective and binding upon enactment of the compact into law by no fewer than 35 of the states. The initial effective date is July 1, 2004 or upon enactment into law by the 35th state, whichever is later. After the initial effective date, the compact becomes effective and binding as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. [PL 2003, c. 500, §1 (NEW).]

3. Amendment. The interstate commission may propose amendments to the compact for enactment by the compacting states. An amendment does not become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states. [PL 2003, c. 500, §1 (NEW).]
34-A M.R.S. § 9406 — ME Code / Title 34-A / Chapter 9 / Section 9406
34-A §9406. 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 provisions; 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. § 1434 — ME Code / Title 34-B / Chapter 1 / Section 1434
34-B §1434. Resident's property presumed abandoned
Status: in_force

Any property abandoned or unclaimed by a resident of a state institution must be disposed of according to Title 33, chapter 45 . [PL 2019, c. 498, §24 (AMD).]
34-B M.R.S. § 3868 — ME Code / Title 34-B / Chapter 3 / Section 3868
34-B §3868. Transfer to other institutions
Status: in_force

1. To other hospitals. The commissioner may transfer, or authorize the transfer of, a patient from one hospital to another, either inside or outside the State, if the commissioner determines that it would be consistent with the medical or psychiatric needs of the patient to do so. A. Before a patient is transferred, the commissioner shall give written notice of the transfer to the patient's guardian, the patient's parents or spouse or, if none of these persons exists or can be located, to the patient's next of kin or friend, except that if the chief administrative officer of the hospital to which the patient is currently admitted has reason to believe that notice to any of these individuals would pose risk of harm to the person, then notice may not be given to that individual. [PL 1997, c. 422, §21 (AMD).] B. In making all such transfers, the commissioner shall give due consideration to the relationship of the patient to the patient's family, guardian or friends, in order to maintain relationships and encourage visits beneficial to the patient. [PL 2007, c. 319, §14 (AMD).] C. For a patient transferred under this subsection, the order of involuntary commitment and the order of involuntary treatment, if any, remain in effect and are transferred to the receiving hospital. [PL 2015, c. 309, §9 (NEW).] [PL 2015, c. 309, §9 (AMD).]

2. To federal agency. Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any involuntarily hospitalized person and that the person is eligible for care and treatment in a hospital or institution of the agency, the chief administrative officer of the psychiatric hospital may cause the person's transfer to the agency of the United States for hospitalization. A. Upon making such a transfer, the chief administrative officer shall notify the court that ordered hospitalization and the persons specified in subsection 1, paragraph A . [PL 2007, c. 319, §14 (AMD).] B. A person may not be transferred to an agency of the United States if the person is confined pursuant to conviction of any felony or misdemeanor or if the person has been acquitted of the charge solely on the ground of mental illness, unless before the transfer the court originally ordering confinement of the person enters an order for transfer after appropriate motion and hearing. [PL 2007, c. 319, §14 (AMD).] C. Any person transferred under this section to an agency of the United States is deemed to be hospitalized by the agency pursuant to the original order of hospitalization. [PL 1983, c. 459, §7 (NEW).] [PL 2007, c. 319, §14 (AMD).]
34-A M.R.S. § 5205 — ME Code / Title 34-A / Chapter 5 / Section 5205
34-A §5205. Expenses
Status: in_force

The members of the board shall be compensated according to the provisions of Title 5, chapter 379 . [PL 1983, c. 812, §260 (AMD).]
34-A M.R.S. § 1217 — ME Code / Title 34-A / Chapter 1 / Section 1217
34-A §1217. Prisoner Boarding Fund
Status: in_force

The Prisoner Boarding Fund is established in the department to provide funding for the boarding of prisoners at county jail facilities. [PL 2009, c. 213, Pt. W, §1 (NEW).]

1. Commissioner's powers. The commissioner may receive and use, for the purpose of this section, money appropriated by the State. [PL 2009, c. 213, Pt. W, §1 (NEW).]

2. Prisoner Boarding Fund. All funds appropriated for the purpose of this section must be credited to the Prisoner Boarding Fund. State funds appropriated to the Prisoner Boarding Fund that are unexpended at the end of the fiscal year for which the funds are appropriated do not lapse, but must carry forward into subsequent fiscal years to be expended for the purpose of this section. [PL 2009, c. 213, Pt. W, §1 (NEW).]
34-B M.R.S. § 1404 — ME Code / Title 34-B / Chapter 1 / Section 1404
34-B §1404. Legal actions
Status: in_force

1. Contract actions. Actions founded on any contract made with the Chief Procurement Officer, or with any official of the department under the authority granted by the Chief Procurement Officer, on behalf of any of the state institutions may be brought by the official making the contract or that official's successor in office. [PL 2023, c. 516, Pt. B, §47 (AMD).]

2. Actions for injuries to property. Actions for injuries to the real or personal property of the State, used by any state institution and under the management of the chief administrative officer of the institution, may be prosecuted in the name of the officer or that officer's successor in office. [RR 2019, c. 2, Pt. B, §89 (COR).]
34-B M.R.S. § 7016 — ME Code / Title 34-B / Chapter 7 / Section 7016
34-B §7016. Liability
Status: in_force

1. Participation in sterilization. Nothing in this chapter requires any hospital or any person to participate in performing any sterilization procedure, nor may any hospital or any person be civilly or criminally liable for refusing to participate in performing any sterilization procedure. [PL 1983, c. 459, §7 (NEW).]

2. Immunity. A physician, psychiatrist or psychologist acting nonnegligently and in good faith in that physician's, psychiatrist's or psychologist's professional capacity under this chapter is immune from any civil liability that might otherwise result from that physician's, psychiatrist's or psychologist's actions. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [RR 2019, c. 2, Pt. B, §111 (COR).]
34-A M.R.S. § 3401 — ME Code / Title 34-A / Chapter 3 / Section 3401
34-A §3401. Establishment
Status: in_force

The Maine Correctional Center in South Windham is established for the confinement and rehabilitation of persons, male and female, lawfully in the custody of the department, as provided by law. [PL 1995, c. 502, Pt. F, §24 (RPR).]

