An Act To Improve the Operations of the Department of Corrections and the Safety of State Correctional Facilities
Maine Legislature, Session 121, LD 1764
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, HATCH, CRAVEN, DUDLEY, LESSARD, PARADIS, SMITH
Amends: 15 MRSA §3101, 15 MRSA §3203-A, 15 MRSA §3306-A, 17-A MRSA §1204, 17-A MRSA §1253, 17-A MRSA §1326-D, 20-A MRSA §1, 34-A MRSA §3032, 34-B MRSA §6205, 30-A MRSA §156, 34-A MRSA §3031-B, 34-A MRSA §3069, 34-A MRSA §9872, 34-A MRSA §9885, 34-A MRSA §9902

Legislative Document 
No. 1764 
H.P.1286 
House of Representatives, December 22,2003 
An Act To Improve the Operations of the Department of 
Corrections and the Safety of State Correctional Facilities 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17,2003. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative BLANCHETTE of Bangor. 
Cosponsored by Senator HATCH of Somerset and 
'77/~ /J7.7l/~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRAVEN of Lewiston, DUDLEY of Portland, HATCH of Skowhegan, 
LESSARD of Topsham, McGOW AN of Pittsfield, PARADIS of Frenchville, SMITH of 
Monmouth, W ALCOn of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 15 MRSA §3101, sub-§4, lIE-l, as amended by PL 1997, 
c. 645, §5, is further amended to read: 
E-l. 
If the Juvenile Court binds the juvenile over to 
Superior Court, the court may direct detention of any such 
juvenile who is to be detained in a section of a jail that 
is used primarily for the detention of adults when it finds 
by clear and convincing evidence that: 
(1) 
The 
juvenile's 
behavior 
presents 
an 
imminent 
danger of harm to that juvenile or to others; and 
(2) 
There is not a 
less restrictive alternative to 
detention in an adult section that serves the purposes 
of detention. 
In determining whether the juvenile's behavior presents 
a danger to that juvenile or others, the Juvenile Court 
shall consider, among other factors: 
(a) 
The 
nature 
of 
and 
the 
circumstances 
surrounding the offense with which the juvenile is 
charged, 
including 
whether 
the 
offense 
was 
committed in an aggressive, violent, premeditated 
or intentional manner; 
(b) 
The 
record 
and 
previous 
history 
of 
the 
juvenile, 
including 
the 
juvenile's 
emotional 
attitude and pattern of living; and 
(c) 
If applicable, 
the juvenile's behavior and 
mental condition during any previous and current 
period of detention or commitment. 
The 
Juvenile 
Court 
shall direct detention 
of 
any 
such 
juvenile who is to be detained in an adult section of a jail 
when that person has attained 18 years of age. 
Sec. A-2. 15 MRSA §3203-A, sub-§5-A is enacted to read: 
5-A. 
Nell' ordeJ;. 
If the Juvenile Court orders detention 
pursuant 
tQ_subs~J;.J;,ion 5, 
the court shall review that order 
within 10 days and may enter a new order in accordance with this 
section. 
Page l-LR2623(1) 
• 
Sec. A-3. 15 MRSA §3306-A. as amended by PL 2001, c. 696, 
§2, is further amended to read: 
§3306-A. Release or detention at first appearance 
At the juvenile's first appearance or at any subsequent 
appearance before the court, the court may order, pending further 
appearances 
before 
the 
court, 
the 
juvenile's 
unconditional 
release, 
conditioned release or detention in accordance with 
section 3203-A. 
Unless the court orders otherwise, any juvenile 
put on conditional release by a juvenile community corrections 
officer remains on conditional release until disposition. 
Detention may not be ordered unless a Juvenile Court Judge 
or justice of the peace has 
determined pursuant to 
section 
3203 A, subsection 4 A, 
the Juvenile Court has determined at a 
prior 
appearance 
or 
the 
Juvenile 
Court 
determines 
at 
the 
appearance that there is probable cause to believe that the 
juvenile has committed a juvenile crime. 
