34-A M.R.S. § 5803 — ME Code / Title 34-A / Chapter 5 / Section 5803
34-A §5803. Eligibility for hearing; State Prison
Status: in_force

A prisoner at the Maine State Prison or Maine Correctional Center becomes eligible for a hearing by the board as follows: [PL 1983, c. 459, §6 (NEW).]

1. Expiration of minimum term in minimum-maximum sentence. Prior to the expiration of the prisoner's minimum term of imprisonment, less the deduction for good behavior, when the law provides for a minimum-maximum sentence; [PL 1983, c. 459, §6 (NEW).]

2. Expiration of 1/2 of term in certain cases. Prior to the expiration of 1/2 of the term of imprisonment imposed by the court, less the deduction for good behavior, when the prisoner has been convicted of an offense under Title 17, section 1951 , 3151, 3152 or 3153. This subsection applies to a prisoner who has been convicted previously of an offense under Title 17, section 1951 , 3151, 3152 or 3153; [PL 1983, c. 459, §6 (NEW).]

3. Expiration of 15-year term in life imprisonment cases. Prior to the expiration of a 15-year term of imprisonment, less deduction for good behavior, when the prisoner has been convicted of an offense punishable only by life imprisonment; and [PL 1983, c. 459, §6 (NEW).]

4. Expiration of 15-year term in other cases. Prior to the expiration of a 15-year term of imprisonment, less deduction for good behavior, when, following conviction, the prisoner has been sentenced to a minimum term of 15 years or more. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 3051 — ME Code / Title 34-A / Chapter 3 / Section 3051
34-A §3051. Transportation of female clients to and from medical appointments
Status: in_force

A correctional facility or detention facility housing female clients shall ensure to the greatest extent practicable the presence of a female corrections officer during the transportation of a female client to and from a medical appointment and shall ensure that the client is afforded the greatest amount of privacy practicable during the appointment consistent with safety and security considerations. [PL 2021, c. 620, §9 (NEW).]
34-A M.R.S. § 3005 — ME Code / Title 34-A / Chapter 3 / Section 3005
34-A §3005. Emergencies
Status: in_force

When emergency situations are certified by the chief administrative officer to exist at a correctional or detention facility, the commissioner may, with the approval of the Governor, assign personnel as may be necessary from another facility or division of the department to assist in controlling the emergency situation. [PL 1991, c. 314, §29 (AMD).]

1. Temporary assignment. The assignment of personnel shall be only for the period during which the emergency exists. [PL 1983, c. 459, §6 (NEW).]

2. Compensation. Any personnel transferred are entitled to receive compensation as required by the Civil Service Law, rules and contract terms. [PL 1985, c. 785, Pt. B, §152 (AMD).]
34-A M.R.S. § 11221 — ME Code / Title 34-A / Chapter 15 / Section 11221
34-A §11221. Maintenance of sex offender registry
Status: in_force

1. Maintenance of registry. The bureau shall establish and maintain a registry of persons required to register pursuant to this subchapter. The registry must include the following information on each registrant: A. The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address and physical location of expected domicile and residence; [PL 2005, c. 423, §9 (AMD).] B. Place of employment and college or school being attended, if applicable, and the corresponding address and location; [PL 2003, c. 371, §4 (AMD).] C. Offense history; [PL 1999, c. 437, §2 (NEW).] D. Notation of any treatment received for a mental abnormality or personality disorder; [PL 1999, c. 437, §2 (NEW).] E. A photograph and set of fingerprints; [PL 1999, c. 437, §2 (NEW).] F. A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed; and [PL 2003, c. 711, Pt. C, §17 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] G. Any other information the bureau determines important. [PL 1999, c. 437, §2 (NEW).] [PL 2005, c. 423, §9 (AMD).]

2. National or regional registry. The bureau is authorized to make the registry available to and accept files from a national or regional registry of registrants for the purpose of sharing information. [PL 2003, c. 711, Pt. C, §18 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

3. Registration form. The bureau shall develop a standardized registration form to be made available to the appropriate reporting authorities and persons required to register. [PL 1999, c. 437, §2 (NEW).]

4. Verification form. The bureau shall develop and mail a nonforwardable verification form to the last reported mailing address of each person required to meet the verification requirements of this chapter. [PL 1999, c. 437, §2 (NEW).]

5. Sexually violent predator directory. [PL 2003, c. 371, §5 (RP).]

6. Distribution of information to department and law enforcement agencies. The bureau shall distribute information described in subsection 1 to the department and law enforcement agencies having jurisdiction over the address and location of the registrant's domicile, residence, place of employment and college or school being attended. [PL 2005, c. 423, §10 (AMD).]

7. Rules. [PL 2005, c. 423, §11 (RP).]

8. Criminal justice agency access to information. The bureau shall provide access to the information described in subsection 1 to criminal justice agencies. For purposes of this subsection, "criminal justice agency" has the same meaning as in Title 16, section 703, subsection 4 . [PL 2013, c. 267, Pt. B, §28 (AMD).]

9. Public access to information. The bureau shall provide information to the public as follows. A. The bureau shall post on the Internet for public inspection the following information concerning a registrant: (1) The registrant's name, date of birth and photograph; (2) The registrant's city or town of domicile and residence; (3) The registrant's place of employment and college or school being attended, if applicable, and the corresponding address and location; (4) The statutory citation and name of the offense for which the registrant was convicted; and (5) The registrant's designation as a 10-year registrant or a lifetime registrant. [PL 2011, c. 307, §1 (AMD).] B. Upon receiving a written request that includes the name and date of birth of a registrant, the bureau shall provide the following information concerning a registrant to the requestor: (1) The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address and physical location of domicile and residence; (2) The registrant's place of employment and college or school being attended, if applicable, and the corresponding address and location; (3) A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed; and (4) The registrant's photograph. [PL 2005, c. 423, §12 (AMD).] [PL 2011, c. 307, §1 (AMD).]

9-A. Registry information. Registry information created, collected or maintained by the bureau, including, but not limited to, information relating to the identity of persons accessing the registry, is confidential, except the following are public records: A. Information provided to the public pursuant to subsection 9 ; and [PL 2011, c. 299, §1 (NEW).] B. Applications and bureau decisions, including any documents made part of those decisions, pursuant to section 11202‑A . [PL 2011, c. 299, §1 (NEW).] [PL 2011, c. 299, §1 (NEW).]

10. Registrant access to information. The bureau shall provide all information described in subsection 1, paragraphs A to F to a registrant who requests that person's own information. The process for access and review of that information is governed by Title 16, section 709 . [PL 2013, c. 267, Pt. B, §29 (AMD).]

11. Maintenance by bureau. Only the bureau is authorized to maintain a sex offender registry on the Internet for purposes of public access as described in subsection 9 . [PL 2005, c. 545, §1 (AMD).]

12. Law enforcement agency website. A law enforcement agency may maintain its own sex offender website and may make that information available for use by the public if: A. A notice is prominently posted on the website that expressly states that the website is not the official state sex offender registry under subsection 1 and that the law enforcement agency posting the website is solely responsible for the website's content; [PL 2005, c. 545, §2 (NEW).] B. The website provides a link to the bureau's Internet sex offender registry under subsection 1 ; [PL 2005, c. 545, §2 (NEW).] C. The website contains information regarding only registrants who are domiciled, reside, attend college or school or work within the posting law enforcement agency's jurisdiction; and [PL 2005, c. 545, §2 (NEW).] D. The information on the website is updated by the law enforcement agency as frequently as available resources permit, but no less than every 7 days. The law enforcement agency shall also prominently post on the website the date and time of the most recent update to the website. [PL 2005, c. 545, §2 (NEW).] [PL 2005, c. 545, §2 (NEW).]

13. Access to registrant information existing in electronic form restricted. Notwithstanding Title 1, chapter 13 : A. The bureau may not disseminate in electronic form information about a registrant that is created, collected or maintained in electronic form by or for the bureau, except as made available to the public through the bureau's Internet website pursuant to subsection 9 and made available to the Background Check Center established pursuant to Title 22, chapter 1691 ; and [PL 2015, c. 299, §26 (AMD).] B. Except as made available to the public through an Internet website maintained by a law enforcement agency pursuant to subsection 12 , a law enforcement agency may not disseminate in electronic form information about a registrant that is collected or maintained in electronic form by or for the law enforcement agency. [PL 2011, c. 299, §3 (NEW).] [PL 2015, c. 299, §26 (AMD).]
34-A M.R.S. § 9223 — ME Code / Title 34-A / Chapter 9 / Section 9223
34-A §9223. Powers
Status: in_force

The Commissioner of Corrections is 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. § 9201 — ME Code / Title 34-A / Chapter 9 / Section 9201
34-A §9201. Purpose and policy--Article I
Status: in_force

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 4118 — ME Code / Title 34-A / Chapter 3 / Section 4118
34-A §4118. Prisoners generally
Status: in_force

1. Evaluation. Before assignment to the Mountain View Correctional Facility, prisoners must be evaluated for security status, program needs and emotional stability by the classification process approved by the commissioner. [PL 2017, c. 148, §27 (NEW).]

2. Transferred prisoners. All prisoners transferred to the Mountain View Correctional Facility must be detained and confined in accordance with the sentences of the court and the rules of the department. [PL 2017, c. 148, §27 (NEW).]

3. Education. The warden shall maintain suitable courses for academic and career and technical education of the prisoners. A. The warden shall maintain necessary equipment and employ suitable qualified instructors as necessary to carry out the objectives of the Mountain View Correctional Facility's programs. [PL 2023, c. 135, §22 (AMD).] B. Before employing instructors in career and technical education, the warden shall obtain the approval of the Department of Education. [PL 2023, c. 135, §22 (AMD).] [PL 2023, c. 135, §22 (AMD).]

4. Employment. The commissioner may authorize the employment of prisoners of the Mountain View Correctional Facility on public works with any department, agency or entity of the State or county or local government and may authorize the use of prisoners to provide assistance in the improvement of property owned by nonprofit organizations. A. The commissioner shall adopt rules that the commissioner considers proper to ensure the care and treatment of the prisoners and the safe working conditions of prisoners and department employees. [PL 2017, c. 148, §27 (NEW).] B. The purpose of the employment authorized in this subsection is to provide training to the prisoner and to be a form of public restitution for the crime or crimes committed by the prisoner. [PL 2017, c. 148, §27 (NEW).] C. The prisoners employed under this subsection may not be compensated monetarily for the work performed. [PL 2017, c. 148, §27 (NEW).] D. The commissioner may request that nonprofit organizations pay for the transportation of the prisoners and pay the per diem compensation of correctional officers or instructors who must accompany the prisoners or oversee the work to be performed. [PL 2017, c. 148, §27 (NEW).] [PL 2017, c. 148, §27 (NEW).]

5. Escape. A prisoner who escapes from the Mountain View Correctional Facility, or from any assignment beyond the grounds of the facility, is guilty of escape under Title 17‑A, section 755 . [PL 2017, c. 148, §27 (NEW).]
34-B M.R.S. § 1436 — ME Code / Title 34-B / Chapter 1 / Section 1436
34-B §1436. Rules regarding cardiopulmonary resuscitation
Status: in_force

The department shall promulgate rules regarding the use of cardiopulmonary resuscitation in state institutions, pursuant to the Maine Administrative Procedure Act, Title 5, section 8053 . [PL 1987, c. 305 (NEW).]
34-A M.R.S. § 9405 — ME Code / Title 34-A / Chapter 9 / Section 9405
34-A §9405. Acts not reviewable in receiving state; extradition--Article V
Status: in_force

Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to remove an inmate from an institution in the receiving state, there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. [PL 1983, c. 459, §6 (NEW).]

An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent nor affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9204 — ME Code / Title 34-A / Chapter 9 / Section 9204
34-A §9204. 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, said officials may direct that the confinement be within an institution within the territory of said 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 said 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 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. Said 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 this paragraph, 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-B M.R.S. § 9001 — ME Code / Title 34-B / Chapter 9 / Section 9001
34-B §9001. Purpose--Article I
Status: in_force

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. The party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient, but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in term of such welfare. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 3031-B — ME Code / Title 34-A / Chapter 3 / Section 3031-B
34-A §3031-B. Limitation on reimbursement rate to medical service providers for services outside department facility
Status: in_force

Effective July 1, 2004, the department or its contracted medical provider may pay to a provider of a medical service for a person residing in a correctional or detention facility an amount no greater than the reimbursement rate applicable to that provider and that service as established by rule of the Department of Human Services for the MaineCare program under Title 22 . This limitation applies to all medical care services, goods, prescription drugs and medications provided to a person outside the facility. [PL 2003, c. 513, Pt. E, §1 (NEW).]
34-A M.R.S. § 3062 — ME Code / Title 34-A / Chapter 3 / Section 3062
34-A §3062. Transfer from the prison to a federal correctional institution
Status: in_force

1. Requirements. The commissioner may transfer any prisoner sentenced to the department to a federal penal or correctional institution if the United States Bureau of Prisons accepts the commissioner's application for transfer of the prisoner. [PL 1991, c. 314, §54 (AMD).]

2. Contract. The commissioner may contract with the Attorney General of the United States, or such officer as the Congress may designate under the United States Code, Title 18, Section 5003 and acts supplementing and amending it, in each individual case for the care, custody, subsistence, education, treatment and training of any person transferred under this section. A. The contract must provide for the reimbursement of the United States in full for all costs or other expenses involved, the costs and expenses to be paid from the appropriation for the operation of the correctional facility. [PL 1991, c. 314, §55 (AMD).] B. The chief administrative officer shall affix to the contract a copy of the mittimus or mittimuses under which the prisoner is held. [PL 1991, c. 314, §55 (AMD).] C. The contract and mittimus or mittimuses are sufficient authority for the United States to hold the prisoner on behalf of the State. [PL 1983, c. 459, §6 (NEW).] [PL 1991, c. 314, §55 (AMD).]

3. Effect on prisoner. The rights of transferred prisoners are governed as follows. A. A prisoner transferred under this section is subject to the terms of his original sentence or sentences as if he were serving the sentence or sentences within the confines of the prison. [PL 1983, c. 459, §6 (NEW).] B. Nothing in this section deprives a prisoner transferred under this section of his rights to parole or his rights to legal process in the courts of this State. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1208 — ME Code / Title 34-A / Chapter 1 / Section 1208
34-A §1208. Standards for county and municipal detention facilities
Status: in_force

The commissioner shall establish standards, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375 , for county and municipal jails, holding facilities and short-term detention areas, referred to in this section as county and municipal detention facilities, as follows and shall enforce them. [PL 1983, c. 581, §§10, 59 (NEW).]

1. Establishment. The commissioner shall establish both mandatory and desirable standards for all county and municipal detention facilities, setting forth requirements for maintaining safe, healthful and secure facilities. Standards adopted pursuant to this subsection must be evidence-based, must take into consideration cost impact and must reflect best practices for the operation and administration of jails. [PL 2021, c. 171, §1 (AMD).]

2. Inspections. Inspections of county and municipal detention facilities are governed as follows. A. The commissioner shall conduct a comprehensive inspection of each county and municipal detention facility every 2 years, in order to provide the department with information, verified by on-site inspection, regarding compliance with all department standards. The commissioner may dispense with this inspection if, when it is due, the facility is accredited by a nationally recognized correctional accrediting body. [PL 2013, c. 27, §1 (AMD).] B. The commissioner shall conduct every 2 years no fewer than 3 inspections of each county and municipal detention facility that are in addition to any comprehensive inspections conducted pursuant to paragraph A in order to determine continued compliance with standards. [PL 2013, c. 27, §2 (AMD).] C. The commissioner may inspect a county or municipal detention facility at any time, without prior notice, to determine compliance with standards. [PL 1983, c. 581, §§10, 59 (NEW).] C-1. As part of any inspection, the commissioner may access any records, including, but not limited to, the records of persons detained or committed in the facility, as considered necessary by the commissioner in order to determine compliance with standards. [PL 2007, c. 102, §6 (NEW).] D. The commissioner shall prepare a written report of each inspection and shall send a copy of the report to appropriate county or municipal officials within 15 days after the inspection. (1) The report shall summarize inspection findings. (2) The report shall list the standards with which the facility does not comply and set forth the reasons for noncompliance. [PL 1983, c. 581, §§10, 59 (NEW).] E. The commissioner shall order the noncomplying county or municipality to respond to this report in accordance with subsection 3 . [PL 1983, c. 581, §§10, 59 (NEW).] [PL 2013, c. 27, §§1, 2 (AMD).]