1. Men. [PL 1995, c. 502, Pt. F, §24 (RP).]

2. Women. [PL 1995, c. 502, Pt. F, §24 (RP).]

3. Adult pretrial detainees. [PL 1995, c. 502, Pt. F, §24 (RP).]

4. Juvenile pretrial detainees. [PL 1995, c. 502, Pt. F, §24 (RP).]
34-B M.R.S. § 9004 — ME Code / Title 34-B / Chapter 9 / Section 9004
34-B §9004. Aftercare--Article IV
Status: in_force

1. Investigation. Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. [PL 1983, c. 459, §7 (NEW).]

2. Aftercare in receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state. [PL 1983, c. 459, §7 (NEW).]

3. Standards. In supervising, treating or caring for a patient on aftercare pursuant to the terms of this Article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 5207 — ME Code / Title 34-A / Chapter 5 / Section 5207
34-A §5207. Cooperation
Status: in_force

The Department of Health and Human Services, Department of Corrections and officers and staffs of correctional facilities and law enforcement agencies in the State shall cooperate with the board in exercising its powers and duties. [PL 1983, c. 459, §6 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
34-A M.R.S. § 3073 — ME Code / Title 34-A / Chapter 3 / Section 3073
34-A §3073. Transportation to and from courts
Status: in_force

Notwithstanding any other provision of law, transportation of a prisoner between a correctional facility and a court in connection with the prosecution of the prisoner for a crime committed within a correctional facility is the responsibility of the department, unless the department and the sheriff agree that the sheriff will undertake the responsibility of the transportation at an agreed-upon rate of reimbursement to the county by the department. [PL 2001, c. 228, §2 (NEW).]
34-A M.R.S. § 3014 — ME Code / Title 34-A / Chapter 3 / Section 3014
34-A §3014. Input into health care services
Status: in_force

1. Input from clients. The chief administrative officer of each correctional facility housing adult clients shall seek input from the clients of that facility on at least a quarterly basis relating to the adequacy of the medical and mental health services being provided and suggestions for the development, expansion and improvement of those services. [PL 2021, c. 359, §1 (NEW).]

2. Diversity of clients providing input. The chief administrative officer of each correctional facility shall solicit input pursuant to subsection 1 from adult clients who are representative of the diversity of adult clients housed by the facility, including diversity with respect to race, ethnicity, age and gender, as well as security classification level. [PL 2021, c. 359, §1 (NEW).]

3. Documentation of input. The chief administrative officer of each correctional facility shall document input under this section from the facility's clients in the facility's yearly reports. [PL 2021, c. 359, §1 (NEW).]
34-B M.R.S. § 13005 — ME Code / Title 34-B / Chapter 13 / Section 13005
34-B §13005. Termination of receivership
Status: in_force

The receivership terminates when the court certifies that the conditions that prompted the appointment are corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivership at least semiannually. [PL 1997, c. 610, §3 (NEW).]

A receivership may not be terminated in favor of the former or the new licensee, unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court. [PL 1997, c. 610, §3 (NEW).]
34-A M.R.S. § 3802 — ME Code / Title 34-A / Chapter 3 / Section 3802
34-A §3802. Purposes
Status: in_force

1. Statement. The purposes of the Long Creek Youth Development Center are: A. To detain juveniles pending a court proceeding; [PL 2003, c. 410, §13 (AMD).] B. To administer court-ordered diagnostic evaluations pursuant to Title 15, section 3309‑A , and court-ordered examinations pursuant to Title 15, section 3318‑A ; [PL 2011, c. 282, §6 (AMD).] C. To rehabilitate juveniles committed to a juvenile correctional facility pursuant to Title 15, section 3314, subsection 1, paragraph F ; [PL 1999, c. 463, §1 (AMD).] D. To protect the public from dangerous juveniles; [PL 1999, c. 624, Pt. B, §22 (AMD).] E. To confine juveniles ordered confined pursuant to Title 15, section 3314, subsection 1, paragraph H ; [PL 2005, c. 507, §20 (AMD).] F. To confine juveniles ordered detained pursuant to Title 15, section 3312, subsection 3, paragraph D ; [PL 2007, c. 196, §7 (AMD).] G. [PL 2025, c. 431, §29 (RP).] H. To confine juveniles ordered confined pursuant to Title 15, section 3314, subsection 7 ; and [PL 2007, c. 686, §3 (AMD).] I. To confine juveniles committed to a juvenile correctional facility pursuant to Title 17‑A, section 1611 . [PL 2019, c. 113, Pt. C, §101 (AMD).] [PL 2025, c. 431, §29 (AMD).]

2. Accomplishment. To accomplish the purposes set out in subsection 1 , the disciplines of education, casework, group work, psychology, psychiatry, medicine, nursing, vocational training and religion as they are related to human relations and personality development must be employed. Security measures, whether in the form of physically restrictive construction or intensive staff supervision, when appropriate, may be taken to accomplish these purposes. [PL 1991, c. 311, §1 (AMD).]
34-B M.R.S. § 3007 — ME Code / Title 34-B / Chapter 3 / Section 3007
34-B §3007. Teenage Suicide Prevention Program
Status: in_force

The department shall, in cooperation with the Department of Education and the "local action councils" funded in Public Law 1987, chapter 349, Part A under the heading "Human Services, Department of," develop a teenage suicide prevention strategy and a model suicide prevention program to be presented in the secondary schools of the State. Development of such a program must include preparation of relevant educational materials that must be distributed in the schools. [RR 2003, c. 2, §101 (COR).]
34-B M.R.S. § 7012 — ME Code / Title 34-B / Chapter 7 / Section 7012
34-B §7012. Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization
Status: in_force

Upon the receipt of a petition, the court shall assign a time, not later than 30 days thereafter, and a place for a hearing on the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom, if it would facilitate the presence of the person being considered for sterilization. The court shall cause the petition and notice of the hearing to be served on the person being considered for sterilization and the person's guardian or custodian at least 20 days prior to the hearing date. The court shall direct that personal service be made upon the person being considered for sterilization and the person's guardian or custodian. If the guardian or custodian of the person being considered for sterilization is not a resident of this State, notice may be served by registered mail. If the residence of the guardian or custodian of the person being considered for sterilization is unknown, an affidavit so stating must be filed in lieu of service. [RR 2019, c. 2, Pt. B, §108 (COR).]
34-B M.R.S. § 9003 — ME Code / Title 34-B / Chapter 9 / Section 9003
34-B §9003. Care and treatment--Article III
Status: in_force

1. Eligibility. Whenever a person physically present in any party state is in need of institutionalization by reason of mental illness or mental deficiency, that person is eligible for care and treatment in an institution in that state irrespective of that person's residence, settlement or citizenship qualifications. [RR 2019, c. 2, Pt. B, §112 (COR).]

2. Transfer. Subsection 1 to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this subsection shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. [PL 1983, c. 459, §7 (NEW).]

3. Duties of receiving and sending states. No state shall be obliged to receive any patient pursuant to subsection 2 unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient. [PL 1983, c. 459, §7 (NEW).]