When a court orders detention or a conditional release that 
authorizes 
even 
temporarily 
the 
juvenile's 
removal 
from 
the 
juvenile's home or when a court allows 
a 
conditional release 
ordered 
by 
a 
juvenile 
community 
corrections 
officer 
that 
authorizes, 
even temporarily, 
the juvenile's removal 
from the 
juvenile's home to remain in effect, the court shall determine 
whether reasonable efforts have been made to prevent or eliminate 
the need for removal of the juvenile from the juvenile's home or 
that no reasonable efforts are necessary because of the existence 
of an aggravating factor as defined in Title 22, section 4002, 
subsection l-B, and whether continuation in the juvenile's home 
would 
be 
contrary 
to 
the 
welfare 
of 
the 
juvenile. 
This 
determination does not affect whether the court orders detention 
or 
a 
conditional release or allows 
a 
conditional release to 
remain in effect, which continues to be governed by section 
3203-A. 
Sec. A-4. 17-A MRSA §1204. sub-§I-B. as amended by PL 1995, c. 
502, Pt. F, §12, is further amended to read: 
I-B. 
Upon the request of the Department of Corrections, the 
court shall attach as a condition of probation that the convicted 
person pay, through the department, an electronic monitoring fee, 
a substance testing fee or both, as determined by the court, for 
the term of probation. 
In determining the amount of the fees, 
the court shall take into account the financial resources of the 
convicted person 
and 
the 
nature 
of 
the 
burden 
the 
payment 
imposes. 
A person may not be sentenced to imprisonment without 
probation solely for the reason the person is not able to pay the 
fees. 
When a person on probation fails to pay the fees, 
the 
court may revoke probation as specified in section 1206, unless 
the person shows that failure to pay was not attributable to a 
willful refusal to payor to a failure on that person's part to 
make a good faith effort to obtain the funds required for the 
payment. 
The 
court, 
if it 
determines 
that 
revocation 
of 
probation is not warra.nted, shall issue a judgment for the total 
amount of the fees and shall issue an order attaching a specified 
portion of money received by or owed to the person on probation 
until the total amount of the fees has been paid. 
If the person 
makes this showing, 
the court may 
allow additional time for 
payment wi thin the remaining per iod of probation or reduce the 
size of the fees, but may not revoke the requirement to pay the 
fees unless the remaining period of probation is 
days or 
less. 
Fees received from probationers must be deposited into the 
department's 
Ge~~ee~~eaa±---P~e~~affi---*ffi~~eveffiea~---~Qaa 
adult 
community corrections account, except that when authorized by the 
Department of Corrections, a person on probation may be required 
to pay fees directly to a provider of electronic monitoring, 
substance testing or other services. 
Funds from this account, 
which may not lapse, must be used to defray costs associated with 
the purchase and operation of electronic monitoring and substance 
testing programs. 
Sec. A-5. 17-A MRSA §1253, sub-§2, as amended by PL 2003, c. 
205, §6, is further amended to read: 
2. 
Each person sentenced to imprisonment who has previously 
been detained for the conduct for which the sentence is imposed 
in any state facility or county institution or facility or in any 
local lockup awaitinq trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which the 
sentence commenced to run either to await transportation to the 
place of imprisonment specified, or pursuant to court order, and 
not 
in execution 
of 
any 
other 
sentence 
of 
confinement, 
is 
entitled to receive a day-for-day deduction from the total term 
of imprisonment required under that sentence. 
Each person is 
entitled to receive the same deduction for any such period of 
detention in any federal, 
state or county institution, 
local 
lockup or similar facility in another jurisdiction, including any 
detention 
resulting 
from 
being 
a 
fugitive 
from 
justice, 
as 
defined by Title 15, section 201, subsection 4, unless the person 
is simultaneously being detained for non-Maine conduct. 
For 
the 
purpose 
of 
calculating 
the 
day-for-day 
specified by this subsection, a "day" means 24 hours. 
deduction 
The total term required under the sentence of imprisonment is 
reduced 
by 
the total deduction of this 
subsection prior to 
applying any of the other deductions specified in this section or 
in Title 30-A, section 1606. 
.. 