3. Standards compliance. Each county and municipal detention facility shall, unless granted a variance pursuant to subsection 5 , comply with the mandatory standards established by the commissioner. A. Within 60 days from the receipt of an inspection report for each mandatory standard listed in subsection 2, paragraph D , subparagraph (2), the county or municipality shall either: (1) Correct deficiencies listed in the report and submit to the department a written response listing the corrections made; or (2) Offer a plan to correct those deficiencies for consideration by the department. [PL 1983, c. 581, §§10, 59 (NEW).] B. If a county or municipality fails to correct deficiencies and offers no plan of correction, or if the plan of correction offered to the department is determined inadequate by the commissioner, the commissioner shall determine an appropriate action to restrict or modify the operations of the facility, consistent with the nature of the uncorrected deficiencies, which action may include ordering an entire facility closed until the deficiencies have been corrected. (1) Before any such action is taken, the commissioner shall notify the county or municipality in writing of the planned action and shall offer the opportunity to meet and discuss the planned action. (2) If a meeting is not requested by the county or municipality within 15 days after the county or municipality receives notice of the planned action, or if a meeting is held and fails to produce a plan of correction acceptable to the commissioner, the commissioner shall take the planned action. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1983, c. 581, §§10, 59 (NEW).]

4. Emergency powers. The commissioner may take immediate action in response to noncompliance with a mandatory standard, if the noncompliance is determined to endanger the safety of the staff, inmates or visitors of any county or municipal detention facility. A. The commissioner's action under this subsection shall expire within 90 days or upon compliance with the mandatory standard. [PL 1983, c. 581, §§10, 59 (NEW).] B. After having taken action under this section, the commissioner shall send a written inspection report to the affected facility. [PL 1983, c. 581, §§10, 59 (NEW).] C. The commissioner shall decide what long-term action to take with respect to the affected facility on the basis of county or municipality response to the inspection report and subsequent meetings. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1983, c. 581, §§10, 59 (NEW).]

5. Variances. The commissioner shall establish written procedures to govern the submission and consideration of requests for variances from established departmental standards, including provisions for department consideration of appeals of decisions. A. The commissioner may grant a variance only when he determines that the variance will not result in diminishing the safety, health or security of staff, inmates or visitors of a county or municipal detention facility. [PL 1983, c. 581, §§10, 59 (NEW).] B. The commissioner may grant variances to counties and municipalities for periods of up to 2 years. [PL 1983, c. 581, §§10, 59 (NEW).] C. County and municipal officials may request variances from mandatory department standards if: (1) Efforts are underway to achieve compliance and continued failure to comply is only temporary; or (2) The intent and spirit of the standards may be attained through other means. [PL 1983, c. 581, §§10, 59 (NEW).] D. The officials applying for a variance have the burden of showing clear justification for the variance. [PL 1983, c. 581, §§10, 59 (NEW).] [PL 1983, c. 581, §§10, 59 (NEW).]

6. Advisory review. [PL 2023, c. 135, §2 (RP).]

7. Technical assistance. The commissioner may provide technical assistance to county and municipal detention facilities to facilitate compliance with standards. [PL 1983, c. 581, §§10, 59 (NEW).]

8. Standards regarding attorney-client communications. The commissioner shall establish mandatory standards: A. By January 1, 2024, for the protection of confidential attorney-client communications by each county and municipal detention facility. The standards must include, at a minimum: (1) Processes to protect and ensure confidentiality of attorney-client communications, including but not limited to requirements that each facility develop and maintain a registry of the names, telephone numbers and other contact information for attorneys who provide legal services to residents of the facility and that the attorneys' names, telephone numbers and other contact information on the registry are confidential, except that each facility must proactively and by request of the attorney or the attorney's client who is a resident of the facility confirm the registration of an attorney's name, telephone number and other contact information; and (2) Processes to be followed in the event that there is a breach of attorney-client confidentiality; and [PL 2023, c. 394, Pt. A, §13 (NEW).] B. By January 1, 2024, requiring each county and municipal detention facility to designate space within the facility for attorney-client meetings and the exchange of case materials and to make that space available to residents of the facility and their attorneys on a timely basis. [PL 2023, c. 394, Pt. A, §13 (NEW).] [PL 2023, c. 394, Pt. A, §13 (NEW).]
34-B M.R.S. § 1222 — ME Code / Title 34-B / Chapter 1 / Section 1222
34-B §1222. County jail mental illness treatment pilot programs
Status: in_force

The department, together with the Department of Corrections, shall convene a stakeholder group, which must include at a minimum representatives of mental health providers, county jail facilities, advocacy groups, persons with mental illness who are or have been incarcerated in jail and families of persons with mental illness who are or have been incarcerated in jail. The stakeholder group shall design a pilot program to provide increased mental health services to county jail populations. The pilot program must be based on best practices approaches that are supported by research and include collaboration agreements among county jails, community mental health providers, the department and the Department of Corrections. The pilot program must also include mechanisms for evaluating program success. The pilot program must augment and not supplant any existing mental health or county jail efforts to meet the needs of persons with mental illness. [PL 2001, c. 659, Pt. G, §1 (NEW).]

Once agreement on program design is reached by the stakeholder group and an agreement on program content, focus and function is signed by all stakeholders, the department, in cooperation with the Department of Corrections, shall act as the program and fiscal oversight agent and make available through one or more contracts funds for the pilot program. The department shall seek Medicaid or other available funds to support this effort wherever possible. [PL 2001, c. 659, Pt. G, §1 (NEW).]

By January 30, 2003, the department and the Department of Corrections shall provide a report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters on the success of the pilot program. [PL 2001, c. 659, Pt. G, §1 (NEW).]
34-A M.R.S. § 5003 — ME Code / Title 34-A / Chapter 5 / Section 5003
34-A §5003. Prohibited acts
Status: in_force

1. Interference with probation. A person 18 years of age or older is guilty of interference with probation if that person willfully obstructs, intimidates or otherwise abets a probationer under the supervision and control of the department and thereby causes or contributes to causing the probationer to violate the conditions of that person's probation, after having been warned in writing by the commissioner to end that person's relationship or association with the probationer. A. Interference with probation is a Class E crime, except that, notwithstanding Title 17-A , it is punished by a fine of not more than $500 or by imprisonment for not more than 11 months, or by both. [PL 1995, c. 502, Pt. F, §31 (AMD).] B. This subsection applies to interferences with the probation of probationers who are under the supervision and control of the department at the request of other states under terms of the Interstate Compact for Adult Offender Supervision and the Interstate Compact for Juveniles. [PL 2003, c. 706, Pt. B, §3 (AMD).] [PL 2003, c. 706, Pt. B, §3 (AMD).]

2. Interference with parole. A person 18 years of age or older is guilty of interference with parole if that person willfully obstructs, intimidates or otherwise abets a parolee under the supervision and control of the department and thereby causes or contributes to causing the parolee to violate the conditions of parole, after having been warned in writing by the commissioner to end that person's relationship or association with the parolee. A. Notwithstanding Title 17-A, section 4-A , interference with parole is punished by a fine of not more than $500 or by imprisonment for not more than 11 months, or by both. [PL 1995, c. 502, Pt. F, §31 (AMD).] B. This subsection applies to interferences with the parole of parolees who are under the supervision and control of the department at the request of other states under terms of the Interstate Compact for Adult Offender Supervision and the Interstate Compact for Juveniles. [PL 2003, c. 706, Pt. B, §4 (AMD).] [PL 2003, c. 706, Pt. B, §4 (AMD).]
34-B M.R.S. § 1952 — ME Code / Title 34-B / Chapter 1 / Section 1952
34-B §1952. Reporting of an incident of restraint or seclusion
Status: in_force

1. Quarterly reporting by institution. An institution shall submit for each calendar quarter a report to the commissioner that includes for that institution, organized by unit: A. The hours of restraint for each 1,000 patient hours; [PL 2015, c. 266, §1 (NEW).] B. The hours of seclusion for each 1,000 patient hours; [PL 2015, c. 266, §1 (NEW).] C. The aggregate number of incidents of restraint; [PL 2015, c. 266, §1 (NEW).] D. The aggregate number of incidents of seclusion; [PL 2015, c. 266, §1 (NEW).] E. The maximum and mean duration, across all patients, of incidents of restraint; [PL 2015, c. 266, §1 (NEW).] F. The maximum and mean duration, across all patients, of incidents of seclusion; and [PL 2015, c. 266, §1 (NEW).] G. Any other information that may be useful regarding the use of restraint or seclusion. [PL 2015, c. 266, §1 (NEW).] [PL 2015, c. 266, §1 (NEW).]

2. Annual reporting by institution. Annually, as soon as practicable after completing the formal quarterly report for the preceding year, an institution shall submit a report to the commissioner with the data required under subsection 1, paragraphs A to G , organized by unit. [PL 2015, c. 266, §1 (NEW).]

3. Annual report by the commissioner. By January 1st of each year, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters a report that includes the data submitted pursuant to subsection 1 for the previous fiscal year. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out legislation relating to the report to the next regular session of the Legislature. [PL 2015, c. 266, §1 (NEW).]
34-B M.R.S. § 1433 — ME Code / Title 34-B / Chapter 1 / Section 1433
34-B §1433. Aliens
Status: in_force

1. Notification of immigration officer. When a person is admitted or committed to a state, county, city or private institution which is supported wholly or in part by public funds, the chief administrative officer of the institution shall inquire at once into the nationality of the person and, if it appears that the person is an alien, the chief administrative officer shall notify immediately the United States immigration officer in charge of the district in which the institution is located, of: A. The date of and the reason for the alien's admission or commitment; [PL 1983, c. 459, §7 (NEW).] B. The length of time for which the alien is admitted or committed; [PL 1983, c. 459, §7 (NEW).] C. The country of which the alien is a citizen; and [PL 1983, c. 459, §7 (NEW).] D. The date on which and the port at which the alien last entered the United States. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

2. Copy of record to immigration officer. Upon the official request of the United States immigration officer in charge of the territory or district in which is located any court committing an alien to a state, county, city or private institution which is supported wholly or in part by public funds, the clerk of the court shall furnish without charge a certified copy of any record pertaining to the alien's case. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 9634 — ME Code / Title 34-A / Chapter 9 / Section 9634
34-A §9634. Chief administrative officer to give over the person of inmate
Status: in_force

The chief administrative officer of a correctional facility in Maine shall give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 5205 — ME Code / Title 34-B / Chapter 5 / Section 5205
34-B §5205. Payment of burial expenses for state wards
Status: in_force

The department shall pay burial expenses for persons who died while wards of the department as defined in section 5001, subsection 7 , and who have no known survivors. The department may first apply to the cost of burial any funds that are available as part of a mortuary trust or any other funds of the ward remaining at the time of the ward's death that are available for this purpose. [PL 1995, c. 560, Pt. K, §51 (AMD).]
34-B M.R.S. § 5605 — ME Code / Title 34-B / Chapter 5 / Section 5605
34-B §5605. Rights and basic protections of a person with an intellectual disability, autism or an acquired brain injury
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

A person with an intellectual disability or autism is entitled to the following rights and basic protections. A person with an acquired brain injury is entitled to the rights and basic protections outlined in subsections 1 to 11 . [PL 2021, c. 284, Pt. A, §11 (AMD).]

1. Humane treatment. A person with an intellectual disability, autism or an acquired brain injury is entitled to dignity, privacy and humane treatment. [PL 2021, c. 284, Pt. A, §12 (AMD).]

2. Practice of religion. A person with an intellectual disability, autism or an acquired brain injury is entitled to religious freedom and practice without any restriction or forced infringement on that person's right to religious preference and practice. [PL 2021, c. 284, Pt. A, §13 (AMD).]

3. Communications. A person with an intellectual disability, autism or an acquired brain injury is entitled to private communications. A. A person with an intellectual disability, autism or an acquired brain injury is entitled to receive, send and mail sealed, unopened correspondence. A person who is a provider may not delay, hold or censor any incoming or outgoing correspondence of any person with an intellectual disability, autism or an acquired brain injury, nor may any such correspondence be opened without the consent of the person or the person's legal guardian. [PL 2021, c. 284, Pt. A, §14 (AMD).] B. A person with an intellectual disability, autism or an acquired brain injury is entitled to reasonable opportunities for telephone and Internet communication. [PL 2021, c. 284, Pt. A, §14 (AMD).] C. A person with an intellectual disability, autism or an acquired brain injury is entitled to an unrestricted right to visitations during reasonable hours unless this right has been restricted pursuant to rules adopted pursuant to section 5604 . [PL 2021, c. 284, Pt. A, §14 (AMD).] [PL 2021, c. 284, Pt. A, §14 (AMD).]

4. Work. A person with an intellectual disability, autism or an acquired brain injury engaged in work programs that require compliance with state and federal wage and hour laws is entitled to fair compensation for labor in compliance with regulations of the United States Department of Labor. [PL 2021, c. 284, Pt. A, §15 (AMD).]

5. Vote. A person with an intellectual disability, autism or an acquired brain injury may not be denied the right to vote. [PL 2021, c. 284, Pt. A, §16 (AMD).]

6. Personal property. A person with an intellectual disability, autism or an acquired brain injury is entitled to the possession and use of that person's own clothing, personal effects and money, except when temporary custody of clothing or personal effects by a provider is necessary to protect the person or others from imminent injury or unless this right has been restricted pursuant to rules adopted pursuant to section 5604 . [PL 2021, c. 284, Pt. A, §17 (AMD).]

7. Nutrition. A person with an intellectual disability, autism or an acquired brain injury is entitled to nutritious food in adequate quantities and meals may not be withheld for disciplinary reasons. [PL 2021, c. 284, Pt. A, §18 (AMD).]

8. Medical care. A person with an intellectual disability, autism or an acquired brain injury is entitled to receive prompt and appropriate medical and dental treatment and care for physical and mental ailments and for the prevention of any illness or disability, and medical treatment must be consistent with the accepted standards of medical practice in the community, unless the religion of the person with an intellectual disability, autism or an acquired brain injury so prohibits. A. Medication may be administered only at the written order of a physician. [PL 1983, c. 459, §7 (NEW).] B. Medication may not be used as punishment, for the convenience of staff, as a substitute for a habilitation plan or in unnecessary or excessive quantities. [PL 1983, c. 459, §7 (NEW).] C. Daily notation of medication received by each person with an intellectual disability, autism or an acquired brain injury must be kept in the records of the person with an intellectual disability, autism or an acquired brain injury. [PL 2021, c. 284, Pt. A, §19 (AMD).] D. Periodically, but no less frequently than every 6 months, the drug regimen of each person with an intellectual disability, autism or an acquired brain injury must be reviewed by a physician or other appropriate monitoring body, consistent with appropriate standards of medical practice. [PL 2021, c. 284, Pt. A, §19 (AMD).] E. All prescriptions must have a termination date. [PL 1993, c. 326, §9 (AMD).] F. [PL 2011, c. 186, Pt. A, §24 (RP).] G. Prior to instituting a plan of experimental medical treatment or carrying out any surgical procedure, express and informed consent must be obtained from the person with an intellectual disability, autism or an acquired brain injury, unless the person has been found to be legally incompetent, in which case the person's guardian may consent. (1) Before making a treatment or surgical decision, the person must be given information, including, but not limited to, the nature and consequences of the procedures, the risks, benefits and purposes of the procedures and the availability of alternate procedures. (2) The person or, if legally incompetent, that person's guardian may withdraw express and informed consent at any time, with or without cause, before treatment or surgery. [PL 2021, c. 284, Pt. A, §19 (AMD).] H. Notwithstanding the absence of express and informed consent, emergency medical care or treatment may be provided to any person with an intellectual disability, autism or an acquired brain injury who has been injured or who is suffering from an acute illness, disease or condition if delay in initiation of emergency medical care or treatment would endanger the health of the person. [PL 2021, c. 284, Pt. A, §19 (AMD).] I. Notwithstanding the absence of express and informed consent, emergency surgical procedures may be provided to any person with an intellectual disability, autism or an acquired brain injury who has been injured or who is suffering from an acute illness, disease or condition if delay in initiation of emergency surgery would substantially endanger the health of the person. [PL 2021, c. 284, Pt. A, §19 (AMD).] [PL 2021, c. 284, Pt. A, §19 (AMD).]

9. Sterilization. A person with an intellectual disability, autism or an acquired brain injury may not be sterilized, except in accordance with chapter 7 . [PL 2021, c. 284, Pt. A, §20 (AMD).]

10. Social activity. A person with an intellectual disability, autism or an acquired brain injury is entitled to opportunities for behavioral and leisure time activities that include social interaction in the community, as set out in section 5610 . This right may be waived or restricted only under the rules adopted pursuant to section 5604 or pursuant to a treatment plan approved pursuant to section 5603, subsection 1 . [PL 2021, c. 284, Pt. A, §21 (AMD).]

11. Physical exercise. A person with an intellectual disability, autism or an acquired brain injury is entitled to opportunities for appropriate physical exercise, including the use of available indoor and outdoor facilities and equipment. [PL 2021, c. 284, Pt. A, §22 (AMD).]