4. Priorities. In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact must receive the same priority as a local patient and must be taken in the same order and at the same time that that interstate patient would be taken if that interstate patient were a local patient. [RR 2019, c. 2, Pt. B, §113 (COR).]

5. Review and further transfer. Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 9423 — ME Code / Title 34-A / Chapter 9 / Section 9423
34-A §9423. Powers
Status: in_force

The Commissioner of Corrections, subject to the limitations provided under section 9424 , is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3035 — ME Code / Title 34-A / Chapter 3 / Section 3035
34-A §3035. Rehabilitative programs
Status: in_force

The commissioner may adopt, implement and establish rules for rehabilitative programs, including, but not limited to, work release, education release, remote work, furlough, public service release and programs resulting in the payment of restitution, as described by Title 17‑A, section 2016 , for residents of the facilities under the commissioner's control. [PL 2025, c. 234, §1 (AMD).]

1. Work release, education release, remote work and public service release. The chief administrative officer may permit any resident under sentence to the department and any juvenile client residing at a facility under the commissioner's control considered to be worthy of trust to participate in activities outside the facility, including, but not limited to, work release, education release and public service release, or remote work activities within the facility under the following conditions. A. Activities may include training and employment. [PL 1983, c. 459, §6 (NEW).] B. Activities are subject to rules adopted by the commissioner. [PL 2025, c. 234, §2 (AMD).] C. Activities must, in the judgment of the chief administrative officer, contribute to the reformation of the resident and assist in preparing the resident for eventual release. [PL 2025, c. 234, §2 (AMD).] D. Transportation to sites in the community must be approved by the chief administrative officer. (1) Residents participating in the work release program may be assessed an equitable share of the cost of the transportation, not to exceed 10% of a resident's work release earnings. (2) Funds received from residents for work release transportation must be placed in the General Fund. [PL 2025, c. 234, §2 (AMD).] E. Every resident participating in the work release program or in remote work activities is liable for the cost of room and board in the facility. (1) The reasonable cost of room and board for a resident in a facility is fixed by the commissioner. In fixing the reasonable cost of the room and board to be paid, the commissioner shall take into consideration other state laws or judicial determinations that affect the resident's income. The cost of room and board may not exceed 10% of the resident's work release or remote work earnings. (2) Funds received from residents for the room and board must be placed in the General Fund. [PL 2025, c. 234, §2 (AMD).] [PL 2025, c. 234, §2 (AMD).]

2. Furlough. Subject to subsection 5 , the commissioner may grant to a client under sentence to the department and a juvenile client furlough from the facility in which the client is confined under the following conditions. A. Furlough may only be granted subject to rules adopted by the commissioner. [PL 1983, c. 459, §6 (NEW).] B. Furlough may be granted for not more than 10 days at one time for a visit to a dying relative, for attendance at the funeral of a relative, for the contacting of prospective employers or for any other reason consistent with the rehabilitation of a client. [PL 1991, c. 314, §40 (AMD).] C. Furlough may be granted for the obtaining of medical services for a period longer than 10 days if medically required. [PL 1983, c. 459, §6 (NEW).] [PL 1991, c. 314, §40 (AMD).]

3. Copy of rules. Copies of rules must be provided to clients as follows. A. The chief administrative office of a facility adopting a rehabilitative program under this section shall provide to any client permitted outside a facility under this section a copy of the rules of the commissioner applicable to the program in which the client is permitted to participate or to the client's furlough. [PL 1991, c. 314, §40 (AMD).] B. The client shall attest to the receipt of the copy of the rules. [PL 1991, c. 314, §40 (AMD).] [PL 1991, c. 314, §40 (AMD).]

4. Prohibited acts. Prohibited acts under this section are governed as follows. A. A person who is 17 years of age or older is guilty of interference with a rehabilitative program or furlough if the person willfully obstructs, intimidates or otherwise abets any client participating in a program, or on furlough, under this section, and thereby contributes or causes the client to violate the terms of the client's program participation or furlough, after having been warned by the chief administrative officer of the facility to end the relationship or association with the client. [PL 1991, c. 314, §40 (AMD).] B. Interference with a rehabilitative program or furlough is a Class E crime, except that, notwithstanding Title 17‑A, section 1604, subsection 1, paragraph E , the court may sentence a person to imprisonment for not more than 11 months. [PL 2019, c. 113, Pt. C, §89 (AMD).] [PL 2019, c. 113, Pt. C, §89 (AMD).]

5. Time served before furlough. No furlough may be granted until the client has served 50% of the original sentence imposed, after consideration of any deductions that the client has received and retained under Title 17‑A, section 2302, subsection 1 ; section 2305 ; section 2307 ; section 2308 ; section 2309 ; section 2310 ; or section 2311 . This section does not apply to furloughs granted under subsection 2, paragraph B or C . [PL 2019, c. 113, Pt. C, §90 (AMD).]

6. Notification of law enforcement agencies. A prisoner may not participate in a furlough under subsection 2 unless, in advance of the chief administrative officer's consideration of the request for that furlough, the department notifies: A. The district attorney for the district in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).] B. The sheriff for the county in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).] C. The chief of police of any municipality in which the prisoner will reside; [PL 1997, c. 714, §4 (NEW).] D. The Department of Public Safety; and [PL 1997, c. 714, §4 (NEW).] E. The district attorney for the district where the prisoner's underlying commitment to the department originated. [PL 1997, c. 714, §4 (NEW).] If the department grants a prisoner furlough request, the department shall again notify those listed in paragraphs A to E . A furlough may be granted in an emergency without any prior notification as long as notification is given as soon as practicable. [PL 1997, c. 714, §4 (NEW).]
34-B M.R.S. § 1951 — ME Code / Title 34-B / Chapter 1 / Section 1951
34-B §1951. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 266, §1 (NEW).]

1. Institution. "Institution" means a public or private psychiatric institution licensed under Title 22, chapter 404 or 405 to provide psychiatric services that fall under the jurisdiction of the department. [RR 2015, c. 2, §23 (COR).]

2. Restraint. "Restraint" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13. [PL 2015, c. 266, §1 (NEW).]

3. Seclusion. "Seclusion" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13. [PL 2015, c. 266, §1 (NEW).]

4. Unit. "Unit" means a hospital ward or other area used to provide inpatient care. [PL 2015, c. 266, §1 (NEW).]
34-B M.R.S. § 5462 — ME Code / Title 34-B / Chapter 5 / Section 5462
34-B §5462. Procedure policies
Status: in_force

1. Steps. It is the policy of the State that, in order to ensure that persons with intellectual disabilities or autism receive needed services, to the extent possible, the following steps must be taken for each person found by the department to have an intellectual disability or autism and be in need of services: A. An assessment of the person's needs; [PL 1983, c. 459, §7 (NEW).] B. The development of a personal plan or service plan for the delivery and coordination of services to the person through a personal planning process; and [PL 2013, c. 21, §6 (AMD).] C. [PL 2013, c. 21, §7 (RP).] D. Insofar as possible, obtaining high quality and suitable services for the person. [PL 1983, c. 459, §7 (NEW).] [PL 2013, c. 21, §§6, 7 (AMD).]