• 
~ae If req:uested by the court, the attorney representing this 
State shall i;1:U':aisa inform the court, at the time of sentencing 
eF--w.i.-t-b4.n--;b~--4ay-&--&ReFeai;1;eF, a--s-t-a-t-emen-t--saewi-:a43 of the total 
deduction of this subsectionT to that point in 
timeT-~-t.ae 
sea1;effie:a1;--ffiys1;--ee--attaeaee--ee--eae--ei;i;ieia;b--FeeeFes--ei;--tae 
eeffiffiitffie:at. 
The sheriff or other person upon whom the legal duty is imposed 
to deliver a sentenced person who has been detained as specified 
in this subsection shall, within 30 days of delivery, furnish to 
the custodian a statement showing the length of that detention. 
In addition, the transporter shall furnish to the attorney for 
the 
State 
the 
same 
statement. 
The 
custodian shall 
use 
the 
statement furnished to determine the day-for-day deduction to 
which the person is entitled, if any, unless, within 15 days of 
its receipt, 
the attorney for 
the State furnishes 
a 
revised 
statement to the custodian. 
Sec. A-6. 17-A MRSA §1326-D is enacted to read: 
§1326-D. 
Victim unable to be located 
If the location of a victim can not, with due diligence, be 
ascertained, the money collected as restitution must be forwarded 
to the Treasurer of State to be handled as unclaimed property. 
Sec. 'A-i. 20-A MRSA §1, sub-§34-A, ,E, as enacted by PL 1997, 
c. 326, §l and amended by PL 2001, c. 439, Pt. G, §6, is further 
amended to read: 
E. 
In 
the 
custOdy 
or 
under 
the 
supervision 
of 
the 
Department of Corrections, including, but not limited to, a 
juvenile 
on 
conditional 
release, 
an 
informally 
adjusted 
juvenile, a probationer or a juvenile on ai;eeFsaFe community 
reintegration status from the Long Creek Youth Development 
Center or the Mountain View Youth Development Center and who 
is 
placed, 
for 
reasons 
other 
than 
educational 
reasons, 
pursuant to 
a 
court order or with the agreement of 
an 
authorized agent of the Department of Corrections, outside 
the juvenile's home. 
Sec. A-8. 34-A MRSA §3032, sub-§5-A, 'B-1 is enacted to read: 
B-1. 
A prisoner or juvenile who is discharged from the 
facility remains liable for any restitution authorized under 
this chapter. 
If the prisoner or juvenile is returned to 
the custody of the department, 
any facility in which the 
prisoner or juvenile resides shall collect the restitution 
and ensure that it is used to defray the costs as set out in 
this chapter. 
Sec. A·9. 34·A MRS A §3805, as amended by PL 200L c. 354, 
§3, is further amended to read: 
§3805. Detention and (:onmitment 
1. 
Eligibility. 
Only a juvenile, as defined 
~n Title 15, 
section 3003, subsection 14, who is 11 years of age or older at 
the time of commitment may be committed to the facility pursuant 
to this subchapter and Title 15, Part 6. 
2. 
Limitations. 
A person 
may 
not 
be 
detained at 
or 
committed to the facility who is aline-eF-wae-is-a-~£e~eF-SyajeeE 
eligible for any residential services provided by or through the 
Department of Behavioral and Developmental Services. 
3. 
Certification. 
When 
committed to the facility, 
the 
commitment shall certify on the 
parentage and legal residence. 
a 
person 
is 
detained 
at 
or 
court making the detention or 
mittimus the person's birthplace, 
Sec. A·10. 34·A MRSA §3809·A, sub·§3, as amended by PL 2003, 
c. 410, §15, is further amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a 
juvenile client or juvenile detainee that a 
guardian has over a ward and that a parent has over a child with 
regard 
to 
necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
~n 
a 
nons tate 
mental 
health 
institution 
or 
hospital for the mentally ill. 
If a juvenile client or juvenile 
detainee 
is 
or 
becomes 
years 
of 
age 
while still under 
commitment or while still detained, the statutory guardianship of 
the commissioner over the juvenile client or juvenile detainee 
terminates, but the juvenile client or juvenile detainee remains 
subject to the control of the commissioner and staff and rules of 
the facility until the expiration of the period of commitment or 
until release or discharge from the facility. 