12. Discipline. Discipline of persons with intellectual disabilities or autism is governed as follows. A. [PL 2011, c. 186, Pt. A, §26 (RP).] B. Corporal punishment or any form of inhumane discipline is not permitted. [PL 1983, c. 459, §7 (NEW).] C. Seclusion as a form of discipline is not permitted. [PL 2011, c. 186, Pt. A, §26 (AMD).] D. [PL 1993, c. 326, §9 (RP).] E. (TEXT EFFECTIVE UNTIL 4/01/26) A provider of residential services may establish house rules in a residential unit owned or operated by the provider. A person receiving services who resides in the unit is entitled to participate, as appropriate, in the formulation of the house rules. A house rule must be uniformly applied to all residents of the residential unit where the rules apply. A copy of the house rules must be posted in a residential unit where the rules apply and a copy of the rules must be given to all residents who receive services and, if any resident is under guardianship, to the guardian of the person receiving services. [PL 2011, c. 186, Pt. A, §26 (NEW).] E. (TEXT REPEALED 4/01/26) [PL 2025, c. 276, §1 (RP); PL 2025, c. 276, §10 (AFF).] [PL 2011, c. 542, Pt. A, §129 (AMD); PL 2025, c. 276, §1 (AMD); PL 2025, c. 276, §10 (AFF).]

13. (TEXT EFFECTIVE UNTIL 4/01/26) Behavioral support, modification and management. Behavior modification and behavior management of and supports for a person with an intellectual disability or autism who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows. A. A person with an intellectual disability or autism may not be subjected to a behavior modification or behavior management program to eliminate dangerous or maladaptive behavior without first being assessed by a physician to determine if the proposed program is medically contraindicated and that the dangerous or maladaptive behavior could not be better treated medically. [PL 2011, c. 542, Pt. A, §129 (AMD).] A-1. Support programs may contain both behavior modification and behavior management components. [PL 2011, c. 186, Pt. A, §27 (AMD).] A-2. The following practices are prohibited as elements of behavior modification or behavior management programs: (1) Seclusion; (2) Corporal punishment; (3) Actions or language intended to humble, dehumanize or degrade the person; (4) Restraints that do not conform to rules adopted pursuant to this section; (5) Totally enclosed cribs or beds; and (6) Painful stimuli. [PL 2011, c. 186, Pt. A, §27 (NEW).] B. Behavior modification and behavior management programs may be used only to correct behavior more harmful to the person than the program and only: (1) On the recommendation of the person's personal planning team; (2) For an adult 18 years of age or older, with the approval, following a case-by-case review, of a review team composed of a representative from the department, a representative from the advocacy agency designated pursuant to Title 5, section 19502 and a representative designated by the Maine Developmental Services Oversight and Advisory Board. The advocacy agency representative serves as a nonvoting member of the review team and shall be present to advocate on behalf of the person. The department shall provide sufficient advance notice of all scheduled review team meetings to the advocacy agency and provide the advocacy agency with any plans for which approval is sought along with any supporting documentation; and (3) For a child under 18 years of age, with the approval, following a case-by-case review, of a review team composed of a representative from the advocacy agency designated pursuant to Title 5, section 19502 , a team leader of the department's children's services division and the children's services medical director or the director's designee. The advocacy agency representative serves as a nonvoting member of the review team and shall be present to advocate on behalf of the person. The department shall provide sufficient advance notice of all scheduled review team meetings to the advocacy agency and provide the advocacy agency with any plans for which approval is sought along with any supporting documentation. Until rules are adopted by the department to govern behavioral treatment reviews for children, the team may not approve techniques any more aversive or intrusive than are permitted in rules adopted by the Secretary of the United States Department of Health and Human Services regarding treatment of children and youth in nonmedical community-based facilities funded under the Medicaid program. [PL 2013, c. 310, §7 (AMD).] C. [PL 2011, c. 186, Pt. A, §27 (RP).] [PL 2013, c. 500, §1 (AMD).]

13. (TEXT EFFECTIVE 4/01/26) Behavioral health support, modification and management for children. Behavior modification and behavior management of and supports for a person who has not attained 18 years of age with an intellectual disability or autism and who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows. A. A person who has not attained 18 years of age with an intellectual disability or autism may not be subjected to a behavior modification or behavior management program to eliminate dangerous or maladaptive behavior without first being assessed by a physician to determine if the proposed program is medically contraindicated and that the dangerous or maladaptive behavior could not be better treated medically. [PL 2025, c. 276, §2 (AMD); PL 2025, c. 276, §10 (AFF).] A-1. Support programs may contain both behavior modification and behavior management components. [PL 2011, c. 186, Pt. A, §27 (AMD).] A-2. The following practices are prohibited as elements of behavior modification or behavior management programs: (1) Seclusion; (2) Corporal punishment; (3) Actions or language intended to humble, dehumanize or degrade the person; (4) Restraints that do not conform to rules adopted pursuant to this section; (5) Totally enclosed cribs or beds; and (6) Painful stimuli. [PL 2011, c. 186, Pt. A, §27 (NEW).] B. Behavior modification and behavior management programs may be used only to correct behavior more harmful to the person than the program and only: (1) On the recommendation of the person's personal planning team; and (3) With the approval, following a case-by-case review, of a review team composed of a representative from the advocacy agency designated pursuant to Title 5, section 19502 , a team leader of the department's children's services division and the children's services medical director or the director's designee. The advocacy agency representative serves as a nonvoting member of the review team and shall be present to advocate on behalf of the person. The department shall provide sufficient advance notice of all scheduled review team meetings to the advocacy agency and provide the advocacy agency with any plans for which approval is sought along with any supporting documentation. Until rules are adopted by the department to govern behavioral treatment reviews for children, the team may not approve techniques any more aversive or intrusive than are permitted in rules adopted by the United States Secretary of Health and Human Services regarding treatment of children and youth in nonmedical community-based facilities funded under the Medicaid program. [PL 2025, c. 276, §2 (AMD); PL 2025, c. 276, §10 (AFF).] C. [PL 2011, c. 186, Pt. A, §27 (RP).] [PL 2025, c. 276, §2 (AMD); PL 2025, c. 276, §10 (AFF).]

13-A. (TEXT EFFECTIVE 4/01/26) Behavioral health support, modification and management for adults. Behavioral supports for an adult with an intellectual disability or autism who is not a patient in a psychiatric unit of an acute hospital or a psychiatric hospital as defined in section 3801, subsection 7‑B are governed as follows. A. An adult with an intellectual disability or autism may have a positive behavioral health support plan if recommended by the individual's person-centered support team or requested by the adult. If the positive support plan is to address dangerous or maladaptive behavior, it must be preceded by an assessment by a medical practitioner, as defined in section 3801, subsection 4‑B , to rule out medical reasons for the behavior. [PL 2025, c. 276, §3 (NEW); PL 2025, c. 276, §10 (AFF).] B. A positive behavioral health support plan designed to support the adult to participate meaningfully in that adult's community life cannot include a waiver of any rights provided in this section and may be implemented upon recommendation of the adult's person-centered planning team. [PL 2025, c. 276, §3 (NEW); PL 2025, c. 276, §10 (AFF).] C. A modifying behavioral health support plan designed to modify or redirect the adult's behavior may include a waiver of rights with informed consent of the adult subject to the plan and must be approved by the department for approval prior to implementation. The plan must be reviewed and approved by a licensed clinical social worker or psychologist who is employed by or under contract with the department. [PL 2025, c. 276, §3 (NEW); PL 2025, c. 276, §10 (AFF).] D. The following practices are prohibited as elements of positive behavioral health support plans and modifying behavioral health support plans for adults: (1) Seclusion; (2) Corporal punishment; (3) Actions or language intended to humble, dehumanize or degrade the person; (4) Planned use of restraints; (5) Totally enclosed cribs or beds; and (6) Painful stimuli. [PL 2025, c. 276, §3 (NEW); PL 2025, c. 276, §10 (AFF).] The department shall convene a support and safety committee, at least quarterly, to review data on the number and types of plans implemented for adults under this subsection. The department shall provide to the committee deidentified copies of positive behavioral health support plans for all individuals transitioning from a modifying behavioral health support plan to a positive behavioral health support plan. The committee must include, at a minimum, a self-advocate, a family member of the individual receiving services, a representative of the advocacy agency designated pursuant to Title 5, section 19502 , a member of the Maine Developmental Services Oversight and Advisory Board established pursuant to Title 5, section 12004‑J, subsection 15 and the licensed clinical social worker or psychologist employed by or under contract with the department under paragraph C . For the purposes of this subsection, "adult" means a person 18 years of age or older; "modifying behavioral health support plan" means a support plan that outlines strategies to encourage positive behavior and address challenges, incorporating both proactive and corrective interventions; and "positive behavioral health support plan" means a behavioral health support plan that emphasizes using positive reinforcement and proactive strategies to address behaviors that negatively impact the health, safety and well-being of the person. For the purposes of this subsection, "restraint" does not include blocking or physical redirection. Blocking is a momentary deflection of a person's movement without holding when that movement would be destructive or harmful. Physical redirection is steering a person without holding or coercion. [PL 2025, c. 276, §3 (NEW); PL 2025, c. 276, §10 (AFF).]

13-B. (TEXT EFFECTIVE 4/01/26) Safety devices for adults. The use of a safety device for an adult with an intellectual disability or autism is governed as follows. A. For the purposes of this subsection, "safety device" means an implement, garment, gate, barrier, lock or locking apparatus, video monitoring or video recording device, helmet, mask, glove, strap, belt or protective glove, the effect of which is to reduce or inhibit the adult's movement with the sole purpose of maintaining the safety of the adult. "Safety device" does not include anything used as a means of behavior modification. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF).] B. The use of a safety device must be pursuant to a written recommendation from a licensed physician, certified nurse practitioner or licensed physician associate. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF); PL 2025, c. 316, §3 (REV).] C. The use of a safety device must be approved by the adult's personal planning team, and that approval must be recorded in a document that is part of the adult's planning record. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF).] D. The adult or the adult's guardian must consent to the use of the safety device. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF).] E. When a safety device is in use and that safety device may affect other adults residing in the home or participating in the program by restricting their rights, accommodations must be identified and implemented to minimize the effect on the other adults. The personal plan of each adult affected by the use of the safety device must indicate how that adult will be supported to minimize the negative effect of the restriction. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF).] F. When a video monitoring device or video recording device is in use and other adults residing in the home or participating in the program may trigger or appear on the video monitoring device or video recording device, the consent of that adult must be obtained. [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF).] [PL 2025, c. 276, §4 (NEW); PL 2025, c. 276, §10 (AFF); PL 2025, c. 316, §3 (REV).]

14. Physical restraints. [PL 2007, c. 573, §1 (RP).]

14-A. (TEXT EFFECTIVE UNTIL 4/01/26) Restraints. A person with an intellectual disability or autism is entitled to be free from restraint unless: A. The restraint is a short-term step to protect the person from imminent injury to that person or others; or [PL 2011, c. 186, Pt. A, §28 (AMD).] B. The restraint has been approved as a behavior management program in accordance with this section. [PL 2011, c. 186, Pt. A, §28 (AMD).] A restraint may not be used as punishment, for the convenience of the staff or as a substitute for habilitative services. A restraint may impose only the least possible restriction consistent with its purpose and must be removed as soon as the threat of imminent injury ends. A restraint may not cause physical injury to the person receiving services and must be designed to allow the greatest possible comfort and safety. Daily records of the use of restraints identified in paragraph A must be kept, which may be accomplished by meeting reportable event requirements. Daily records of the use of restraints identified in paragraph B must be kept, and a summary of the daily records pertaining to the person must be made available for review by the person's planning team, as defined in section 5461, subsection 8‑C , on a schedule determined by the team. The review by the personal planning team may occur no less frequently than quarterly. The summary of the daily records must state the type of restraint used, the duration of the use and the reasons for the use. A monthly summary of all daily records pertaining to all persons must be relayed to the advocacy agency designated pursuant to Title 5, section 19502 . [PL 2011, c. 657, Pt. EE, §10 (AMD).]

14-A. (TEXT EFFECTIVE 4/01/26) Restraints for children. A person who has not attained 18 years of age with an intellectual disability or autism is entitled to be free from restraint unless: A. The restraint is a short-term step to protect the person from imminent injury to that person or others; or [PL 2011, c. 186, Pt. A, §28 (AMD).] B. The restraint has been approved as a behavior management program in accordance with this section. [PL 2011, c. 186, Pt. A, §28 (AMD).] A restraint may not be used as punishment, for the convenience of the staff or as a substitute for habilitative services. A restraint may impose only the least possible restriction consistent with its purpose and must be removed as soon as the threat of imminent injury ends. A restraint may not cause physical injury to the person receiving services and must be designed to allow the greatest possible comfort and safety. Daily records of the use of restraints identified in paragraph A must be kept, which may be accomplished by meeting reportable event requirements. Daily records of the use of restraints identified in paragraph B must be kept, and a summary of the daily records pertaining to the person must be made available for review by the person's planning team, as defined in section 5461, subsection 8‑C , on a schedule determined by the team. The review by the personal planning team may occur no less frequently than quarterly. The summary of the daily records must state the type of restraint used, the duration of the use and the reasons for the use. A monthly summary of all daily records pertaining to all persons must be relayed to the advocacy agency designated pursuant to Title 5, section 19502 . [PL 2025, c. 276, §5 (AMD); PL 2025, c. 276, §10 (AFF).]

14-B. Mechanical supports. [PL 2011, c. 186, Pt. A, §29 (RP).]

14-C. Safety devices. [PL 2011, c. 186, Pt. A, §30 (RP).]

14-D. Reimbursement provided. Notwithstanding any other provision of law, the department shall provide reimbursement within available resources for durable medical equipment that provides a safe sleeping environment for individuals under 16 years of age if: A. The durable medical equipment is necessary to correct or ameliorate a behavioral health condition; [PL 2009, c. 100, §1 (NEW).] B. The durable medical equipment is the least restrictive alternative for the treatment of the behavioral health condition; [PL 2009, c. 100, §1 (NEW).] C. The durable medical equipment is approved on a case-by-case basis by a review team composed of the same representatives as the team conducting children's behavioral treatment reviews under subsection 13, paragraph B , subparagraph (3); and [PL 2009, c. 100, §1 (NEW).] D. The department determines that the durable medical equipment is cost-effective in comparison to the provision of other covered services or equipment that can sufficiently correct or ameliorate the behavioral health condition. [PL 2009, c. 100, §1 (NEW).] The department may adopt rules as necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 100, §1 (NEW).]

14-E. (TEXT EFFECTIVE 4/01/26) Restraints for adults. An adult with an intellectual disability or autism is entitled to be free from restraint unless the restraint is an emergency short-term step to protect the adult from imminent injury to that adult or others. Each use of restraint must be documented in accordance with the department's reportable event requirements. For the purposes of this subsection, "restraint" does not include blocking or physical redirection. Blocking is a momentary deflection of a person's movement without holding when that movement would be destructive or harmful. Physical redirection is steering a person without holding or coercion. [PL 2025, c. 276, §6 (NEW); PL 2025, c. 276, §10 (AFF).]

15. Records. All records of persons receiving services must remain confidential as provided in section 1207 . A. The person with an intellectual disability or autism or, if the person is incompetent, a parent or guardian is entitled to have access to the records upon request. [PL 2011, c. 542, Pt. A, §129 (AMD).] B. The commissioner is entitled to have access to the records of a provider if necessary to carry out the statutory functions of the commissioner's office. [PL 2011, c. 186, Pt. A, §31 (AMD).] [PL 2011, c. 542, Pt. A, §129 (AMD).]

16. Therapeutic devices or interventions. Therapeutic devices or interventions must be prescriptively designed by a qualified professional and applied with concern for principles of good body alignment and circulation and allowance for change of position. The department may adopt rules concerning the use of therapeutic devices or interventions. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 186, Pt. A, §32 (NEW).]

17. Safety devices and practices. A safety device or practice must be prescribed by a physician. A safety device must be designed and applied with concern for principles of good body alignment and circulation and allowance for change of position. The department may adopt rules concerning the use and approval of safety devices or practices. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 186, Pt. A, §33 (NEW).]

The department may adopt rules as necessary to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 186, Pt. A, §34 (NEW).]
34-B M.R.S. § 3874 — ME Code / Title 34-B / Chapter 3 / Section 3874
34-B §3874. Medical examinations conducted via telehealth technologies
Status: in_force

Notwithstanding any other provision in this subchapter, any medical examination or consultation required or permitted to be conducted under this subchapter may be conducted using telehealth or other similar technologies that enable the medical examination or consultation to be conducted in accordance with applicable standards of care. As used in this section, "telehealth" has the same meaning as in Title 24‑A, section 4316, subsection 1 . [PL 2021, c. 293, Pt. B, §9 (AMD).]
34-A M.R.S. § 5210 — ME Code / Title 34-A / Chapter 5 / Section 5210
34-A §5210. Duties
Status: in_force

The board shall: [PL 1983, c. 459, §6 (NEW).]

1. Time of parole. Determine the time of parole for each committed offender; [PL 1983, c. 459, §6 (NEW).]

2. Parole revocation. Revoke parole when warranted due to a parole violation; [PL 1983, c. 459, §6 (NEW).]

3. Discharge from parole. Determine the time of discharge of parolees from parole supervision; and [PL 1983, c. 459, §6 (NEW).]