2. Persons involved with procedures. It is the policy of the State that: A. To the extent possible, the person with an intellectual disability or autism and the person's guardian or next of kin be involved with the steps specified in subsection 1 ; and [PL 2011, c. 542, Pt. A, §108 (AMD).] B. An advocate be available to the person with an intellectual disability or autism throughout the steps specified in subsection 1 . [PL 2011, c. 542, Pt. A, §108 (AMD).] [PL 2011, c. 542, Pt. A, §108 (AMD).]
34-A M.R.S. § 5810 — ME Code / Title 34-A / Chapter 5 / Section 5810
34-A §5810. Records forwarded to State Police
Status: in_force

When a person who has been convicted under Title 17 , former section 1951, 3151, 3152 or 3153 is paroled, the warden of the institution shall forward to the State Police a copy of the person's record and a statement of facts necessary for full comprehension of the case. Whenever any prisoner who has been convicted of an offense under Title 17 , former section 1951, 3151, 3152 or 3153 is discharged in full execution of the prisoner's sentence, the warden shall make and forward to the State Police a copy of the prison record of that prisoner together with a statement of any fact or facts that the warden may consider necessary for a full comprehension of the case. [PL 2013, c. 508, §14 (AMD).]
34-A M.R.S. § 9887-B — ME Code / Title 34-A / Chapter 9 / Section 9887-B
34-A §9887-B. Biological sample for DNA analysis
Status: in_force

A person accepted for supervision under this compact shall submit to having a DNA sample taken only if that person is convicted of a crime punishable by imprisonment for one year or more. The DNA sample may be taken at any time following commencement of the supervision period as directed by the person's probation officer. All other provisions of Title 25, chapter 194 govern the collection and use of the DNA sample as applicable. [PL 2011, c. 677, §3 (NEW).]
34-A M.R.S. § 11228 — ME Code / Title 34-A / Chapter 15 / Section 11228
34-A §11228. Certification by record custodian
Status: in_force

1. Certificate admissible. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the bureau, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate. [PL 2015, c. 280, §9 (NEW).]

2. Qualified witness. With 10 days' written notice to the prosecution, the defendant may request that a qualified witness testify to the matters of which the certificate under subsection 1 constitutes prima facie evidence. The notice must specify those matters concerning which the defendant requests testimony. The certificate is not prima facie evidence in those matters. [PL 2015, c. 280, §9 (NEW).]
34-A M.R.S. § 3809-A — ME Code / Title 34-A / Chapter 3 / Section 3809-A
34-A §3809-A. Commissioner's guardianship powers
Status: in_force

1. Juvenile client. The commissioner has all the power over a juvenile client that a guardian has over a ward and that a parent has over a child with regard to person, allowable property that the juvenile client has at the Long Creek Youth Development Center, earnings that the juvenile client receives during the juvenile client's stay at the Long Creek Youth Development Center and the rehabilitation of every juvenile client. If a juvenile client is or becomes 18 years of age while still under commitment, the statutory guardianship of the commissioner over the juvenile client terminates, but the juvenile client remains subject to the control of the commissioner, staff and rules of the facility until the expiration of the period of commitment or until discharge from the facility. [PL 1999, c. 583, §32 (AMD); PL 2001, c. 439, Pt. G, §6 (AMD).]

2. Juvenile detainee. The commissioner has all the power over a juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary medical care and necessary mental health care. If a juvenile detainee is or becomes 18 years of age while still detained, the statutory guardianship of the commissioner over the juvenile detainee terminates, but the juvenile remains subject to the control of the commissioner, staff and rules of the facility until release from the facility. [PL 2019, c. 155, §1 (AMD).]

3. Psychiatric hospitalization. The commissioner has all the power over a juvenile client or juvenile detainee that a guardian has over a ward and that a parent has over a child with regard to necessary psychiatric hospitalization, including hospitalization in a nonstate mental health institution or hospital for the mentally ill. If a juvenile client or juvenile detainee is or becomes 18 years of age while still under commitment or while still detained, the statutory guardianship of the commissioner over the juvenile client or juvenile detainee terminates, but the juvenile client or juvenile detainee remains subject to the control of the commissioner and staff and rules of the facility until the expiration of the period of commitment or until release or discharge from the facility. Nothing in this subsection may be construed to override the requirement to make application for psychiatric hospitalization in accordance with Title 34-B, section 3863 , unless hospitalization is made with the juvenile client's or juvenile detainee's consent in accordance with Title 34-B, section 3831 . If placement in a licensed residential care facility providing a mental health treatment program is an appropriate alternative to psychiatric hospitalization, that placement may be made by the commissioner with the juvenile client's or juvenile detainee's consent. [PL 2005, c. 328, §20 (AMD).]
34-A M.R.S. § 3042 — ME Code / Title 34-A / Chapter 3 / Section 3042
34-A §3042. Disposition of detainers
Status: in_force

1. Notice to prisoner. The commissioner, chief administrative officer or other official having custody of a prisoner serving a term of imprisonment in a correctional facility in this State shall promptly inform the prisoner in writing of: A. The source and contents of any untried indictment, information or complaint pending in this State against the prisoner of which the commissioner, warden or other official has knowledge; and [PL 1983, c. 459, §6 (NEW).] B. The prisoner's right to request a final disposition of the untried indictment, information or complaint. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

2. Right to trial. A prisoner serving a term of imprisonment in a correctional facility in this State is entitled to be brought to trial on any untried indictment, information or complaint pending in this State against him within 180 days after giving proper notice in accordance with subsections 3 and 4 . [PL 1983, c. 459, §6 (NEW).]

3. Proper notice. To constitute proper notice under subsection 2 , the prisoner must send to the prosecuting official of the county in which the indictment, information or complaint is pending, and to the appropriate court, the following: A. Written notice of the place of imprisonment; [PL 1983, c. 459, §6 (NEW).] B. Written notice of the request for final disposition to be made of the untried indictment, information or complaint; and [PL 1983, c. 459, §6 (NEW).] C. A certificate of the commissioner, warden or other official having custody of the prisoner stating: (1) The term of commitment under which the prisoner is held; (2) The time already served on the sentence; (3) The time remaining to be served; (4) The total of deductions received and retained; (5) The time of parole eligibility of the prisoner; and (6) Any decisions of the State Parole Board relating to the prisoner. [PL 2019, c. 113, Pt. C, §96 (AMD).] [PL 2019, c. 113, Pt. C, §96 (AMD).]