Nothing in this 
SUbsection may be construed to override the requirement to make 
application for psychiatric hospitalization in accordance with 
T~tle 34-B, section 3863, unless hospitalization is made with the 
juvenile client's or juvenile detainee's consent in accordance 
with Title 
34-B, 
section 
3831. 
'±ae--eemmissieneF--may--make 
app±iea~ien--~~--~~--psyeaia~Fie--~~~~~~~~~~~--~~--a 
j b\veni 1e - eet:aiRee.., - -iL-R-€~-Y.-di~- -OO-sp-i-t-a-l-i~-i-{Hl- -in- -a- -n9n&t=at=e -mental 
ae alEa- - -i-n&t-i~-u-t.,j.:€H}-' - -G-F- - - ae6~i~al- - .cf-or- - -t=ae - - ffie-R-t.~~~7'- - -i-1-1-,- - - is 
aeeeFeanee-wi~a-±i~le-i4-8T-seeEien-ig§iT 
• 
§42 
Sec. A·ll. 34·A MRSA §4104, as 
and PL 2001, c. 354, §3 and c. 
amended by PL 1999, 
439, Pt. G, 
§8, is 
c. 583, 
further 
amended to read: 
§4104. Detention and commitment 
I-A. 
Eligibility. 
Only a juvenile, as defined in Title 15, 
section 3003, subsection 14, who is 11 years of age or older at 
the time of commitment may be committed to the Mountain View 
Youth Development Center pursuant to this subchapter and Title 
15, Part 6. 
2. 
Limitations. 
A person 
may 
not 
be 
detained at or 
commi tted to the Mountain View Youth Development Center who is 
.eliRe.--(H"--w.Re---ii:-s--a-¥-ope-r--sli.e:jee~ eligible for any residential 
services provided by or through the Department of Behavioral and 
Developmental Services. 
3. 
Certification. 
When 
committed to the Mountain View 
court ordering the detention or 
mittimus the person's birthplace, 
a 
person 
is 
detained 
at 
or 
Youth Development Center, 
the 
commitment shall certify on the 
parentage and legal residence. 
Sec. A·12. 34·A MRSA §4111, sub·§3, as amended by PL 2003, c. 
410, §19, is further amended to read: 
3. 
Psychiatric hospitalization. 
The commissioner has all 
the power over a 
juvenile client or juvenile detainee that a 
guardian has over a ward and that a parent has over a child with 
regard 
to 
necessary 
psychiatric 
hospitalization, 
including 
hospitalization 
in 
a 
nons tate 
mental 
health 
institution 
or 
hospital for the mentally ill. 
If a juvenile client or juvenile 
detainee 
is 
or 
becomes 
years 
of 
age 
while still under 
commitment or while still detained, the statutory guardianship of 
the commissioner over the juvenile client or juvenile detainee 
terminates, but the juvenile client or juvenile detainee remains 
subject to the control of the commissioner and staff and rules of 
the facility until the expiration of the period of commitment or 
until release or discharge from the facility. 
Nothing in this 
subsection may be construed to override the requirement to make 
application for psychiatric hospitalization in accordance with 
Title 34-B, section 3863, unless hospitalization is made with the 
juvenile client's or juvenile detainee's consent in accordance 
with 
Title 
34-B, 
section 
3831. 
~.Re--eemmissieReF--may--make 
appliea~ieR--~~--~r~--psye.Ria~Fie--~~~~~~~~~-~~--a 
:jliveRile-e.e~aiBee7-~££~~~~~~~~~~~~~-ReRs~a~e-meR~al 
.Real~.R--~~~~~~~-~~--Ae6pi~a~--~-(H"---~.Re--me£~a~~Y---~~~r--iR 
aeeeFe.aRee-wi~.R-~i~le-~4-8T-6ee~ieR-~8e~T 
Sec. A-l3. 34-B MRSA §6205, as amended by PL 1995, c. 560, 
Pt. K, §2, PL 1999, c. 401, Pt. J, §4 and PL 2001, c. 439, Pt. G, 
§6, is further amended to read: 
§6205. 
Services for juveniles committed to the 
youth development centers 
1. 
Department 
authority. 