4. Advice to Governor. When requested by the Governor, advise him concerning applications for pardon, reprieve or commutation. A. The board shall hold hearings, cause an investigation to be made and collect records to determine the facts and circumstances of a committed offender's crime, his past criminal record, his social history and his physical and mental condition as may bear on the application. [PL 1983, c. 459, §6 (NEW).] B. The board shall make recommendations regarding action by the Governor on the application. [PL 1983, c. 459, §6 (NEW).] C. All information obtained under this subsection, and any report furnished to the Governor under this subsection, is confidential. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 11202-A — ME Code / Title 34-A / Chapter 15 / Section 11202-A
34-A §11202-A. Exception
Status: in_force

1. Exception. Notwithstanding section 11202 , a person is not required to register under this chapter if that person submits to the bureau, in a form to be determined by the bureau, documentation to establish the following: A. The person was sentenced in the State on or after January 1, 1982 and prior to June 30, 1992 and was finally discharged from the correctional system at least 10 years prior to submitting documentation to the bureau under this section; the person was sentenced in the State on or after June 30, 1992 and prior to September 18, 1999 and was finally discharged from the correctional system at least 10 years prior to submitting documentation to the bureau under this section; the person was sentenced in another jurisdiction prior to September 18, 1999, was finally discharged from the correctional system at least 10 years prior to submitting documentation to the bureau under this section and has been in compliance with the registration duties as a resident required under subchapter 2 since September 12, 2009; or the person was sentenced in the State on or after September 18, 1999 and prior to July 30, 2004 for a violation of former Title 17-A, section 252 and was finally discharged from the correctional system at least 10 years prior to submitting documentation to the bureau under this section. For purposes of this paragraph, "finally discharged from the correctional system" includes completion of probation; [PL 2015, c. 280, §1 (AMD).] B. The person's convictions do not include more than one Class A sex offense or sexually violent offense or more than one conviction in another jurisdiction for an offense that contains the essential elements of a Class A sex offense or sexually violent offense, whether or not the convictions occurred on the same date; [PL 2009, c. 365, Pt. B, §3 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] C. At the time of the offense, the person had not been previously sentenced in this State as an adult or as a juvenile sentenced as an adult for a sex offense or a sexually violent offense; [PL 2009, c. 365, Pt. B, §3 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] D. At the time of the offense, the person had not been previously sentenced in another jurisdiction as an adult or as a juvenile sentenced as an adult for an offense that contains the essential elements of a sex offense or a sexually violent offense; [PL 2009, c. 365, Pt. B, §3 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] E. Subsequent to the conviction for the sex offense or sexually violent offense, the person has not been convicted of and sentenced for a crime under Title 17 or Title 17 -A in this State that is punishable by imprisonment for a term of one year or more; and [PL 2015, c. 280, §1 (AMD).] F. Subsequent to the conviction for the sex offense or sexually violent offense, the person has not been convicted of and sentenced for a crime under the laws of any other jurisdiction that is punishable by a term of imprisonment exceeding one year. This paragraph does not include a crime under the laws of another jurisdiction that is classified by the laws of that jurisdiction as a misdemeanor and is punishable by a term of imprisonment of 2 years or less. [PL 2015, c. 280, §1 (AMD).] [PL 2015, c. 280, §1 (AMD).]

2. Duty continues. A person's duty to register continues until the bureau determines that the documentation meets the requirements of this section and any rules adopted by the bureau. [PL 2009, c. 365, Pt. B, §3 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).]

3. Costs. A person who submits documentation under this section is responsible for the costs of any criminal history record checks required. [PL 2009, c. 365, Pt. B, §3 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).]

4. Restoration of registration status. The registration obligation of a person that is discharged pursuant to this section is restored by any subsequent conviction for a crime described in subsection 1, paragraph E or F. [PL 2009, c. 570, §1 (AMD).]

5. Appeal. A decision to deny an application for relief under this section is a final agency action, which may be appealed by filing a petition for review pursuant to Title 5, chapter 375, subchapter 7 . [PL 2009, c. 570, §1 (NEW).]

6. Subsequent offenses and consideration of prior offense. If application for relief is approved and a duty to register is extinguished under this section, and the person is subsequently sentenced for a new sex offense or sexually violent offense, the prior offense for which the duty to register was extinguished must be counted as a prior offense for the purposes of classifying the person as a lifetime registrant. [PL 2009, c. 570, §1 (NEW).]
34-A M.R.S. § 11203 — ME Code / Title 34-A / Chapter 15 / Section 11203
34-A §11203. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 437, §2 (NEW).]

1. Bureau. "Bureau" means the State Bureau of Identification. [PL 1999, c. 437, §2 (NEW).]

1-A. Conditional release. "Conditional release" means supervised release of a registrant or an offender from institutional confinement for placement on probation, parole, supervised release for sex offenders, supervised community confinement, home release monitoring or release under Title 15, section 104‑A or Title 17‑A, chapter 54‑G . [PL 2013, c. 133, §32 (AMD).]

1-B. Discharge. "Discharge" means unconditional release and discharge of a registrant from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104‑A . [PL 2003, c. 711, Pt. C, §6 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).]

1-C. Another state. "Another state" means each of the several states except Maine, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. [PL 2003, c. 711, Pt. C, §7 (NEW); PL 2003, c. 711, Pt. D, §2 (AFF).]

2. Domicile. "Domicile" means the place where a person has that person's established, fixed, permanent or ordinary dwelling place or legal residence to which, whenever the person is absent, the person has the intention of returning. A person may have more than one residence but only one domicile. [PL 2003, c. 711, Pt. C, §8 (RPR); PL 2003, c. 711, Pt. D, §2 (AFF).]

3. FBI. "FBI" means the Federal Bureau of Investigation. [PL 1999, c. 437, §2 (NEW).]

3-A. Jurisdiction. "Jurisdiction" means the Federal Government, including the military, this State or another state or tribe. [PL 2003, c. 711, Pt. C, §7 (NEW); PL 2003, c. 711, Pt. D, §2 (AFF).]

4. Law enforcement agency having jurisdiction. "Law enforcement agency having jurisdiction" means the chief of police in the municipality where a registrant or an offender expects to be or is domiciled. If the municipality does not have a chief of police, "law enforcement agency having jurisdiction" means the sheriff of the county where the municipality is located. "Law enforcement agency having jurisdiction" also means the sheriff of the county in an unorganized territory. [PL 2009, c. 365, Pt. B, §5 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

4-A. Risk assessment instrument. "Risk assessment instrument" means an instrument created and modified as necessary by reviewing and analyzing precursors to a sex offense, victim populations of a registrant or an offender, living conditions and environment of a registrant or an offender and other factors predisposing a person to become a registrant or an offender, for the ongoing purpose of identifying risk factors. [PL 2009, c. 365, Pt. B, §6 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

4-B. Sentence. "Sentence," in addition to any punishment alternatives, includes an involuntary commitment under Title 15, section 103 , or similar statute from another jurisdiction, following a verdict of not criminally responsible by reason of mental disease or defect or similar verdict in another jurisdiction. [PL 2001, c. 533, §1 (NEW).]

4-C. Registrant. "Registrant" means a 10-year registrant or a lifetime registrant or, when appropriate, both a 10-year registrant and a lifetime registrant. [PL 2003, c. 711, Pt. C, §11 (NEW); PL 2003, c. 711, Pt. D, §2 (AFF).]

4-D. Residence. "Residence" means that place or those places, other than a domicile, in which a person may spend time living, residing or dwelling. Proof that an offender has lived in the State for 14 days continuously or an aggregate of 30 days within a period of one year gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person has established a residence for the purposes of registration requirements imposed by this chapter. [PL 2009, c. 365, Pt. B, §7 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

4-E. Offender. "Offender" means a person to whom this chapter applies pursuant to section 11202 . [PL 2009, c. 365, Pt. B, §8 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).]

5. Ten-year registrant. "Ten-year registrant" means a person who has complied with the initial duty to register under this chapter as an adult convicted and sentenced or a juvenile convicted and sentenced as an adult of a sex offense. [PL 2009, c. 365, Pt. B, §9 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

6. Sex offense. "Sex offense" means a conviction for one of the following offenses or for an attempt or solicitation of one of the following offenses if the victim was less than 18 years of age at the time of the criminal conduct: A. [PL 2005, c. 423, §4 (RP).] B. A violation under former Title 17, section 2922 ; former Title 17, section 2923 ; former Title 17, section 2924 ; Title 17‑A, section 253, subsection 2, paragraph E , F , G , H , I or J ; Title 17‑A, section 254 ; former Title 17‑A, section 255, subsection 1, paragraph A, E, F, G, I or J; former Title 17‑A, section 255, subsection 1, paragraph B or D if the crime was not elevated a class under former Title 17‑A, section 255, subsection 3; Title 17‑A, section 255‑A, subsection 1, paragraph A , B , C , F‑2 , G , I , J , K , L , M , N , Q , R , S or T ; Title 17‑A, section 256 ; Title 17‑A, section 258 ; former Title 17‑A, section 259; Title 17‑A, section 282 ; Title 17‑A, section 283 ; Title 17‑A, section 284 ; Title 17‑A, section 301, subsection 1, paragraph A, subparagraph (3), unless the actor is a parent of the victim; Title 17‑A, section 511, subsection 1, paragraph D; Title 17‑A, section 556; Title 17‑A, section 852, subsection 1, paragraph B ; or Title 17‑A, section 855 ; [PL 2013, c. 424, Pt. A, §19 (RPR).] C. A violation in another jurisdiction that includes the essential elements of an offense listed in paragraph B ; or [PL 2009, c. 365, Pt. B, §11 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] D. A conviction 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, §12 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2013, c. 424, Pt. A, §19 (AMD).]

6-A. Sex offense; after October 1, 2011. For persons convicted and sentenced on or after October 1, 2011, "sex offense" means, in addition to the offenses listed in subsection 6 , a conviction for one of the following offenses or for an attempt or solicitation of one of the following offenses, without regard to the age of the victim: A. Title 17‑A, section 253, subsection 2, paragraphs J , K and L and Title 17‑A, section 255‑A, subsection 1, paragraphs C , G , Q , R , R‑1 , R‑2 , W and X ; [PL 2011, c. 423, §10 (NEW).] B. A violation in another jurisdiction that includes the essential elements of an offense listed in paragraph A ; or [PL 2011, c. 423, §10 (NEW).] C. A conviction 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 2011, c. 423, §10 (NEW).] [PL 2011, c. 423, §10 (NEW).]

6-B. Sex offense; after October 1, 2012. For persons convicted and sentenced on or after October 1, 2012, "sex offense" means, in addition to the offenses listed in subsections 6 and 6-A: A. A conviction for an offense under Title 17‑A, section 259‑A or for an attempt or conspiracy to commit an offense under Title 17‑A, section 259‑A ; [PL 2011, c. 597, §7 (NEW).] B. A violation in another jurisdiction that includes the essential elements of an offense listed under Title 17‑A, section 259‑A ; or [PL 2011, c. 597, §7 (NEW).] C. A conviction 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 2011, c. 597, §7 (NEW).] [PL 2011, c. 597, §7 (NEW).]

7. Sexually violent offense. "Sexually violent offense" means: A. A conviction for one of the offenses or for an attempt to commit one of the offenses under former Title 17‑A, section 252 ; under Title 17‑A, section 253, subsection 1; Title 17‑A, section 253, subsection 2, paragraph A , B , C or D ; former Title 17‑A, section 255, subsection 1, paragraph C or H; former Title 17‑A, section 255, subsection 1, paragraph B or D, if the crime was elevated a class under former Title 17‑A, section 255, subsection 3; Title 17‑A, section 255‑A, subsection 1, paragraph D, E , E‑1 , F , F‑1 , H , O or P ; [PL 2009, c. 365, Pt. B, §13 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. A conviction for an offense or for an attempt to commit an offense of the law in another jurisdiction that includes the essential elements of an offense listed in paragraph A ; or [PL 2009, c. 365, Pt. B, §13 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] C. A conviction 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, §13 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §13 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

8. Lifetime registrant. "Lifetime registrant" means a person who has complied with the initial duty to register under this chapter as an adult convicted and sentenced or a juvenile convicted and sentenced as an adult of a: A. Sexually violent offense; or [PL 1999, c. 437, §2 (NEW).] B. Sex offense when the person has another conviction for or an attempt to commit an offense that includes the essential elements of a sex offense or sexually violent offense. For purposes of this paragraph, "another conviction" means: (1) For persons convicted and sentenced before September 17, 2005, a conviction for an offense for which sentence was imposed prior to the occurrence of the new offense; and (2) For persons convicted and sentenced on or after September 17, 2005, a conviction that occurred at any time. Convictions that occur on the same day may be counted as other offenses for the purposes of classifying a person as a lifetime registrant if: (a) There is more than one victim; or (b) The convictions are for offenses based on different conduct or arising from different criminal episodes. [PL 2009, c. 365, Pt. B, §14 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §14 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

9. Tribe. "Tribe" means the Passamaquoddy Tribe or the Penobscot Nation. [PL 2003, c. 711, Pt. C, §16 (NEW); PL 2003, c. 711, Pt. D, §2 (AFF).]
34-A M.R.S. § 1215-A — ME Code / Title 34-A / Chapter 1 / Section 1215-A
34-A §1215-A. Operation and review
Status: in_force

The department shall operate its correctional and detention facilities in accordance with best practices applicable to facilities of similar type and size. The department shall have the operations of its facilities reviewed at least once every 3 years by one or more nationally recognized best practices reviewing bodies, including a nationally recognized accrediting body, and shall consider any resulting recommendations made by the reviewing body in determining how to operate the correctional and detention facilities. [PL 2023, c. 135, §7 (NEW).]
34-A M.R.S. § 9205 — ME Code / Title 34-A / Chapter 9 / Section 9205
34-A §9205. Acts not reviewable in receiving state; extradition--Article V
Status: in_force

Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to remove an inmate from an institution in the receiving state, there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. [PL 1983, c. 459, §6 (NEW).]

Any inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. [PL 1983, c. 459, §6 (NEW).]
34-B M.R.S. § 3609 — ME Code / Title 34-B / Chapter 3 / Section 3609
34-B §3609. Statewide quality improvement council
Status: in_force

The commissioner shall designate persons to be members to serve on a statewide quality improvement council to advise the commissioner on issues of system implementation that have statewide impact. The commissioner shall appoint such other members to serve on the council as required by law. [PL 2007, c. 286, §9 (AMD).]
34-B M.R.S. § 9014 — ME Code / Title 34-B / Chapter 9 / Section 9014
34-B §9014. Constitutionality--Article XIV
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 11223 — ME Code / Title 34-A / Chapter 15 / Section 11223
34-A §11223. Duty of person establishing domicile or residence to register
Status: in_force

A person 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 who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in the jurisdiction or, if not so required, who has been sentenced 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 within 24 hours of establishing domicile or residence in this State. The person shall contact the bureau, which shall provide the person with the registration form and direct the person to take the form and a 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 2009, c. 365, Pt. B, §16 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 9422 — ME Code / Title 34-A / Chapter 9 / Section 9422
34-A §9422. Title
Status: in_force

This subchapter may be cited as the "Interstate Corrections Compact." [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1403 — ME Code / Title 34-A / Chapter 1 / Section 1403
34-A §1403. Powers
Status: in_force

In addition to other powers granted in this Title, the commissioner has the following powers. [PL 1983, c. 459, §6 (NEW).]

1. General powers. The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of clients or may purchase residential services when the department's correctional and detention facilities do not provide the appropriate services for the client. [PL 1991, c. 314, §21 (AMD).]

2. Appointments. The commissioner's appointment powers are as follows. A. The commissioner may appoint, subject to the Civil Service Law and except as otherwise provided, any employees who may be necessary, including those intermittent employees as defined in Title 5, section 7053 needed to offset the overtime costs related to unscheduled, unanticipated overtime. These intermittent positions in the institutional services unit may be used only at preidentified posts and work sites. [PL 2013, c. 491, §3 (AMD).] B. The commissioner may appoint and set the salary for one deputy commissioner and 2 associate commissioners to assist in carrying out the responsibilities of the department. (1) An appointment is for an indeterminate term and until a successor is appointed and qualified or during the pleasure of the commissioner. (2) To be eligible for appointment as the deputy commissioner or an associate commissioner, a person must have training and experience in general management. (3) The deputy commissioner has the powers, duties, obligations and liabilities of the commissioner when the commissioner is unable to perform the duties of the office. [PL 2013, c. 491, §3 (AMD).] C. [PL 2013, c. 491, §3 (RP).] D. [PL 2015, c. 494, Pt. A, §37 (RP).] [PL 2015, c. 494, Pt. A, §37 (AMD).]