4. Manner of giving proper notice. The manner of giving proper notice under subsection 2 is as follows. A. The prisoner shall give or send the written notice of place of imprisonment and the written notice of request for final disposition to the commissioner, warden or other official having custody of him. [PL 1983, c. 459, §6 (NEW).] B. The commissioner, warden or other official having custody of the prisoner shall promptly forward the written notices, together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

5. Continuance. For good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. [PL 1987, c. 167, §1 (RPR).]

6. Time limitation. If the prisoner is not brought to trial on the untried indictment, information or complaint within 180 days after the prisoner gave or sent proper notice under subsection 2 : A. The untried indictment, information or complaint is no longer of any force or effect; [PL 1987, c. 167, §2 (AMD).] B. No court has jurisdiction over it; and [PL 1983, c. 459, §6 (NEW).] C. The appropriate court shall enter an order dismissing it with prejudice. [PL 1983, c. 459, §6 (NEW).] [PL 1987, c. 167, §2 (AMD).]

7. Effect of escape. If a prisoner escapes from custody after his execution of the request for final disposition, his request is voided. [PL 1983, c. 459, §6 (NEW).]

8. Exception. This section does not apply to any person adjudged to be mentally ill. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3811 — ME Code / Title 34-A / Chapter 3 / Section 3811
34-A §3811. Return to facility
Status: in_force

When a juvenile client who has been placed on community reintegration status, who has been granted a furlough or work or education release or who has been absent from the facility without leave is taken into custody for the purpose of return to the facility by an officer or employee of the facility, at the direction of the commissioner, or by a law enforcement officer, at the request of the commissioner, and because of the juvenile client's distance from the facility at the time of being taken into custody, it becomes necessary to detain the client overnight: [PL 2003, c. 410, §17 (AMD).]

1. Temporary detention. The juvenile client may be temporarily detained in a county jail; and [PL 1983, c. 459, §6 (NEW).]

2. Return. The juvenile client must be returned to the facility on the day after being taken into custody, except that, if traveling conditions are unsafe, the client must be returned to the facility at the earliest possible time. [PL 1999, c. 583, §35 (AMD).]
34-A M.R.S. § 5209 — ME Code / Title 34-A / Chapter 5 / Section 5209
34-A §5209. Administrative assistant
Status: in_force

1. Appointment. The board shall appoint a full-time administrative assistant to serve at the pleasure of the board. [PL 1983, c. 459, §6 (NEW).]

2. Compensation. The administrative assistant is entitled to compensation in an amount to be determined by the Governor. [PL 1983, c. 459, §6 (NEW).]

3. Duties. The administrative assistant shall perform those duties assigned to him by the board. [PL 1983, c. 459, §6 (NEW).]

4. Powers. The administrative assistant may, subject to the rules of the board, conduct a preliminary hearing with a committed offender at any correctional facility and make written recommendations to the board concerning disposition. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1220 — ME Code / Title 34-A / Chapter 1 / Section 1220
34-A §1220. Resident Technology Fund
Status: in_force

The Resident Technology Fund, referred to in this section as "the fund," is established in the department as a nonlapsing fund for the purpose of offsetting the cost of technology provided to residents of correctional facilities. [PL 2025, c. 352, §1 (NEW).]

1. Funds. All funds collected from any fees established by the commissioner pursuant to section 1403, subsection 14 must be deposited into the fund. The department may accept money for deposit into the fund from other sources. [PL 2025, c. 352, §1 (NEW).]

2. Use. The fund may be used by the department to offset the cost of buying and maintaining technology provided to residents of correctional facilities. [PL 2025, c. 352, §1 (NEW).]
34-B M.R.S. § 5004 — ME Code / Title 34-B / Chapter 5 / Section 5004
34-B §5004. Sexual activity with recipient of services prohibited
Status: in_force

A person who owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services may not engage in a sexual act, as defined in Title 17‑A, section 251, subsection 1, paragraph C , with another person or subject another person to sexual contact, as defined in Title 17‑A, section 251, subsection 1, paragraph D , if the other person, not the actor's spouse, is a person with an intellectual disability or autism who receives therapeutic, residential or habilitative services from the organization, program or residence. [PL 2011, c. 542, Pt. A, §84 (AMD).]
34-A M.R.S. § 1201 — ME Code / Title 34-A / Chapter 1 / Section 1201
34-A §1201. Legislative intent
Status: in_force

Recognizing the need to firmly control all of the State's correctional and detention facilities, provide for the safety of staff and clients, undertake appropriate programming for the classification, education, rehabilitation and maintenance of clients and assure an effective system for the supervision of parolees and probationers, it is the intent of the Legislature to create a Department of Corrections to improve the administration of correctional facilities, programs and services for clients. [PL 1991, c. 314, §9 (AMD).]
34-A M.R.S. § 11201 — ME Code / Title 34-A / Chapter 15 / Section 11201
34-A §11201. Short title
Status: in_force

This chapter may be known and cited as the "Sex Offender Registration and Notification Act of 1999." The purpose of this chapter is to protect the public from potentially dangerous registrants and offenders by enhancing access to information concerning those registrants and offenders. [PL 2009, c. 365, Pt. B, §1 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 1210-F — ME Code / Title 34-A / Chapter 1 / Section 1210-F
34-A §1210-F. County Corrections Professional Standards Council
Status: in_force

The County Corrections Professional Standards Council, established in Title 5, section 12004‑G, subsection 6‑D and referred to in this section as "the council," is established to evaluate and advise the commissioner with regard to the composition of programs and services required pursuant to section 1208‑B, subsection 4 ; to advise the commissioner with regard to adopting rules and standards for the jails; to develop rules for reporting to the department the information required in section 1208‑B, subsection 5 and, beginning July 1, 2023, as required in section 1210‑E, subsection 6 ; to develop budget recommendations for the department related to the County Jail Operations Fund established in section 1210‑E , the recommendations for which must be submitted to the commissioner and the Governor as part of the State’s biennial budget process; to make supplemental county jail funding recommendations to the department related to the fund as may be needed from time to time to address shortfalls, emergencies or other needs; and to consider the need for legislation regarding required programs, services and reporting and to submit such legislation to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters. [PL 2023, c. 135, §4 (AMD).]