The 
department 
may 
provide 
consultation services to any juvenile with mental retardation 
committed to the 
Long Creek Youth Development Center or the 
Mountain View Youth Development Center if those services are 
requested 
by 
the 
Commissioner 
of 
Corrections 
or 
the 
commissioner's 
designee. 
Consultation 
services 
may 
include 
participation by 
appropriate 
department professionals 
on 
the 
bliaieal--SeFviees Classification Committee 
of the 
Long 
Creek 
Youth Development Cent.er or the Classification Committee of the 
Mountain View Youth Development Center in order to assist in the 
design of individual treatment plans to provide habilitation, 
education and skill training to juveniles with mental retardation 
in residence at the Long Creek Youth Development Center or the 
Mountain View Youth Development Center. 
2. 
Support services. 
Whenever a program has been designed 
for a juvenile with mental retardation by the 
bliaiea±--~e£v4ees 
Classification Commi t1:ee 
of the 
Long 
Creek 
Youth 
Development 
Center or the Classification Committee of the Mountain View Youth 
Development 
Center 
and 
the 
eliaiea±---se£viees 
classification 
committee 
has 
included 
participation 
by 
the 
department 
professionals, the department shall provide, insofar as possible, 
support services to implement that program. 
3. 
Case 
management. 
The 
department 
may 
provide 
case 
management services to juveniles with mental retardation who are 
released from the Long Creek Youth Development Center or the 
Mountain View Youth Development Center. 
PARTB 
Sec. B-1. 30-A MRSA §156l. sub-§4. as enacted by PL 2003, c. 
461, §1, is amended to read: 
4. 
Limitation on reimbursement rate to medical service 
providers for services outside county jail. 
A county may pay to 
a provider of a medical service for 
a prisoner 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 prisoner outside 
the county jail. 
In the case of outpatient hospital services, 
this limitation is deemed to have been met if the county or its 
contracted medical provider pays a percentage, as determined by 
the Department of Human Services, of the published MaineCare rate. 
Sec. B·2. 34-A MRSA §3031-B is enacted to read: 
§3031-B. 
L~itation on reimburse~~~~~ate to medical service 
providers for services outside department facility 
Effective July 1, 
2004, 
the department or its contracted 
medical provider may pay to a provider of a medical service for a 
person residing in a correctional or detention facility an amount 
no 
greater 
than 
the 
reimbursement 
rate 
applicable 
to 
that 
Qrovider 
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. 
In 
the 
case 
of 
outpatient 
hospi~al 
services, this limitation is deemed to have been met if the 
department or its contracted medical provider pays a percentage, 
determined by the Department of Human Services, of the published 
MaineCare rate. 
Sec. B-3. 34-A MRSA §3069, sub-§I, as amended by PL 2003, c. 
482, Pt. B, §l, is further amended to read: 
1. 
InVOluntary. When 
aB-iBma~e a prisoner of a correctional 
e~-Qe~eR~ieR facility has been determined by a-€emFe~eB~-meei€a± 
aH~ae~i~y the 
facility's 
treating physician, 
psychiatrist 
or 
psychologist to require inpatient treatment for mental illness, 
the chief administrative officer of that facility shall make 
application in accordance with Title 34-B, section 3863. 
A. 
Any person with respect to 
whom 
an application and 
certification under Title 34-B, section 3863 are made may be 
admitted to either state mental health institute. 
B. 
Except 
as 
otherwise 
specifically 
provided 
in 
this 
section, Title 34-B, chapter 3, subchapter ±V ~, Article ±±± 
.l, is applicable to the person as if the admission of the 
person were applied for under Title 34-B, section 3863. 
C. 
A copy of the document by which the person is held in 
the facility must accompany the application for admission. 
D. 
If the sentence being served at the time of admission 
has not expired or commitment has not been terminated ln 
accordance with law at the time the person is ready for 
discharge from hospitalization, the person must be returned 
by the appropriate officers of the correctional or detention 
facility. 
E. 
Admission to a hospital under this section has no effect 
upon a sentence then being served or a commitment then in 
effect. 
The sentence continues to run and the commitment 
remains in force, unless terminated in accordance with law. 
Sec. B·4. PL 2001, c. 659, Pt. H, §1, 
is 
repealed 
and 
the 
following enacted in its place: 
Sec. H·l. Use of medications to treat mentally ill persons. 