3. Delegation. The commissioner's delegation powers are as follows. A. Unless a specific statute otherwise directs, the commissioner may delegate powers and duties given under this Title to the deputy commissioner, associate commissioners, chief administrative officers and regional correctional administrators. [PL 2013, c. 491, §4 (AMD).] B. The commissioner may empower the deputy commissioner, associate commissioners, chief administrative officers and regional correctional administrators to further delegate powers and duties delegated to them by the commissioner. [PL 2013, c. 491, §4 (AMD).] B-1. Unless a specific statute otherwise directs, the commissioner may empower chief administrative officers to delegate powers and duties given to them by chapter 3 and may empower regional correctional administrators to delegate powers and duties given to them by chapter 5 . [PL 1995, c. 502, Pt. F, §19 (AMD).] C. The deputy commissioner, an associate commissioner or associate commissioners may be designated to assist in the development of community correctional programs at the county level and to coordinate activities of the department with each county and any county correctional advisory groups. The deputy commissioner, associate commissioner or associate commissioners may appoint staff to assist in carrying out this paragraph. [PL 2013, c. 491, §4 (AMD).] [PL 2013, c. 491, §4 (AMD).]

4. Funding sources. The commissioner may use the following funding sources. A. The commissioner may accept for the State any federal funds appropriated under federal law relating to the juvenile offender and may do whatever is necessary to carry out the federal law. [PL 1983, c. 459, §6 (NEW).] B. The commissioner may accept, from any other agency of government, person, group or corporation, any funds which may be available in carrying out this Title. [PL 1983, c. 459, §6 (NEW).] C. The commissioner may apply for and receive federal funds under the United States Housing Act of 1954, Public Law 560, Title 7 . [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

5. Lease of unused buildings. The commissioner may, with the approval of the Director of the Bureau of General Services, lease unused buildings at the correctional and detention facilities for the purposes of providing services to clients. A. The leases must be for a period not to exceed 2 years and may be extended, with the approval of the Director of the Bureau of General Services, for 3 more 2-year periods. [PL 1995, c. 111, §1 (AMD).] B. The commissioner shall submit a plan of the proposed leases and their impact on the correctional and detention facilities and clients to the joint standing committee of the Legislature having jurisdiction over corrections no later than January 31st of each year. [PL 1991, c. 314, §24 (AMD).] [PL 1995, c. 111, §1 (AMD).]

5-A. Lease of Long Creek Youth Development Center building. Notwithstanding subsection 5 and Title 5, chapter 154 , the commissioner may, with the approval of the Director of the Bureau of General Services, lease any building that the commissioner determines is no longer needed to be a part of the Long Creek Youth Development Center for the purpose of providing services to clients under such terms as the commissioner and director determine appropriate. [PL 1995, c. 502, Pt. F, §20 (NEW); PL 2001, c. 439, Pt. G, §6 (AMD).]

6. Acceptance or conveyance of donated personal property. The commissioner may accept donations of personal property to be used at a correctional or detention facility. If, at a later date, the donated property ceases to be useful to the correctional or detention facility, the commissioner may sell the property and use the proceeds for the benefit of the correctional or detention facility to which the property was originally donated. [PL 1991, c. 314, §25 (AMD).]

7. Establishment of farm programs and gravel mining programs to support farm programs at correctional facilities. The commissioner may establish a farm program at each correctional facility for the purposes of producing agricultural and farm products and teaching prisoners and juvenile clients cultivation and gardening techniques. The commissioner may also establish a gravel mining program at any correctional facility sited on land that contains sufficient gravel for the purpose of supporting the farm programs. A. Products from farm programs under this subsection must be used by correctional facilities. If a surplus exists, it may be: (1) Sold or distributed to other state, county or local governmental entities; (2) Exchanged with other state, county or local governmental entities for services or other goods; (3) Sold to or exchanged with private Maine businesses; or (4) Sold to or exchanged with community agencies as defined in section 1206, subsection 1 . [PL 2011, c. 340, §1 (AMD).] B. The revenue generated by the sale of farm products under this subsection must be deposited in a special account. This account does not lapse at the end of a fiscal year but must be carried forward from year to year. [PL 2011, c. 340, §1 (AMD).] C. The funds in the special account under paragraph B may be expended to implement and maintain farm programs in correctional facilities. These expenditures include, but are not limited to, the purchase of necessary materials and equipment, construction, administrative costs and employee salaries. [PL 2011, c. 340, §1 (AMD).] D. The commissioner may establish, for the purpose of supporting farm programs at correctional facilities by generating additional revenue for the special account under paragraph B , a gravel mining program at any correctional facility sited on land that contains sufficient gravel. The commissioner shall determine the amount of gravel to be mined. Gravel not used by correctional facilities may be sold, distributed or exchanged in the same manner as farm products pursuant to paragraph A . In addition to the expenditures allowed by paragraph C , the revenue generated from a gravel mining program may be expended to implement and maintain gravel mining programs in correctional facilities. [PL 2011, c. 340, §1 (NEW).] [PL 2011, c. 340, §1 (AMD).]

8. Receipt of United States prisoners or adjudicated juveniles. The commissioner's power to accept United States prisoners or adjudicated juveniles is as follows. A. The commissioner may receive in any correctional facility prisoners detained by the United States or convicted of an offense against the United States and committed for a term of imprisonment to the custody of the Attorney General of the United States if: (1) The Attorney General of the United States designates a Maine correctional facility as the place of confinement for the prisoner; and (2) The commissioner approves and agrees to accept and keep the prisoner in a Maine correctional facility. [PL 1989, c. 127, §3 (RPR).] B. The commissioner may receive in any juvenile facility juveniles detained by the United States or adjudicated of an offense against the United States and committed for a term of institutionalization to the custody of the Attorney General of the United States if: (1) The Attorney General of the United States designates a Maine juvenile facility as the place of confinement for the juvenile; and (2) The commissioner approves and agrees to accept and keep the juvenile in a Maine juvenile facility. [PL 1989, c. 127, §3 (RPR).] C. The commissioner may contract with the Attorney General of the United States or officer designated by the Congress for the care, custody, subsistence, education, treatment and training of any prisoner or juvenile accepted under this subsection. (1) Except as provided in subparagraph (2), all sums paid pursuant to contracts authorized by this paragraph must accrue to the General Fund. (2) Sums paid by the United States Department of Justice, United States Marshals Service pursuant to a contract authorized by this paragraph must accrue to the department for deposit into the client benefit welfare accounts at the department's correctional facilities. Sums accrued to the department under this paragraph may not exceed $250,000 each fiscal year. Any sums paid pursuant to contracts under this subparagraph in excess of $250,000 each fiscal year must accrue to the General Fund. [PL 2025, c. 388, Pt. Z, §1 (AMD).] [PL 2025, c. 388, Pt. Z, §1 (AMD).]

9. Industries programs. The commissioner may establish career and technical training, work and industries programs, including those permitted under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761. A. The program may make services and goods available for use by correctional facilities or for purchase by other state, county or local governmental entities, private businesses in the State, community agencies, as defined in section 1206, subsection 1 , or the public. The program may also donate services or goods to other state, county or local governmental entities for the purpose of promoting prison industries or to public or private nonprofit organizations. [PL 2011, c. 515, §3 (AMD).] B. The commissioner may authorize any person or business entity purchasing goods manufactured at a correctional facility to resell those articles if that person or entity requests, in writing, authority from the commissioner at the time the initial purchase is made. [PL 1985, c. 821, §21 (NEW).] C. All goods manufactured at a correctional facility for sale shall be distinctly labeled or branded with the words "Manufactured at a Maine State Correctional Facility", except those goods produced under a program certified by the United States Department of Justice under the United States Code, Title 18, Section 1761. [PL 1989, c. 127, §4 (AMD).] D. All revenues from direct sales of goods and services produced by prisoners at correctional facilities and all amounts received from a private sector industry participating with the Department of Corrections in an industries program certified by the United States Department of Justice under the United States Code, Title 18, Section 1761, in consideration of lease of industry space, provision of utilities, trash removal and other services provided to the private industry that are related to the use of industry space at correctional facilities must be deposited into the department's industries enterprise account, which does not lapse. All revenues generated from career and technical training programs must be deposited into Other Special Revenue Funds accounts, which do not lapse and must be used to support the costs of vocational training programs. [PL 2013, c. 368, Pt. ZZZ, §1 (AMD).] E. Funds from these industries accounts may be used to pay for materials, supplies, equipment, salaries and other costs of establishing and operating career and technical training, work and industrial programs. For industries programs certified by the United States Department of Justice under the United States Code, Title 18, Section 1761, mandatory contributions for crime victim services must be made from these industries accounts and transferred to the control of the Office of Victim Services, as established in section 1214 . [PL 2001, c. 439, Pt. G, §2 (AMD); PL 2003, c. 545, §6 (REV).] F. The commissioner shall, in consultation with the Maine Apprenticeship Program established in Title 26, section 3202 , develop policies concerning job displacement and safety and policies to develop opportunities in the prison industries programs. [PL 2011, c. 491, §16 (AMD).] [PL 2013, c. 368, Pt. ZZZ, §1 (AMD).]

10. Client benefit welfare account. The commissioner shall provide an accounting of all client benefit welfare accounts each fiscal year to the joint select committee of the Legislature having jurisdiction over corrections matters. The annual accounting must include total income for the year, total expenditures for the year, anticipated capital and operating expenditures from these accounts in the next fiscal year and balances in the accounts. Nothing in this subsection may change the nature of these accounts as internal management tools. [PL 1999, c. 583, §3 (AMD).]

11. Contracting agent. The chief administrative officer is the contracting agent for all sales of articles from a correctional facility and for all other contracts made on behalf of the correctional facility except those made by the Chief Procurement Officer. A. All contracts must be made in the manner prescribed by the commissioner. [PL 1999, c. 583, §4 (NEW).] B. A contract may not be accepted by the chief administrative officer unless the contractor gives satisfactory security for its performance. [PL 2023, c. 516, Pt. B, §45 (AMD).] C. An employee of the correctional facility may not be directly or indirectly interested in any contract. [PL 1999, c. 583, §4 (NEW).] [PL 2023, c. 516, Pt. B, §45 (AMD).]

12. Transfer of funds. Notwithstanding Title 5, section 1585 or any other provision of law, the commissioner, upon recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer by financial order All Other funding between accounts within the same fund for the purposes of paying food, heating and utility expenses. [PL 2011, c. 380, Pt. AA, §1 (NEW).]

13. Personal Services balances authorized to carry to Capital Expenditures. Notwithstanding any other provision of law, beginning at the close of fiscal year 2017-18, the department is authorized to carry all fiscal-year-end balances in the Personal Services line category of General Fund accounts, after the deduction of all allocations, financial commitments, other designated funds or any other transfers authorized by statute, to the Capital Expenditures line category in the Capital Construction/Repairs/Improvements - Corrections program, General Fund account in the department to be used for the purpose of making capital improvements to correctional facilities. [PL 2017, c. 284, Pt. JJJ, §1 (NEW).]

14. Technology fee. The commissioner may establish a reasonable fee, as provided in this subsection, for the use of technology, including, but not limited to, computers, laptop computers and external storage devices, that is provided to residents of correctional facilities in connection with educational or vocational programs, remote work or other purposes. For each calendar month in which the technology is used by a resident, as defined in section 3015, subsection 1, paragraph B , the fee charged may not exceed 7% of the resident's earnings during the month after any deductions for court-ordered or statutory obligations, including, but not limited to, child support, court filing fees, victim restitution, fines, facility restitution, facility monetary sanctions, medical and dental services fees and room and board, or $35, whichever is less. The commissioner may not charge a fee under this subsection for: A. Technology that is provided to a resident for the purpose of research related to a criminal case or civil lawsuit in which the resident is involved; or [PL 2025, c. 352, §2 (NEW).] B. Technology that is provided to a resident who has earnings of less than $100 during the calendar month after any deductions that are provided for in this subsection. [PL 2025, c. 352, §2 (NEW).] Money received by the resident and directly deposited into a telephone call account established by the department under section 3039, subsection 4 for the sole purpose of paying for use of the department's client telephone system is not subject to this subsection. Money received by the resident as a credit improvement loan in accordance with section 3039, subsection 6 is not subject to this subsection. A correctional facility shall collect any fees received under this subsection and deposit them into the Resident Technology Fund established in section 1220 . [PL 2025, c. 352, §2 (NEW).]
34-B M.R.S. § 9011 — ME Code / Title 34-B / Chapter 9 / Section 9011
34-B §9011. Supplementary agreements--Article XI
Status: in_force

The duly constituted administrative authorities of any 2 or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. [PL 1983, c. 459, §7 (NEW).]
34-A M.R.S. § 11302 — ME Code / Title 34-A / Chapter 17 / Section 11302
34-A §11302. Community education
Status: in_force

The department shall provide law enforcement agencies technical assistance concerning community education curricula for purposes of notification to the public of a registrant's conditional release or discharge. [PL 2011, c. 663, §3 (NEW).]
34-A M.R.S. § 9421 — ME Code / Title 34-A / Chapter 9 / Section 9421
34-A §9421. Ratification
Status: in_force

The Interstate Corrections Compact is hereby enacted into law and entered into by this State with any other states legally joining therein. [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 1210-E — ME Code / Title 34-A / Chapter 1 / Section 1210-E
34-A §1210-E. County Jail Operations Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Community corrections" means the delivery of correctional services for adults in the least restrictive manner that ensures the public safety by the county or for the county under contract with a public or private entity. "Community corrections" includes, but is not limited to, preventive or diversionary correctional programs, pretrial release or conditional release programs, alternative sentencing or housing programs, electronic monitoring, residential treatment and halfway house programs, community correctional centers, temporary release programs from a facility for the detention or confinement of persons convicted of crimes and programs and services as required by section 1208‑B, subsection 4, paragraph D . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] B. "County Corrections Professional Standards Council" or "council" means the council established pursuant to Title 5, section 12004‑G, subsection 6‑D . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] C. "Fund" means the County Jail Operations Fund established pursuant to subsection 2 . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] D. "Jail" means a county or regional jail for which the department is required to establish standards pursuant to section 1208 , 1208‑A or 1208‑B . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

2. County Jail Operations Fund. The County Jail Operations Fund is established to provide funding for county jails and the regional jail. State funding must be appropriated annually for the fund in the amount of $20,342,104 plus any additional amount the Legislature may appropriate. The department shall administer the fund and shall distribute funds to the jails in accordance with this section for the purposes set forth in subsections 3 and 4 and in accordance with the distribution formula set forth in subsection 9 . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

3. Community corrections; pretrial release program. At least 25% of all funding provided under this section must be used by the county jails and regional jail for establishing, providing and maintaining community corrections and programs and services required by section 1208‑B, subsection 4, paragraph D . Jail programs and services must include a program, directly or through a contract with an organization, to supervise defendants subject to pretrial release conditions imposed pursuant to Title 15, section 1026, subsection 3, paragraph A , subparagraph (1) and such requirements as may be established by rule or order of the Supreme Judicial Court. [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

4. Prisoner support. The fund must be used to provide a portion of the counties' costs of the support of prisoners detained or sentenced to jail. [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

5. Quarterly payments to counties. The department shall distribute funding payable to the counties for operation of the jails quarterly if the jails have reported on a timely basis as required by subsection 6 and rules adopted pursuant to subsection 7 . Failure to report as required may result in delayed payment of funds required to be paid by this section. [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

6. Required reporting. The county jails and the regional jail shall report to the department any data required by the council pursuant to section 1208‑B, subsection 5 , on the schedule and in the format required by the council. Failure of a jail to report as required may result in delayed quarterly payments to the counties as provided in subsection 5 and as set forth by rule. [PL 2023, c. 646, Pt. A, §41 (AMD).]

7. Rulemaking. The council shall adopt rules to implement the financial accounting, reporting and data collection systems and requirements necessary for implementing this section, including any data required to be collected pursuant to section 1208‑B, subsection 5 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

8. Surcharge. In addition to the 14% and 5% surcharges collected pursuant to Title 4, section 1057 , an additional 1% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this subsection are nonlapsing and must be deposited monthly in the fund. [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

9. Formula; distribution. The council shall establish a formula for the quarterly distribution described in subsection 5 . The department shall distribute quarterly to each county from the fund the amount due to that county as determined according to the formula. The formula must be based on the most recent fiscal year for which data is available for the county and must: A. Take into consideration total statewide county jail prisoner days for all jails; [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] B. Take into consideration and assign to a jail the number of county jail prisoner days attributable to each prisoner who was charged with committing a crime in that county or who was committed to the custody of or detained by the sheriff of that county; and [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] C. Determine the proportion of statewide county jail prisoner days attributable to each county. [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).] [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]

10. Annual reporting to legislative committee. By October 1st annually, the department in collaboration with a statewide association of county commissioners and a statewide association of sheriffs shall report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters regarding the following issues: county jail and regional jail funding through the General Fund, pursuant to Title 30‑A, section 701 and from any other revenue sources; funding and operation of community corrections and programs and services required by section 1208‑B, subsection 4, paragraph D and this section; distribution of funding to the county jails and regional jail; jail reporting of revenues, expenses and populations as required by this section; the experiences of the counties in setting their tax assessments for correctional services under Title 30‑A, section 701 ; and the adoption and implementation of rules specifying best practices, including mandatory standards, policies and procedures, under section 1208‑B . [PL 2021, c. 732, Pt. A, §3 (NEW); PL 2021, c. 732, Pt. A, §5 (AFF).]
34-A M.R.S. § 9881 — ME Code / Title 34-A / Chapter 9 / Section 9881
34-A §9881. Compacting state; effective date; amendment--Article 11
Status: in_force

1. Eligibility. Any state, as defined in section 9872 , is eligible to become a compacting state. [PL 2003, c. 495, §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, 2001, 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 interstate commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. [PL 2003, c. 495, §1 (NEW).]