1. Membership. The council consists of 7 members appointed by the commissioner as follows: A. Two members selected from a list of nominations submitted by a statewide association of county commissioners; [PL 2021, c. 732, Pt. A, §4 (NEW).] B. Two members selected from a list of nominations submitted by a statewide association of sheriffs; [PL 2021, c. 732, Pt. A, §4 (NEW).] C. One member selected from a list of nominations submitted by a statewide association representing municipalities; and [PL 2021, c. 732, Pt. A, §4 (NEW).] D. Two members appointed at the commissioner's discretion. [PL 2021, c. 732, Pt. A, §4 (NEW).] [PL 2021, c. 732, Pt. A, §4 (NEW).]

2. Terms. Council members serve for 2-year terms and until their successors have been appointed. A vacancy must be filled in the same manner as the original appointment. [PL 2021, c. 732, Pt. A, §4 (NEW).]

3. First meeting; chair. When all appointments have been made pursuant to subsection 1 , the commissioner shall call the first meeting of the council. By a majority vote, the council shall select a chair from the members appointed under subsection 1, paragraphs A and B to serve a 2-year term. [PL 2021, c. 732, Pt. A, §4 (NEW).]

4. Standards regarding failure to report. The council shall adopt rules specifying standards regarding reporting data as required by section 1210‑E, subsection 6 to take effect beginning July 1, 2023 and shall adopt rules specifying standards for delaying payments to jails based on failure to report. [PL 2021, c. 732, Pt. A, §4 (NEW).]

5. Rulemaking. The council shall adopt rules in accordance with this section, section 1210‑E, subsection 7 and section 1208‑B, subsection 5 . Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . Rules adopted pursuant to this subsection may not take effect before July 1, 2023. [PL 2021, c. 732, Pt. A, §4 (NEW).]
34-B M.R.S. § 3832 — ME Code / Title 34-B / Chapter 3 / Section 3832
34-B §3832. Freedom to leave
Status: in_force

1. Patient's right. A patient admitted under section 3831 is free to leave the psychiatric hospital at any time after admission within 16 hours of the patient's request unless application for admission of the person under section 3863 is initiated within that time. [PL 2007, c. 319, §7 (AMD).]

2. Notice. The chief administrative officer of the psychiatric hospital shall cause every patient admitted under section 3831 to be informed, at the time of admission, of: A. The patient's status as an informally admitted patient; and [PL 2007, c. 319, §7 (AMD).] B. The patient's freedom to leave the psychiatric hospital under this section. [PL 2007, c. 319, §7 (AMD).] [PL 2007, c. 319, §7 (AMD).]
34-B M.R.S. § 5436 — ME Code / Title 34-B / Chapter 5 / Section 5436
34-B §5436. Fees
Status: in_force

1. Authority. Fees may be charged for services provided directly to individuals by any program authorized by the department, if the individual is financially able to pay. [PL 1983, c. 459, §7 (NEW).]

2. Use. Fees received by a municipality, governmental unit, unincorporated association or nonstock corporation shall be used by each entity in carrying out its programs approved under this Article. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3009 — ME Code / Title 34-B / Chapter 3 / Section 3009
34-B §3009. 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 - Community Medicaid account may not lapse but must be carried forward to be used for the same purposes. [PL 1995, c. 665, Pt. N, §1 (NEW).] Revisor's Note: §3009. Access to mental health services (As enacted by PL 1995, c. 697, §1 is REALLOCATED TO TITLE 34-B, SECTION 3010)
34-A M.R.S. § 7004 — ME Code / Title 34-A / Chapter 7 / Section 7004
34-A §7004. Agreements and contracts with public and private agencies
Status: in_force

1. Commissioner's power. The commissioner may enter into agreements or contracts with any governmental unit or agency or private facility or program cooperating or willing to cooperate in a program to carry out the purposes of this chapter and Title 15, Par t 6. [PL 1983, c. 459, §6 (NEW).]

2. Nature of agreements or contracts. Agreements or contracts entered into under subsection 1 may provide, among other things, for the type of work to be performed, for the rate of payment for that work and for other matters relating to the care and treatment of juveniles. [PL 1983, c. 459, §6 (NEW).]

3. Custody. Placement of juveniles by the department in any public or private facility or program not under the jurisdiction of the department does not terminate the legal custody of the department. [PL 1983, c. 459, §6 (NEW).]

4. Inspection. The department may inspect all facilities used by it and may examine and consult with persons in its legal custody who have been placed in any such facility. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3810 — ME Code / Title 34-A / Chapter 3 / Section 3810
34-A §3810. Community reintegration status
Status: in_force

1. Commissioner's powers. During a juvenile client's commitment to the facility, the commissioner may, at the commissioner's discretion: A. Keep the juvenile client at the facility; or [PL 1999, c. 583, §33 (AMD).] B. Place the juvenile client on community reintegration status for a period not exceeding the term of the juvenile's commitment. [PL 2003, c. 410, §16 (AMD).] [PL 2003, c. 410, §16 (AMD).]

2. Reports. As often as the commissioner requires, the person or agency caring for the juvenile client while on community reintegration status shall report to the commissioner: A. The progress and behavior of the juvenile client, whether or not the juvenile client remains under the care of the person or agency; and [PL 1983, c. 459, §6 (NEW).] B. If the juvenile client is not under the care of the person or agency, where the client is. [PL 1983, c. 459, §6 (NEW).] [PL 2003, c. 410, §16 (AMD).]

3. Center services. The commissioner shall provide community reintegration services to juvenile clients. [PL 2003, c. 410, §16 (AMD).]

4. Cancellation. If the commissioner is satisfied at any time that the welfare of the juvenile client will be promoted by return to the facility, the commissioner may cancel the community reintegration status and resume charge of the client with the same powers as before the placement on community reintegration status was made. [PL 2003, c. 410, §16 (AMD).]
34-A M.R.S. § 3011 — ME Code / Title 34-A / Chapter 3 / Section 3011
34-A §3011. Investigative officers and other law enforcement officers
Status: in_force

1. Exercise of law enforcement powers. Investigative officers and other employees of the department who are certified by the Board of Trustees of the Maine Criminal Justice Academy as law enforcement officers may exercise the powers of other law enforcement officers with respect to crimes or juvenile crimes relating to the security or orderly management of a facility and engage in any other activity that is related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act or the administration of juvenile justice, if authorized to exercise these powers by the commissioner. These employees may issue administrative subpoenas, if authorized to exercise these powers by the commissioner and by the Attorney General or the Attorney General's designee. These powers are in addition to any powers the employees may otherwise have as employees of the department. Internal investigations of employees of the department must be conducted pursuant to any applicable collective bargaining agreement. [PL 2021, c. 365, §36 (AMD); PL 2021, c. 365, §37 (AFF).]