3. Notification. The executive director of the interstate commission shall notify the Secretary of State of the State of Maine upon enactment of the compact into law by no fewer than 35 states. [PL 2003, c. 495, §1 (NEW).]

4. Nonapplicability. [PL 2005, c. 397, Pt. A, §41 (RP).]

5. Amendment. Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. An amendment does not become effective and binding upon the interstate commission and the compacting states unless it is enacted into law by unanimous consent of the compacting states. [PL 2003, c. 495, §1 (NEW).]
34-B M.R.S. § 13007 — ME Code / Title 34-B / Chapter 13 / Section 13007
34-B §13007. Court order to have effect of license
Status: in_force

An order appointing a receiver under section 13003 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the facility or provider during the receivership, and a violation of regulations governing the conduct of the facility or provider, if not promptly corrected, must be reported by the department to the court. [PL 1997, c. 610, §3 (NEW).]
34-B M.R.S. § 5607 — ME Code / Title 34-B / Chapter 5 / Section 5607
34-B §5607. Notice of rights
Status: in_force

The commissioner shall provide a written copy of this subchapter and of section 1207 to each person receiving services and, if the person receiving services has been adjudged incompetent, to the parent or guardian of the person receiving services. [PL 1993, c. 326, §11 (AMD).]

1. Prompt notification. Each person receiving services must be promptly informed in clear language of that person's legal rights. [PL 1993, c. 326, §11 (AMD).]

2. Posting requirement. A copy of this subchapter must be posted by each provider. [PL 2011, c. 186, Pt. A, §35 (AMD).]
34-A M.R.S. § 5402 — ME Code / Title 34-A / Chapter 5 / Section 5402
34-A §5402. Duties and powers of the commissioner with respect to probation and parole services
Status: in_force

1. Appointment. [PL 1995, c. 502, Pt. F, §34 (RP).]

2. Duties. The commissioner shall: A. Adopt and enforce rules for field probation and parole officers, juvenile community corrections officers and parole officers in correctional facilities; [PL 2013, c. 133, §27 (AMD).] B. Appoint, subject to the Civil Service Law, field probation and parole officers, juvenile community corrections officers and such other employees as may be required to carry out adequate supervision of all probationers, parolees from the correctional facilities and other persons placed under the supervision of an employee listed in this paragraph; [PL 2013, c. 491, §6 (AMD).] C. Prescribe the powers and duties of persons appointed under paragraph B ; [PL 1983, c. 459, §6 (NEW).] D. Provide necessary investigation of any criminal case or matter, including presentence investigation, when requested by the court having jurisdiction; [PL 2013, c. 133, §29 (AMD).] E. Provide investigation when requested by the board; [PL 1983, c. 459, §6 (NEW).] F. Cooperate closely with the board, the criminal and juvenile courts, the chief administrative officers of correctional facilities and other correctional facility personnel; [PL 1983, c. 459, §6 (NEW).] G. Make recommendations to the board in cases of violations of the conditions of parole; [PL 1983, c. 459, §6 (NEW).] H. Issue warrants for the arrest of parole violators and juveniles who violate conditions of placement on community reintegration status pursuant to section 3810 and former section 4112 ; [PL 2017, c. 148, §28 (AMD).] I. Notify the chief administrative officers of correctional facilities of determinations made by the board; [PL 1983, c. 459, §6 (NEW).] J. Divide the State into administrative districts and staff the districts; [PL 1983, c. 459, §6 (NEW).] K. Provide instruction and training courses for probation and parole officers and for juvenile community corrections officers; [PL 2013, c. 133, §30 (AMD).] L. Be executive officer and secretary of the board; and [PL 1989, c. 417, §2 (AMD).] M. Aggregate the statistics contained in any reports the department receives on individual probationers and make the aggregated statistics available to other state agencies provided the data is aggregated in such a way that statistics pertaining to any individual probationer can not be disaggregated. [PL 1995, c. 502, Pt. F, §34 (AMD).] [PL 2017, c. 148, §28 (AMD).]

3. Powers. The commissioner may: A. Provide necessary specialized services and procedures for the constructive rehabilitation of juveniles; [PL 1983, c. 459, §6 (NEW).] A-1. Appoint regional correctional administrators as necessary for the proper performance of the functions of the department, subject to the Civil Service Law. (1) To be eligible for appointment as a regional correctional administrator, a person must be experienced in correctional management. (2) A regional correctional administrator shall report directly to the commissioner or to the deputy commissioner or an associate commissioner if so directed by the commissioner. [PL 2015, c. 291, §6 (AMD).] B. Obtain psychiatric, psychological and other necessary services; [PL 2005, c. 265, §20 (AMD).] C. Sign documents, including warrants and extradition papers, for the board when so instructed by the board; and [PL 2005, c. 265, §20 (AMD).] D. [PL 1995, c. 502, Pt. F, §34 (RP).] E. [PL 1995, c. 502, Pt. F, §34 (RP).] F. Provide for necessary assessment and supervision procedures and direct the use of adult probation resources and staff to the management of adult probationers with a high risk of reoffending. [PL 2005, c. 265, §21 (NEW).] [PL 2015, c. 291, §6 (AMD).]
34-A M.R.S. § 11222 — ME Code / Title 34-A / Chapter 15 / Section 11222
34-A §11222. Duty of offender to register
Status: in_force

1. Notification by court, the department, the bureau or a law enforcement agency. An offender has a duty to register under this chapter after notification has been given to the offender by a court of jurisdiction, the department, the bureau or a law enforcement agency. A court shall notify the offender at the time of sentence of the duty to register pursuant to this chapter. Notification of the duty to register under this chapter also may be given to the offender at any time after the imposition of sentence. At any time, the bureau may correct the term of a registration erroneously assigned to an offender or registrant. In such instances, the bureau shall notify the offender or registrant, the district attorney and court in the jurisdiction where the conviction occurred and the law enforcement agency having jurisdiction where the offender or registrant is domiciled, resides, is employed or attends college or school, if applicable. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

1-A. When duty to register must be exercised. Following notification by a court, the department, the bureau or a law enforcement agency under subsection 1 , an offender shall register as follows. A. If the offender is sentenced to a wholly suspended sentence with probation or administrative release, or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences in actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. If the offender is sentenced to a straight term of imprisonment or to a split sentence, the duty to register is triggered by discharge or conditional release. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] C. If the offender is committed under Title 15, section 103 , the duty to register is triggered by discharge or conditional release under Title 15, section 104‑A . [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] D. If the events stated in paragraphs A to C have passed, an offender must register within 5 days after having received notice of that duty from a court, the department, the bureau or a law enforcement agency. [PL 2009, c. 365, Pt. B, §15 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] E. Proof that the name and date of birth of the person notified of the duty to register pursuant to this chapter 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 notified of the duty to register is the same person as that person convicted of the offense requiring registration. [PL 2009, c. 365, Pt. B, §15 (NEW); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

1-B. Duty to notify law enforcement agency. An offender shall notify the law enforcement agency having jurisdiction in those areas where the offender is domiciled, resides, works or attends school within 24 hours of becoming a domiciliary or a resident or beginning work or attending school. If the location is a municipality with an organized municipal police department, the law enforcement agency having jurisdiction is the municipal police department. If the location is a school having an organized police department, the law enforcement agency having jurisdiction is the campus police department. If the location is neither a municipality nor a school with an organized police department, the law enforcement agency having jurisdiction is the sheriff's department. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

2. Responsibility of ensuring initial registration. The department, the county jail or the state mental health institute that has custody of an offender shall inform the offender, prior to discharge or conditional release, of the duty to register. If an offender does not serve a period of institutional confinement, the court shall inform the offender at the time of sentencing of the duty to register. The department, county jail, state mental health institute or court shall: A. Inform the offender of the duty to register and obtain the information required for the initial registration; [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] A-1. Inform the offender of the requirement to notify the law enforcement agency having jurisdiction pursuant to subsection 1‑B ; [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. Inform the offender that if the offender changes domicile or changes residence, place of employment or college or school being attended, the offender shall give the new address to the bureau in writing within 5 days and shall notify the law enforcement agency having jurisdiction within 24 hours; [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] C. Inform the offender that if that offender changes domicile to another state, the offender shall register the new address with the bureau and if the new state has a registration requirement, the offender shall register with a designated law enforcement agency in the new state not later than 5 days after establishing domicile in the new state; [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] D. Inform the offender that if that offender has part-time or full-time employment in another state, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in any type of school in another state on a part-time or full-time basis, the offender shall give the bureau the offender's place of employment or school to be attended in writing within 5 days after beginning work or attending school and if the other state has a registration requirement, shall register with the designated law enforcement agency in the other state; [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] E. Obtain fingerprints and a photograph of the offender or the court may order the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency within 3 days if the fingerprints and photograph have not already been obtained in connection with the offense that necessitates registration; and [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] F. Enforce the requirement that the offender read and sign a form provided by the bureau that states that the duty of the offender to register under this section has been explained. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

2-A. Duty of registrant sentenced from June 30, 1992 to September 17, 1999 to register. Notwithstanding subsection 1 , a person coming within the definition of a 10-year registrant or lifetime registrant who has been sentenced on or after June 30, 1992 but before September 18, 1999 for a sex offense or a sexually violent offense shall register either as a 10-year registrant or lifetime registrant, whichever is applicable, if the duty to register has been triggered under subsection 1‑A, paragraph A , B or C and the offender has been notified of the duty to register by a court of jurisdiction, the department, the bureau or a law enforcement agency. The offender shall register with the bureau within 5 days of notice. [PL 2015, c. 280, §2 (AMD).]

2-B. Duty to register for new crimes. For a person who has been sentenced for a crime added by an amendment to the definition of sex offense or sexually violent offense in section 11203 since September 1, 2002, if the duty to register has been triggered under subsection 1‑A, paragraph A , B or C and the offender has been notified of the duty to register by a court of jurisdiction, the department, the bureau or a law enforcement agency, that person shall register as a 10-year registrant or a lifetime registrant, whichever is applicable. The offender shall register with the bureau within 5 days of notice. [PL 2015, c. 280, §2 (AMD).]

2-C. Duty of registrant sentenced from January 1, 1982 to June 29, 1992 to register. Notwithstanding subsection 1 , a person who meets the definition of a 10-year registrant or a lifetime registrant who has been sentenced on or after January 1, 1982 but before June 30, 1992 for a sex offense or a sexually violent offense shall register either as a 10-year registrant or a lifetime registrant, whichever is applicable, if the duty to register has been triggered under subsection 1‑A, paragraph A , B or C and the offender has been notified of the duty to register by a court of jurisdiction, the department, the bureau or a law enforcement agency. The offender shall register with the bureau within 5 days of notice. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

3. Transfer of initial registration information to bureau and FBI. The department, county jail, state mental health institute or court within 3 days of receipt of the information described in subsection 2 shall forward the information to the bureau. If the court orders the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency, the law enforcement agency shall submit the fingerprints and photograph to the bureau within 3 days. The bureau shall immediately enter the information into the registration system, notify the law enforcement agencies having jurisdiction where the offender expects to be domiciled and reside and transmit the information to the FBI for inclusion in the national FBI sex offender database. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

4. Verification for persons sentenced on or after September 18, 1999. During the period a registrant sentenced on or after September 18, 1999 is required to register, the bureau shall require the registrant to verify registration information including domicile, residence, mailing address, place of employment and college or school being attended. Unless verifications are suspended, the bureau shall verify the registration information of a 10-year registrant on each anniversary of the 10-year registrant's initial registration date and shall verify a lifetime registrant's registration information every 3 months after that lifetime registrant's initial registration date. Verification of the registration information of a 10-year registrant or lifetime registrant occurs as set out in this subsection. A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities. [PL 2005, c. 423, §17 (AMD).] B. [PL 2005, c. 423, §17 (RP).] C. The registrant shall take the completed verification form and a current photograph of the registrant to the law enforcement agency having jurisdiction within 5 days of receipt of the form. [PL 2009, c. 570, §2 (AMD).] D. The law enforcement agency having jurisdiction shall verify the registrant's identity, have the registrant sign the verification form, take the registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau. [PL 2003, c. 711, Pt. C, §21 (AMD); PL 2003, c. 711, Pt. D, §2 (AFF).] [PL 2015, c. 280, §3 (AMD).]

4-A. Verification for person sentenced on or after January 1, 1982 and prior to September 18, 1999 who is a 10-year registrant. During the period a 10-year registrant sentenced on or after January 1, 1982 and prior to September 18, 1999 is required to register, the bureau shall require the 10-year registrant to verify registration information including domicile, residence, mailing address, place of employment and college or school being attended. Unless verifications are suspended, the bureau shall verify the registration information of a 10-year registrant in writing as provided by the bureau on each anniversary of the 10-year registrant's initial registration date and once every 5 years in person. Verification of the registration information of a 10-year registrant occurs as set out in this subsection. A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the 10-year registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities. [PL 2009, c. 570, §3 (NEW).] B. The 10-year registrant shall mail to the bureau the completed written verification form and a current photograph on each anniversary of the 10-year registrant's initial registration date within 5 days of receipt of the form, except as provided in paragraph C . [PL 2009, c. 570, §3 (NEW).] C. In lieu of mailing the completed verification form under paragraph B , the 10-year registrant shall take the completed verification form and a current photograph of the 10-year registrant to the law enforcement agency having jurisdiction once every 5 years on the anniversary of the 10-year registrant's initial registration or, if there is a reason to believe the offender's appearance has changed significantly, the law enforcement agency having jurisdiction or the bureau may instruct the 10-year registrant in writing: (1) To appear in person at the law enforcement agency having jurisdiction with a current photograph or to allow a photograph to be taken; or (2) If authorized in writing by the law enforcement agency having jurisdiction or the bureau, to submit a new photograph without appearing in person. [PL 2015, c. 280, §4 (AMD).] D. Whenever in-person verification is mandated pursuant to paragraph C , the law enforcement agency having jurisdiction shall verify the 10-year registrant's identity, have the 10-year registrant sign the verification form, take the registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau. [PL 2009, c. 570, §3 (NEW).] [PL 2015, c. 280, §4 (AMD).]

4-B. Verification for person sentenced on or after January 1, 1982 and prior to September 18, 1999 who is a lifetime registrant. During the period a lifetime registrant sentenced on or after January 1, 1982 and prior to September 18, 1999 is required to register, the bureau shall require the lifetime registrant to verify registration information including domicile, residence, mailing address, place of employment and college or school being attended. Unless verifications are suspended, the bureau shall verify the registration information of a lifetime registrant in writing as provided by the bureau every 3 months after that lifetime registrant's initial registration date and once every 5 years in person. Verification of the registration information of a lifetime registrant occurs as set out in this subsection. A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the lifetime registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities. [PL 2009, c. 570, §4 (NEW).] B. The lifetime registrant shall mail to the bureau the completed written verification form and a current photograph every 3 months after that lifetime registrant's initial registration date within 5 days of receipt of the form, except as provided in paragraph C . [PL 2015, c. 280, §5 (AMD).] C. In lieu of mailing the completed verification form under paragraph B , the lifetime registrant shall take the completed verification form and a current photograph of the lifetime registrant to the law enforcement agency having jurisdiction once every 5 years on the anniversary of the lifetime registrant's initial registration or, if there is a reason to believe the lifetime registrant's appearance has changed significantly, the law enforcement agency having jurisdiction or the bureau may instruct the lifetime registrant in writing: (1) To appear in person at the law enforcement agency having jurisdiction with a current photograph or to allow a photograph to be taken; or (2) If authorized in writing by the law enforcement agency having jurisdiction or the bureau, to submit a new photograph without appearing in person. [PL 2015, c. 280, §5 (AMD).] D. Whenever in-person verification is mandated pursuant to paragraph C , the law enforcement agency having jurisdiction shall verify the lifetime registrant's identity, have the lifetime registrant sign the verification form, take the lifetime registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau. [PL 2009, c. 570, §4 (NEW).] [PL 2015, c. 280, §5 (AMD).]

4-C. Verification for person sentenced in another jurisdiction before January 1, 1982 who is a lifetime registrant. During the period a lifetime registrant sentenced in another jurisdiction before January 1, 1982 is required to register, the bureau shall require the lifetime registrant to verify registration information including domicile, residence, mailing address, place of employment and college or school being attended. Unless verifications are suspended, the bureau shall verify the registration information of a lifetime registrant in writing as provided by the bureau every 3 months after that lifetime registrant's initial registration date and once every 5 years in person. Verification of the registration information of a lifetime registrant occurs as set out in this subsection. A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the lifetime registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities. [PL 2015, c. 280, §6 (NEW).] B. The lifetime registrant shall mail to the bureau the completed written verification form and a current photograph every 3 months after that lifetime registrant's initial registration date within 5 days of receipt of the form, except as provided in paragraph C . [PL 2015, c. 280, §6 (NEW).] C. In lieu of mailing the completed verification form under paragraph B , the lifetime registrant shall take the completed verification form and a current photograph of the lifetime registrant to the law enforcement agency having jurisdiction once every 5 years on the anniversary of the lifetime registrant's initial registration or, if there is a reason to believe the lifetime registrant's appearance has changed significantly, the law enforcement agency having jurisdiction or the bureau may instruct the lifetime registrant in writing: (1) To appear in person at the law enforcement agency having jurisdiction with a current photograph or to allow a photograph to be taken; or (2) If authorized in writing by the law enforcement agency having jurisdiction or the bureau, to submit a new photograph without appearing in person. [PL 2015, c. 280, §6 (NEW).] D. Whenever in-person verification is mandated pursuant to paragraph C , the law enforcement agency having jurisdiction shall verify the lifetime registrant's identity, have the lifetime registrant sign the verification form, take the lifetime registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau. [PL 2015, c. 280, §6 (NEW).] [PL 2015, c. 280, §6 (NEW).]

5. Change of domicile, residence, place of employment or college or school being attended. An offender or registrant shall notify the bureau in writing of a change of residence, domicile, place of employment or college or school being attended within 5 days and shall notify the law enforcement agency having jurisdiction within 24 hours after changing that domicile, residence, place of employment or college or school being attended. A. If the offender or registrant establishes a new domicile, residence, place of employment or college or school being attended in the State, the bureau shall notify, within 3 days, both the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] B. If the offender or registrant establishes a domicile, residence, place of employment or college or school being attended in another state, the bureau shall notify, within 3 days, the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled. [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).] [PL 2009, c. 365, Pt. B, §15 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]
34-A M.R.S. § 9884 — ME Code / Title 34-A / Chapter 9 / Section 9884
34-A §9884. Binding effect of compact and other laws--Article 14
Status: in_force

1. Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict. [PL 2003, c. 495, §1 (NEW).]

2. Binding effect of compact. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states. All agreements between the interstate commission and the compacting states are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation. If a provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction to be conferred by such provision upon the interstate commission are ineffective. The obligations, duties, powers or jurisdiction remain in the compacting state and are exercised by the agency of the compacting states to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective. [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 9908 — ME Code / Title 34-A / Chapter 9 / Section 9908
34-A §9908. Finance -- Article 8
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. 500, §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 each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states that governs the assessment. [PL 2003, c. 500, §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. 500, §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. 500, §1 (NEW).]
34-A M.R.S. § 3069-A — ME Code / Title 34-A / Chapter 3 / Section 3069-A
34-A §3069-A. Transfer of jail inmates for mental health services
Status: in_force

1. Eligible inmates. The commissioner may transfer from a jail to a correctional facility an adult inmate who the chief administrative officer of the Riverview Psychiatric Center confirms is eligible for admission to a state mental health institute under Title 34‑B, section 3863 , but for whom no suitable bed is available, for the purpose of providing to the inmate mental health services in a mental health unit of a correctional facility that provides intensive mental health care and treatment. The commissioner may not transfer pursuant to this section a person who has been found not criminally responsible by reason of insanity. The commissioner may return an inmate transferred pursuant to this subsection back to the sending facility. For purposes of this subsection, "intensive mental health care and treatment" has the same meaning as in section 3049, subsection 1 . [PL 2013, c. 434, §5 (NEW).]

2. Evaluation. The commissioner may transfer from a jail to a correctional facility an adult inmate whom the court orders to be examined or further evaluated by the State Forensic Service under Title 15, section 101‑D, subsection 1 , 2 , 3 or 9 if the State Forensic Service determines that the jail where the inmate is incarcerated cannot provide an appropriate setting for the examination but that a mental health unit in a correctional facility can provide an appropriate setting for the examination. The commissioner shall return an inmate transferred pursuant to this subsection back to the sending facility upon the completion of the examination ordered, including any further evaluation ordered, unless the commissioner transferred the inmate for another reason in addition to the examination. [PL 2013, c. 434, §5 (NEW).]

3. Disclosure of information. With respect to an adult inmate who has previously been hospitalized under Title 34‑B, chapter 3, subchapter 4 , the commissioner may make it a prerequisite to a transfer of the inmate under this section that necessary information be disclosed to the department pursuant to Title 34‑B, section 1207, subsection 1, paragraph B . [PL 2013, c. 434, §5 (NEW).]

4. Application of other laws. All other applicable provisions of law governing inmates, whether detained pending a trial or other court proceeding or sentenced, apply to inmates transferred under this section. [PL 2013, c. 434, §5 (NEW).]

5. Discretion. Nothing in this section or in any other provision of law requires the commissioner to transfer an adult inmate from a jail to a correctional facility or precludes the commissioner from transferring an adult inmate from a jail to a correctional facility at any time for any other reason at the commissioner's discretion. [PL 2013, c. 434, §5 (NEW).]

6. Repeal. [PL 2017, c. 147, §4 (RP).]
34-B M.R.S. § 3602 — ME Code / Title 34-B / Chapter 3 / Section 3602
34-B §3602. Purpose
Status: in_force

The purpose of this subchapter is to expand community mental health services, encourage participation in a program of community mental health services by persons in local communities, obtain better understanding of the need for those services and secure aid for programs of community mental health services by state aid and local financial support. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 1405 — ME Code / Title 34-B / Chapter 1 / Section 1405
34-B §1405. Emergencies
Status: in_force

When emergency situations are certified by the chief administrative officer of a state institution to exist at the institution, the commissioner may, with the approval of the Governor, assign departmental personnel as may be necessary to assist in controlling the emergency situation. [PL 1983, c. 459, §7 (NEW).]

1. Temporary assignment. The assignment of personnel shall be only for the period during which the emergency exists. [PL 1983, c. 459, §7 (NEW).]

2. Compensation. Any personnel transferred are entitled to receive compensation as required by the Civil Service Law, rules and contract terms. [PL 1985, c. 785, Pt. B, §163 (AMD).]
34-A M.R.S. § 7002 — ME Code / Title 34-A / Chapter 7 / Section 7002
34-A §7002. Powers and duties of the department
Status: in_force

The department has the following powers and duties with respect to the responsibility defined in section 7001 . [PL 1983, c. 459, §6 (NEW).]

1. Services. The department shall provide, directly or through purchase or contract, services to children and their families, including, but not limited to: A. Administering, supervising and ensuring the provision of correctional programs for juveniles adjudicated as having committed juvenile crimes; [PL 1983, c. 459, §6 (NEW).] B. Providing technical assistance and additional financial resources to assist communities to establish and provide necessary preventive and rehabilitative services for juveniles; [PL 1983, c. 459, §6 (NEW).] C. Coordinating its efforts with those of other state and local agencies in order to effectively use all existing resources to the maximum extent possible; [PL 1983, c. 459, §6 (NEW).] D. Working with other public and voluntary agencies as resources for the purchase of care and services; and [PL 1983, c. 459, §6 (NEW).] E. Stimulating the creation of voluntary services. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

2. Planning. The department shall carry out planning for identifying, evaluating and meeting the service needs for prevention of juvenile crime and rehabilitation of juveniles adjudicated as having committed juvenile crimes. To ensure that the department's efforts to plan for and deliver prevention programs avoid duplication of the efforts of other state departments which serve juveniles and promote access to services, the commissioner shall: A. Constitute an interdepartmental coordinating committee on primary prevention, which must be chaired by the commissioner or the commissioner's designee and must include representation from the Department of Education, Department of Health and Human Services, Department of Labor, Department of Public Safety, the Juvenile Justice Advisory Group and such other public or private agencies as the commissioner may wish to nominate that have responsibilities associated with preventing not only delinquency, but also child abuse, substance use disorder, running away from home, truancy and failing to complete school and other destructive behavior that affects juveniles. This coordinating committee shall: (1) Develop a state primary prevention plan that provides for the use of state resources in ways that will strengthen the commitment of local communities to altering conditions that contribute to delinquency and other destructive behaviors that affect juveniles, so that the burden of state-funded treatment and crisis-responsive service programs will be reduced. The plan must provide for the coordination and consolidation of the primary prevention planning efforts of each of the state agencies specified in this section. The plan must set forth quantifiable and time-limited goals, objectives and strategies and must include proposals to integrate and build upon successful primary prevention programs; (2) Provide for the evaluation of policies and programs developed and implemented pursuant to the plan; and (3) Prepare, annually by November 1st, an appraisal of the State's primary prevention activities during the previous year and its recommendations for programs and activities relating to primary prevention. [PL 2017, c. 407, Pt. A, §155 (AMD).] [PL 2017, c. 407, Pt. A, §155 (AMD).]

3. Evaluation. The department shall evaluate prevention and rehabilitation services with regard to, among other things: A. Compliance with all regulations for the use of funds for those services; and [PL 1983, c. 459, §6 (NEW).] B. Quality and cost of effectiveness of those services. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

4. Appeals. The department shall provide structure for appeals, fair hearings and a review of grievances by children and their parents, guardian or legal custodian regarding provision of services for which the department has been given responsibility under this chapter, including, but not limited to, protecting the rights of individuals to appeal from denials of or exclusion from the services to which they are entitled, actions that preclude the individual's right of choice to specific programs, or actions that force involuntary participation in a service program. [PL 1983, c. 459, §6 (NEW).]

5. Training. The department shall train personnel to perform the functions necessary to implement this chapter, including, but not limited to: A. Meeting the need for professional personnel for juvenile services, through in-service training, institutes, conferences and educational leave grants; [PL 1983, c. 459, §6 (NEW).] B. Upgrading education and competence of professional and other personnel and volunteers; and [PL 1983, c. 459, §6 (NEW).] C. Making staff and training facilities available for training of staff and volunteers in contracting agencies or facilities to assure effective provision of purchased services. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]

6. Research and demonstration. The department may conduct research and demonstration projects, including, but not limited to, entering into contracts with other agencies and making grants for research, including basic research into the causes of juvenile crime, evaluation of methods of service delivery in use, and development of new approaches. [PL 1983, c. 459, §6 (NEW).]

7. Wards. With respect to individual juveniles for whom the department has accepted responsibility, it may take necessary action for the appointment of a guardian of a juvenile who does not have a parent to exercise effective guardianship, and it shall: A. Assure that appropriate services are made available to them, either directly or by purchase of those services; [PL 1983, c. 459, §6 (NEW).] B. Assume responsibility, to the extent that parents are unable to do so, for payment for services; and [PL 1983, c. 459, §6 (NEW).] C. Assume legal custody of children or legal guardianship when vested by the court. [PL 1983, c. 459, §6 (NEW).] [PL 1983, c. 459, §6 (NEW).]
34-A M.R.S. § 9876 — ME Code / Title 34-A / Chapter 9 / Section 9876
34-A §9876. Organization and operation of interstate commission--Article 6
Status: in_force

1. Bylaws. The interstate commission shall adopt bylaws, by a majority vote of the members, within 12 months of the first interstate commission meeting to govern its conduct as may be necessary or appropriate to carry out the purposes of this subchapter, including, but not limited to: A. Establishing the fiscal year of the interstate commission; [PL 2003, c. 495, §1 (NEW).] B. Establishing an executive committee and such other committees as may be necessary; [PL 2003, c. 495, §1 (NEW).] C. Providing reasonable standards and procedures: (1) For the establishment of committees; and (2) Governing any general or specific delegation of any authority or function of the interstate commission; [PL 2003, c. 495, §1 (NEW).] D. Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting; [PL 2003, c. 495, §1 (NEW).] E. Establishing the titles and responsibilities of the officers of the interstate commission; [PL 2003, c. 495, §1 (NEW).] F. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws exclusively govern the personnel policies and programs of the interstate commission; [PL 2003, c. 495, §1 (NEW).] G. Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations; [PL 2003, c. 495, §1 (NEW).] H. Providing transitional rules for administration of the compact when it first takes effect; and [PL 2003, c. 495, §1 (NEW).] I. Establishing standards and procedures for compliance and technical assistance in carrying out the compact. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

2. Officers and staff. The following provisions govern officers and staff. A. The interstate commission shall, by a majority vote of the members, elect from among its members a chair and a vice-chair, each of whom has such authorities and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers so elected serve without compensation or remuneration from the interstate commission, provided that, subject to the availability of budgeted funds, the officers are reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. [PL 2003, c. 495, §1 (NEW).] B. The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission considers appropriate. The executive director serves as secretary to the interstate commission and may hire and supervise such other staff as may be authorized by the interstate commission but may not be a member. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]

3. Corporate books and records of interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the bylaws. [PL 2003, c. 495, §1 (NEW).]

4. Qualified immunity, defense and indemnification. The following provisions govern qualified immunity, defense and indemnification. A. The members, officers, executive director and employees of the interstate commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. [PL 2003, c. 495, §1 (NEW).] B. The interstate commission shall defend the commissioner of a compacting state, a commissioner's representatives or employees or the interstate commission's representatives or employees, in a civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of that person. [PL 2003, c. 495, §1 (NEW).] C. The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employee or the interstate commission's representative or employee, harmless in the amount of any settlement or judgment obtained against such a person arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities or that such a person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of that person. [PL 2003, c. 495, §1 (NEW).] [PL 2003, c. 495, §1 (NEW).]
34-A M.R.S. § 5404 — ME Code / Title 34-A / Chapter 5 / Section 5404
34-A §5404. Probation and parole officers
Status: in_force

In addition to duties prescribed by the commissioner and by the court having jurisdiction, a probation and parole officer shall: [PL 2013, c. 133, §31 (AMD).]

1. Investigation. Investigate any criminal case or matter concerning probation, supervised release for sex offenders or parole referred to the officer for investigation and report the result of the investigation; [PL 2013, c. 133, §31 (AMD).]

2. Arrest. Arrest, after completing the entry level and orientation training course prescribed by the commissioner, in the following circumstances: A. Arrest violators of probation or supervised release for sex offenders and parole violators and return parole violators upon request of the commissioner; [PL 2005, c. 488, §23 (AMD).] B. Arrest and return to a correctional facility persons released from the correctional facility under section 3035 or transferred from the facility under section 3036-A ; [PL 2015, c. 291, §7 (AMD).] C. If the officer has probable cause to believe that a person under the supervision of the department has violated a condition of that person's probation, supervised release for sex offenders or parole, the officer may arrest that person; and [PL 2015, c. 291, §7 (AMD).] D. Arrest and return to a correctional or detention facility persons who have escaped from the official custody of the department. For the purposes of this paragraph, "official custody" has the same meaning as set out in Title 17‑A, section 755 , subsection 3; [PL 2015, c. 291, §7 (NEW).] [PL 2015, c. 291, §7 (AMD).]

3. Supervision. Supervise persons as follows: A. Supervise the probation, supervised release for sex offenders or parole of each person placed under the officer's supervision to ensure that departmental resources are directed to the management of persons with a high risk of reoffending; [PL 2013, c. 133, §31 (AMD).] B. Supervise persons released from a correctional facility under section 3035 and supervise persons transferred to supervised community confinement under section 3036-A if the commissioner directs; [PL 2003, c. 205, §15 (AMD).] C. Keep informed of the conduct and condition of each person placed under the officer's supervision and use suitable methods to encourage the person to improve that person's conduct and condition; and [PL 1995, c. 502, Pt. F, §39 (AMD).] D. [PL 1989, c. 127, §14 (RP).] E. Supervise the transition from institutional confinement for persons residing in a prerelease center if the commissioner directs; [PL 2011, c. 680, §7 (AMD).] [PL 2013, c. 133, §31 (AMD).]

3-A. Risk assessment; immunity from liability. Make a good faith effort to supplement any assessment tool for all domestic violence offenders with a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004‑I, subsection 74-C , and approved by the Department of Public Safety. A probation and parole officer shall implement protocols to override risk assessment scores based on the presence of domestic violence risk factors that indicate a higher risk. Notwithstanding any other law to the contrary, the administration of the domestic violence risk assessment pursuant to this subsection or the failure to administer the assessment does not subject any state, municipal or county official or employee to liability in a civil action; and [PL 2013, c. 133, §31 (AMD).]