2. Working agreement. The commissioner shall negotiate a working agreement with the Department of the Attorney General concerning procedures and respective responsibilities for the exercise of law enforcement powers by investigative officers and other employees pursuant to subsection 1 . [PL 2013, c. 80, §6 (AMD).]
34-A M.R.S. § 11227 — ME Code / Title 34-A / Chapter 15 / Section 11227
34-A §11227. Violation
Status: in_force

1. Failure to comply; first offense. A person to whom this chapter applies pursuant to section 11202 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 2005, c. 423, §23 (RPR).]

2. Failure to comply; 2nd offense. A person who has one prior conviction under this section 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 2005, c. 423, §23 (RPR).]

3. Failure to comply; 3rd offense. A person who has 2 or more prior convictions under this section 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 2005, c. 423, §23 (RPR).]

4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4-A . [PL 2005, c. 423, §23 (RPR).]

5. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. [PL 2005, c. 423, §23 (RPR).]

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 2009, c. 365, Pt. B, §19 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

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 convicted of 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 2009, c. 365, Pt. B, §20 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 9606 — ME Code / Title 34-A / Chapter 9 / Section 9606
34-A §9606. Time periods tolled--Article VI
Status: in_force

In determining the duration and expiration dates of the time periods provided in Articles III and IV , the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. [PL 1983, c. 459, §6 (NEW).]

No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3045 — ME Code / Title 34-A / Chapter 3 / Section 3045
34-A §3045. Death of client
Status: in_force

When any client in custody dies, an examination and inquest must be held, and the commissioner or the chief administrative officer of the facility shall cause a medical examiner to be immediately notified for that purpose pursuant to Title 22, section 3025 . For purposes of this section, "custody" means confinement in a state correctional or detention facility or when the client is on the way to or from a state correctional or detention facility while in the custody of a state corrections official. The medical examiner shall also review the case file and relevant medical records and determine whether an autopsy is needed. If the medical examiner determines that an autopsy is needed, an autopsy must be performed. [PL 2011, c. 420, Pt. D, §5 (AMD); PL 2011, c. 420, Pt. D, §6 (AFF).]
34-A M.R.S. § 11224 — ME Code / Title 34-A / Chapter 15 / Section 11224
34-A §11224. Duty of person employed or attending college or school
Status: in_force

The following provisions govern registration duties for a person not domiciled or residing in this State but who is employed or attending college or school in this State. [PL 2005, c. 423, §20 (RPR).]

1. Time. A person who has been sentenced at any time for a military, tribal or federal offense requiring registration pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, as amended; or the Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248; or in a jurisdiction other than this State and who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in that jurisdiction or, if not so required, who has been sentenced on or after January 1, 1982 for an offense that includes the essential elements of a sex offense or a sexually violent offense shall register as a 10-year registrant or lifetime registrant, whichever is applicable, within 5 days and shall notify the law enforcement agency having jurisdiction: A. Within 24 hours of beginning full-time or part-time employment, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year in this State; or [PL 2005, c. 423, §20 (NEW).] B. Within 24 hours of beginning college or school on a full-time or part-time basis in this State. [PL 2005, c. 423, §20 (NEW).] [PL 2009, c. 365, Pt. B, §17 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

2. Process for notifying bureau. The person under subsection 1 shall contact the bureau, which shall provide the person with a registration form and direct the person to take the form and a photograph of the person to the law enforcement agency having jurisdiction. The law enforcement agency shall supervise the completion of the form, take the person's fingerprints and immediately forward the form, photograph and fingerprints to the bureau. [PL 2005, c. 423, §20 (NEW).]
34-A M.R.S. § 9636 — ME Code / Title 34-A / Chapter 9 / Section 9636
34-A §9636. Hearing
Status: in_force

Any prisoner for whom a written request for temporary custody has been received pursuant to Article IV , is entitled to a hearing in the Superior Court prior to his delivery in accordance with Article V . The hearing shall be limited to the issue of whether there are reasonable grounds to believe the prisoner is in fact the person charged in the indictment, information or complaint of the demanding state. [PL 1983, c. 581, §55 (NEW).]
34-A M.R.S. § 3101 — ME Code / Title 34-A / Chapter 3 / Section 3101
34-A §3101. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 315, §4 (NEW).]

1. Corrections officer. "Corrections officer" means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A . [PL 2015, c. 315, §4 (NEW).]

2. Juvenile. "Juvenile" means juvenile client or juvenile detainee. [PL 2015, c. 315, §4 (NEW).]

3. Labor. "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix. [PL 2015, c. 315, §4 (NEW).]

4. Postpartum recovery. "Postpartum recovery" means, as determined by a woman's physician, the period immediately following delivery, including the entire period the woman is in the hospital or infirmary after giving birth. [PL 2015, c. 315, §4 (NEW).]

5. Restraints. "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner's or juvenile's body or limbs, including, but not limited to, disposable or soft restraints, handcuffs, a security restraint system that combines handcuffs with a rigid component, leg irons, belly chains, a security or tether chain and a convex shield. [PL 2015, c. 315, §4 (NEW).]
34-B M.R.S. § 9008 — ME Code / Title 34-B / Chapter 9 / Section 9008
34-B §9008. Guardians--Article VIII
Status: in_force

1. Supplemental or substitute guardian. Nothing in this compact may be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient's guardian on the guardian's own behalf or in respect of any patient for whom the guardian may serve, except that, where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court that appointed the previous guardian shall, upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent is appropriate in the circumstances. In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by it or continue the guardian's power and responsibility, whichever the court considers advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. [PL 2011, c. 420, Pt. A, §29 (AMD).]

2. Guardian defined. The term "guardian" as used in subsection 1 shall include any guardian, trustee, legal committee, conservator or other person or agency however denominated who is charged by law with power to act for or have responsibility for the person or property of a patient. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3873-B — ME Code / Title 34-B / Chapter 3 / Section 3873-B
34-B §3873-B. Progressive Treatment Program Fund
Status: in_force

1. Progressive Treatment Program Fund established. The Progressive Treatment Program Fund, referred to in this section as "the fund," is established as a nonlapsing fund under the administration of the department. [PL 2021, c. 745, §1 (NEW).]

2. Application of fund. The department shall use the money in the fund to reimburse the legal costs incurred by private entities to initiate progressive treatment programs in accordance with section 3873‑A . A private entity seeking reimbursement must submit to the department an itemized bill of legal costs incurred to initiate the progressive treatment program. The maximum amount the department may reimburse a private entity for the legal costs to initiate a progressive treatment program is $800. [PL 2021, c. 745, §1 (NEW).]