4. Records and reports. Keep records of each case and make reports as required. [PL 2005, c. 389, §7 (AMD).]

5. Money. [PL 2005, c. 389, §8 (RP).]
34-B M.R.S. § 5001 — ME Code / Title 34-B / Chapter 5 / Section 5001
34-B §5001. Definitions
Status: in_force

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

1. Bureau. [PL 1993, c. 410, Pt. CCC, §23 (RP).]

1-A. Division. [PL 1995, c. 560, Pt. K, §38 (RP).]

1-B. Correspondent. "Correspondent" means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §74 (AMD).]

1-C. Family. "Family" means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. [PL 2007, c. 356, §9 (NEW); PL 2007, c. 356, §31 (AFF).]

2. Incapacitated person. "Incapacitated person" means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person's property. [PL 2011, c. 542, Pt. A, §75 (AMD).]

2-A. Individual support coordinator. "Individual support coordinator" means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title. [PL 2011, c. 542, Pt. A, §76 (AMD).]

3. Intellectual disability. " Intellectual disability" means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. [PL 2011, c. 542, Pt. A, §77 (AMD).]

3-A. Mentally retarded. [PL 2011, c. 542, Pt. A, §78 (RP).]

3-B. Person. "Person" means an adult with an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §79 (AMD).]

3-C. Personal planning. "Personal planning" means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. [PL 2011, c. 542, Pt. A, §80 (AMD).]

3-D. Personal planning team. "Personal planning team" means the person with an intellectual disability or autism, the person's guardian, if any, the person's individual support coordinator or case manager and other individuals chosen or identified by the person to participate in personal planning. [PL 2011, c. 542, Pt. A, §81 (AMD).]

3-E. Professional services. "Professional services" means services provided by individuals licensed to provide medical or behavioral health care and treatment, including but not limited to physicians, nurses, physical therapists, occupational therapists, psychologists, speech therapists and dentists. [PL 2007, c. 356, §14 (NEW); PL 2007, c. 356, §31 (AFF).]

4. Protective services. "Protective services" means services which will separate incapacitated adults from danger, including, but not limited to: A. Social, medical and psychiatric services necessary to preserve the incapacitated adult's rights and resources and to maintain the incapacitated adult's physical and mental well-being; and [PL 1983, c. 459, §7 (NEW).] B. Seeking guardianship or a protective order under Title 18‑C, Article 5 . [PL 2017, c. 402, Pt. C, §98 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. C, §98 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Region. "Region" means any of the regions established by the department. [PL 1995, c. 560, Pt. K, §39 (AMD).]

5-A. Related condition. "Related condition" means a condition that meets the definition in 42 Code of Federal Regulations, Section 435.1010 in effect January 1, 2023. [PL 2023, c. 89, §8 (NEW).]

6. Supportive services. "Supportive services" means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to: A. Counseling; [PL 1983, c. 459, §7 (NEW).] B. Transportation; [PL 1983, c. 459, §7 (NEW).] C. Assistance in obtaining adequate housing; [PL 1983, c. 459, §7 (NEW).] D. Medical and psychiatric care; and [PL 1983, c. 459, §7 (NEW).] E. Nutritional services. [PL 1983, c. 459, §7 (NEW).] [PL 1983, c. 459, §7 (NEW).]

7. Ward. "Ward" means a person for whom the department has been duly appointed guardian under Title 18‑C, Article 5, Part 7 . [PL 2017, c. 402, Pt. C, §99 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
34-B M.R.S. § 9013 — ME Code / Title 34-B / Chapter 9 / Section 9013
34-B §9013. Withdrawal from compact--Article XIII
Status: in_force

1. Procedure; effective date; effect. A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. The withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the compact. [PL 1983, c. 459, §7 (NEW).]

2. Costs and supplementary agreements. Withdrawal from any agreement permitted by Article VII, subsection 2 , as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. [PL 1983, c. 459, §7 (NEW).]
34-B M.R.S. § 3861 — ME Code / Title 34-B / Chapter 3 / Section 3861
34-B §3861. Reception of involuntary patients
Status: in_force

1. Nonstate mental health institution. The chief administrative officer of a nonstate mental health institution may receive for observation, diagnosis, care and treatment in the institution any person whose admission is applied for under any of the procedures in this subchapter. An admission may be made under the provisions of section 3863 only if the certifying examination conducted pursuant to section 3863, subsection 2 was completed no more than 2 days before the date of admission. A. The institution, any person contracting with the institution and any of its employees when admitting, treating or discharging a patient under the provisions of sections 3863 and 3864 under a contract with the department, for purposes of civil liability, must be deemed to be a governmental entity or an employee of a governmental entity under the Maine Tort Claims Act, Title 14, chapter 741 . [PL 1989, c. 906 (NEW).] B. Patients with a diagnosis of mental illness or psychiatric disorder in nonstate mental health institutions that contract with the department under this subsection are entitled to the same rights and remedies as patients in state mental health institutes as conferred by the constitution, laws, regulations and rules of this State and of the United States. [PL 1989, c. 906 (NEW).] C. Before contracting with and approving the admission of involuntary patients to a nonstate mental health institution, the department shall require the institution to: (1) Comply with all applicable regulations; (2) Demonstrate the ability of the institution to comply with judicial decrees as those decrees relate to services already being provided by the institution; and (3) Coordinate and integrate care with other community-based services. [PL 1989, c. 906 (NEW).] D. Beginning July 31, 1990, the capital, licensing, remodeling, training and recruitment costs associated with the start-up of beds designated for involuntary patients under this section must be reimbursed, within existing resources, of the Department of Health and Human Services. [PL 1989, c. 906 (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).] E. The chief administrative officer of a nonstate mental health institution shall provide notice to the department and such additional information as may be requested by the department when a person who was involuntarily admitted to the institution has died, attempted suicide or sustained a serious injury resulting in significant impairment of physical condition. For the purposes of this paragraph, "significant impairment" includes serious injuries resulting from burns, lacerations, bone fractures, substantial hematoma and injuries to internal organs whether self-inflicted or inflicted by another person. The notice must be provided within 24 hours of occurrence and must include the name of the person; the name, address and telephone number of that person's legal guardian, conservator or legal representative and parents if that person is a minor; a detailed description of the occurrence and any injuries or impairments sustained; the date and time of the occurrence; the name, street address and telephone number of the facility; and the name and job title of the person providing the notice. [PL 2007, c. 89, §2 (NEW).] [PL 2007, c. 89, §2 (AMD).]

2. State mental health institute. The chief administrative officer of a state mental health institute: A. May receive for observation, diagnosis, care and treatment in the state mental health institute any person whose admission is applied for under section 3831 or 3863 if the certifying examination conducted pursuant to section 3863, subsection 2 was completed no more than 2 days before the date of admission; and [PL 2007, c. 319, §8 (AMD).] B. May receive for observation, diagnosis, care and treatment in the state mental health institute any person whose admission is applied for under section 3864 or is ordered by a court. [PL 2007, c. 319, §8 (AMD).] Any business entity contracting with the department for psychiatric physician services or any person contracting with a state mental health institute or the department to provide services pertaining to the admission, treatment or discharge of patients under sections 3863 and 3864 within a state mental health institute or any person contracting with a business entity to provide those services within a state mental health institute is deemed to be a governmental entity or an employee of a governmental entity for purposes of civil liability under the Maine Tort Claims Act, Title 14, chapter 741 , with respect to the admission, treatment or discharge of patients within a state mental health institute under sections 3863 and 3864 . [PL 2007, c. 319, §8 (AMD).]

3. Involuntary treatment. Except for involuntary treatment ordered pursuant to the provisions of section 3864, subsection 7‑A , involuntary treatment of a patient at a designated nonstate mental health institution or a state mental health institute who is an involuntarily committed patient under the provisions of this subchapter may be ordered and administered only in conformance with the provisions of this subsection. For the purposes of this subsection, involuntary treatment is limited to medication for the treatment of mental illness and laboratory testing and medication for the monitoring and management of side effects. A. If the patient's primary treating physician proposes a treatment that the physician, in the exercise of professional judgment, believes is in the best interest of the patient and if the patient lacks clinical capacity to give informed consent to the proposed treatment and the patient is unwilling or unable to comply with the proposed treatment, the patient's primary treating physician shall request in writing a clinical review of the proposed treatment by a clinical review panel. For a patient at a state mental health institute, the request must be made to the superintendent of the institute or the designee of the superintendent. For a patient at a designated nonstate mental health institution, the request must be made to the chief administrative officer or the designee of the chief administrative officer. The request must include the following information: (1) The name of the patient, the patient's diagnosis and the unit on which the patient is hospitalized; (2) The date that the patient was committed to the institution or institute and the period of the court-ordered commitment; (3) A statement by the primary treating physician that the patient lacks capacity to give informed consent to the proposed treatment. The statement must include documentation of a 2nd opinion that the patient lacks that capacity, given by a professional qualified to issue such an opinion who does not provide direct care to the patient but who may work for the institute or institution; (4) A description of the proposed course of treatment, including specific medications, routes of administration and dose ranges, proposed alternative medications or routes of administration, if any, and the circumstances under which any proposed alternative would be used; (5) A description of how the proposed treatment will benefit the patient and ameliorate identified signs and symptoms of the patient's psychiatric illness; (6) A listing of the known or anticipated risks and side effects of the proposed treatment and how the prescribing physician will monitor, manage and minimize the risks and side effects; (7) Documentation of consideration of any underlying medical condition of the patient that contraindicates the proposed treatment; and (8) Documentation of consideration of any advance health care directive given in accordance with Title 18‑C, section 5‑803 and any declaration regarding medical treatment of psychotic disorders executed in accordance with section 11001 . [PL 2017, c. 402, Pt. C, §96 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The provisions of this paragraph apply to the appointment, duties and procedures of the clinical review panel under paragraph A . (1) Within one business day of receiving a request under paragraph A , the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall appoint a clinical review panel of 2 or more licensed professional staff who do not provide direct care to the patient. At least one person must be a professional licensed to prescribe medication relevant to the patient's care and treatment. At the time of appointment of the clinical review panel, the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall notify the following persons in writing that the clinical review panel will be convened: (a) The primary treating physician; (b) The commissioner or the commissioner's designee; (c) The patient's designated representative or attorney, if any; (d) The State's designated federal protection and advocacy agency; and (e) The patient. Notice to the patient must inform the patient that the clinical review panel will be convened and of the right to assistance from a lay advisor, at no expense to the patient, and the right to obtain an attorney at the patient's expense. The notice must include contact information for requesting assistance from a lay advisor, who may be employed by the institute or institution, and access to a telephone to contact a lay advisor must be provided to the patient. (2) Within 4 days of receiving a request under paragraph A and no less than 24 hours before the meeting of the clinical review panel, the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution or that person's designee shall provide notice of the date, time and location of the meeting to the patient's primary treating physician, the patient and any lay advisor or attorney. (3) The clinical review panel shall hold the meeting and any additional meetings as necessary, reach a final determination and render a written decision ordering or denying involuntary treatment. (a) At the meeting, the clinical review panel shall receive information relevant to the determination of the patient's capacity to give informed consent to treatment and the need for treatment, review relevant portions of the patient's medical records, consult with the physician requesting the treatment, review with the patient that patient's reasons for refusing treatment, provide the patient and any lay advisor or attorney an opportunity to ask questions of anyone presenting information to the clinical review panel at the meeting and determine whether the requirements for ordering involuntary treatment have been met. (b) All meetings of the clinical review panel must be open to the patient and any lay advisor or attorney, except that any meetings held for the purposes of deliberating, making findings and reaching final conclusions are confidential and not open to the patient and any lay advisor or attorney. (c) The clinical review panel shall conduct its review in a manner that is consistent with the patient's rights. (d) Involuntary treatment may not be approved and ordered if the patient affirmatively demonstrates to the clinical review panel that if that patient possessed capacity, the patient would have refused the treatment on religious grounds or on the basis of other previously expressed convictions or beliefs. (4) The clinical review panel may approve a request for involuntary treatment and order the treatment if the clinical review panel finds, at a minimum: (a) That the patient lacks the capacity to make an informed decision regarding treatment; (b) That the patient is unable or unwilling to comply with the proposed treatment; (c) That the need for the treatment outweighs the risks and side effects; and (d) That the proposed treatment is the least intrusive appropriate treatment option. (5) The clinical review panel may make additional findings, including but not limited to findings that: (a) Failure to treat the illness is likely to produce lasting or irreparable harm to the patient; or (b) Without the proposed treatment the patient's illness or involuntary commitment may be significantly extended without addressing the symptoms that cause the patient to pose a likelihood of serious harm. (6) The clinical review panel shall document its findings and conclusions, including whether the potential benefits of the proposed treatment outweigh the potential risks. [PL 2011, c. 657, Pt. DD, §1 (AMD).] C. The provisions of this paragraph govern the rights of a patient who is the subject of a clinical review panel under paragraph A . (1) The patient is entitled to the assistance of a lay advisor without expense to the patient. The patient is entitled to representation by an attorney at the patient's expense. (2) The patient may review any records or documents considered by the clinical review panel. (3) The patient may provide information orally and in writing to the clinical review panel and may present witnesses. (4) The patient may ask questions of any person who provides information to the clinical review panel. (5) The patient and any lay advisor or attorney may attend all meetings of the clinical review panel except for any private meetings authorized under paragraph B , subparagraph 3, division (b). [PL 2007, c. 580, §2 (NEW).] D. If the clinical review panel under paragraph A approves the request for involuntary treatment, the clinical review panel shall enter an order for the treatment in the patient's medical records and immediately notify the superintendent of a state mental health institute or chief administrative officer of a designated nonstate mental health institution. The order takes effect: (1) For a patient at a state mental health institute, one business day from the date of entry of the order; or (2) For a patient at a designated nonstate mental health institution, one business day from the date of entry of the order, except that if the patient has requested review of the order by the commissioner under paragraph F , subparagraph (2), the order takes effect one business day from the day on which the commissioner or the commissioner's designee issues a written decision. [PL 2011, c. 657, Pt. DD, §2 (AMD).] E. The order for treatment under this subsection remains in effect for 120 days or until the end of the period of commitment, whichever is sooner, unless altered by: (1) An agreement to a different course of treatment by the primary treating physician and patient; (2) For a patient at a designated nonstate mental health institution, modification or vacation of the order by the commissioner or the commissioner's designee; or (3) An alteration or stay of the order entered by the Superior Court after reviewing the entry of the order by the clinical review panel on appeal under paragraph F . [PL 2011, c. 657, Pt. DD, §3 (AMD).] F. The provisions of this paragraph apply to the review and appeal of an order of the clinical review panel entered under paragraph B . (1) The order of the clinical review panel at a state mental health institute is final agency action that may be appealed to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. (2) The order of the clinical review panel at a designated nonstate mental health institution may be reviewed by the commissioner or the commissioner's designee upon receipt of a written request from the patient submitted no later than one business day after the patient receives the order of the clinical review panel. Within 3 business days of receipt of the request for review, the designated nonstate mental health institution shall submit the full clinical review panel record to the commissioner or the commissioner’s designee. Within 3 business days of receipt of the request for review, the patient and the designated nonstate mental health institution may submit written arguments to the commissioner or the commissioner's designee. The commissioner or the commissioner's designee shall review the full clinical review panel record and any written arguments submitted pursuant to this subparagraph for abuse of discretion, error of law or findings not supported by substantial evidence in the record. Within 3 business days of the receipt of the full clinical review panel record and any written arguments, the commissioner or the commissioner’s designee shall issue a decision. The decision of the commissioner or the commissioner's designee may affirm the order, modify the order or vacate the order. The decision of the commissioner or the commissioner's designee takes effect one business day after the commissioner or the commissioner's designee issues a written decision. The decision of the commissioner or the commissioner's designee is final agency action that may be appealed to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure. [PL 2021, c. 165, §1 (AMD).] [PL 2021, c. 165, §1 (AMD).]

4. Emergency involuntary treatment. Nothing in this section precludes a medical practitioner from administering involuntary treatment to a person who is being held or detained by a hospital against the person's will under the provisions of this subchapter, if the following conditions are met: A. As a result of mental illness, the person poses a serious and immediate risk of harm to that person or others; [PL 2015, c. 309, §1 (NEW).] B. The person lacks the decisional capacity either to provide informed consent for treatment or to make an informed refusal of treatment; [PL 2015, c. 309, §1 (NEW).] C. A person legally authorized to provide consent for treatment on behalf of the person is not reasonably available under the circumstances; [PL 2015, c. 309, §1 (NEW).] D. The treatment being administered is a currently recognized standard of treatment for treating the person's mental illness and is the least restrictive form of treatment appropriate in the circumstances; [PL 2015, c. 309, §1 (NEW).] E. For purposes of evaluation for emergency involuntary treatment, the medical practitioner considers available history and information from other sources, including, but not limited to, family members, that are considered reliable by the examiner; and [PL 2015, c. 309, §1 (NEW).] F. A reasonable person concerned for the welfare of the person would conclude that the benefits of the treatment outweigh the risks and potential side effects of the treatment and would consent to the treatment under the circumstances. [PL 2015, c. 309, §1 (NEW).] [PL 2015, c. 309, §1 (NEW).]