3. Sources of fund. The following must be paid into the fund: A. All money appropriated for inclusion in the fund; [PL 2021, c. 745, §1 (NEW).] B. Subject to any pledge, contract or other obligation, any money that the department receives in repayment of loans or advances from the fund; [PL 2021, c. 745, §1 (NEW).] C. Subject to any pledge, contract or other obligation, all interest, dividends or other income from investment of the fund; and [PL 2021, c. 745, §1 (NEW).] D. Any other money, including federal money, deposited in the fund. [PL 2021, c. 745, §1 (NEW).] [PL 2021, c. 745, §1 (NEW).]

4. Rulemaking. The department may adopt rules as necessary 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 2021, c. 745, §1 (NEW).]
34-B M.R.S. § 1806 — ME Code / Title 34-B / Chapter 1 / Section 1806
34-B §1806. Authority to provide family support services
Status: in_force

The commissioner may provide family support services directly from the department or through agreements with community agencies. Agreements with community agencies must be in accordance with section 1208, subsections 2 and 3 . [PL 1991, c. 316, §2 (NEW).]
34-B M.R.S. § 15011 — ME Code / Title 34-B / Chapter 15 / Section 15011
34-B §15011. Statewide voluntary early childhood consultation program
Status: in_force

Beginning January 1, 2023, the commissioner shall implement a statewide voluntary early childhood consultation program to provide support, guidance and training to improve the abilities and skills of early care and education teachers and providers working in public elementary schools, child care facilities as defined in Title 22, section 8301‑A, subsection 1‑A, paragraph B , family child care settings and Head Start programs serving infants and children who are 8 years of age or younger who are experiencing challenging behaviors that put the infants or children at risk of learning difficulties and removal from early learning and education settings, and to improve the abilities and skills of families and foster parents with infants or children who are 8 years of age or younger in the home who are experiencing challenging behaviors that put the infants or children at risk of learning difficulties and removal from early learning and education settings. Any record about a child created as a result of a consultation under this section must be made available to the parents or guardians of that child and may not become part of that child's education record. Fifty percent of the costs related to the program implemented under this section must be paid from funds provided to the department under the federal child and development block grant authorized under the federal Child Care and Development Block Grant Act of 1990. The department shall seek and apply for available federal funds or funds from any other source to fund the program implemented under this section. [PL 2021, c. 679, §1 (AMD).]

No later than January 1, 2023 and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over education matters relating to the status of implementing the program under this section, the ability of the program to provide support and guidance to families, educators and providers working with children and the department's progress in seeking and applying for additional funding to support the program. [PL 2021, c. 679, §1 (NEW).]
34-A M.R.S. § 3403 — ME Code / Title 34-A / Chapter 3 / Section 3403
34-A §3403. Prisoners generally
Status: in_force

1. Conditions of confinement. Conditions of confinement of prisoners are governed as follows. A. The warden shall detain and confine all persons committed to the department in accordance with the sentences of the courts and with the rules of the department. [PL 2013, c. 508, §2 (AMD).] B. The warden shall provide for the safekeeping or employment of persons committed to the department in order to teach them a useful trade or profession and to improve their mental and moral condition, which may include work involving public restitution. [PL 2013, c. 508, §2 (AMD).] [PL 2013, c. 508, §2 (AMD).]

2. Housing. The warden shall maintain separate housing facilities for men and women. [PL 2013, c. 508, §2 (AMD).]

3. Convicted boundover juveniles. [PL 1995, c. 502, Pt. F, §26 (RP).]

4. Industries program. [PL 1985, c. 821, §25 (RP).]
34-A M.R.S. § 9906 — ME Code / Title 34-A / Chapter 9 / Section 9906
34-A §9906. Rule-making functions of interstate commission -- Article 6
Status: in_force

1. Rules. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. Rulemaking must occur pursuant to the criteria set forth in this section and the bylaws and rules adopted 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," or other administrative procedures act that the interstate commission determines appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments are binding as of the date specified in each rule or amendment. [PL 2003, c. 500, §1 (NEW).]

2. Promulgation of rules. When adopting 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. 500, §1 (NEW).] B. Allow persons to submit written data, facts, opinions and arguments, which must be added to the record and made publicly available; [PL 2003, c. 500, §1 (NEW).] C. Provide an opportunity for an informal hearing, if petitioned by 10 or more persons; and [PL 2003, c. 500, §1 (NEW).] D. Promulgate a final rule and its effective date, if appropriate, based on the rule-making record, including input from state or local officials and other interested parties. [PL 2003, c. 500, §1 (NEW).] [PL 2003, c. 500, §1 (NEW).]

3. Rule review. No 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 in the rule-making record as defined in the APA, the court shall hold the rule unlawful and set it aside. [PL 2003, c. 500, §1 (NEW).]

4. 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 force and effect in any compacting state. [PL 2003, c. 500, §1 (NEW).]

5. Existing rules suspended. The existing rules governing the operation of the Interstate Compact for Juveniles superceded by this subchapter are void 12 months after the first meeting of the interstate commission. [PL 2003, c. 500, §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 not later than 90 days after the effective date of the emergency rule. [PL 2003, c. 500, §1 (NEW).]
34-B M.R.S. § 7001 — ME Code / Title 34-B / Chapter 7 / Section 7001
34-B §7001. Short title
Status: in_force

This chapter may be cited as the "Due Process in Sterilization Act of 1982." [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3046-A — ME Code / Title 34-A / Chapter 3 / Section 3046-A
34-A §3046-A. Funeral and deathbed visits
Status: in_force

1. Family member. At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of the client's spouse or domestic partner or the client's parent, child, sibling, grandparent or grandchild, whether the relationship is natural, adoptive, foster or through marriage, and may be permitted deathbed visits to any of those persons if the funeral or visit is held within the State. [PL 2007, c. 536, §6 (NEW).]

2. Another person. At the discretion of and under conditions prescribed by the commissioner, a client confined in a correctional or detention facility may attend the funeral of or be permitted a deathbed visit to another person if the funeral or visit is held within the State. The commissioner may not delegate this authority. [PL 2007, c. 536, §6 (NEW).]

3. Certification of terminal illness. Before a deathbed visit is permitted under this section, terminal illness must be certified to the commissioner by the attending physician. [PL 2007, c. 536, §6 (NEW).]

4. Costs. The client, if able, shall pay the cost of transportation under this section and the per diem compensation of the accompanying officers if the officers are required by the commissioner. [PL 2007, c. 536, §6 (NEW).]