The 
Department 
of 
Corrections 
formulary 
of 
medications 
to 
treat 
persons with mental illness must be comparable to the formulary 
used 
by 
the 
Statet~ mental 
health institutes 
and 
must 
be 
consistent with the MaineCare 
program. 
The 
department shall 
ensure that effective medications are available and used and that 
clinical care needs primarily govern the use of medications. 
Sec. B·5. Retroact:ivity. 
That section of this Part that enacts 
the Maine Revised Statutes, Title 34-A, section 3031-B applies 
retroactively to July 1, 2004. 
PARTe 
Sec. e·l. 17·A MRSA c. 54.E, as amended, is repealed. 
Sec. e·2. 34·A MRSA §5003, sub·§l. ~B, as amended by PL 1995, 
c. 502, Pt. F, §31, is further amended to read: 
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 
gBiEe~ffi--~~-~~--~~-~~-~a~€--Pa~e~ee 
S~pe~visieB 
Interstate 
Compact 
for 
Adult 
Offender 
Supervision and the Interstate Compact for Juveniles. 
Sec. e·3. 34·A MRS A §5003, sub.§2, ~B, as amended by PL 1995, 
c. 502, Pt. F, §31, is further amended to read: 
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 
gBiEe~ffi-~--B&~-Q~~-e~-S~a~€-~~~-S~pe~visieB Interstate 
Compact for Adult Offender Supervision and the Interstate 
Compact for Juveniles. 
Sec. e·4. 34·A MRSA c. 9, sub·c. 5, as amended, is repealed. 
• 
Sec. C-5. 34-A MRSA §9872, sub-§4, as enacted by PL 2003, c. 
495, §1, is amended to read: 
4. 
Compact administrator. 
"Compact administrator" 
means 
the individual in each compacting state appointed pursuant to the 
terms of this compact responsible for the administration and 
management of the state's supervision and transfer of offenders 
subject to the terms of this compact, the rules adopted by the 
interstate commission and policies adopted by the state council 
under this compact. 
The compact administrator for Maine is the 
Commissioner of Corrections or the commissioner's designee. 
Sec. C-6. 34-A MRSA §9885 and 9886 are enacted to read: 
§9885. 
Notification of law enforcement agencies 
Prior to the department's consideration of a request under 
this compact, the department shall notify the district attorney 
for the district in which the person will reside; the sheriff for 
the county in which the person will reside; the chief of police 
of any municipality in which the person will reside; 
and the 
Department of Public Safety. 
§9886. 
Violation of interstate compact for adult offender 
supervision 
A person is guilty of a Class D crime if that person, after 
being convicted of a crime and sentenced in a state that is a 
member of an interstate compact for adult offender supervision 
and subsequently released on probation or parole, resides in this 
State without complying with the requirements of the interstate 
compact as enacted by the sentencing state. 
Sec. C-7. 34-A MRSA §9902, sub-§3, as enacted by PL 2003, c. 
500, §1, is amended to read: 
3. 
Compact administrator. 
"Compact administrator" 
means 
the individual in each compacting state appointed pursuant to the 
terms of this compact responsible 
fOl 
t.he 
administration and 
management of the state's sllpervi"ion and transfer of juveniles 
subject to the 
terrn~ of this compact, the rules adopted by the 
interstate commission and policies adopted by the state council 
under this compact. 
The cOIllpact administr'ator for Maine is the 
Commissioner of Corrections or the commissioner's designee. 
Sec. C-8. 34-A MRSA sub-c. 8 is enacted to read: 
SUBCHAPTER 8 
Page lO-LR2623(1) 
STATE COUNCIL 
§9921. 
State Council for Juvenile and Adult Offender 
Supervision established 
The 
State 
Council 
for 
Juvenile 
and 
Adult 
Offender 
Supervision, referred to in this section as "the counciL" is 
established to provide oversight and guidance to the State's 
participation in 
the 
Interstate 
Compact 
for 
Adult 
Offender 
Supervision and the Interstate Compact for Juveniles. 
1. 
Membership. 
The council consists of at least 8 members 
as follows: 
A. 
One member of the Senate, appointed by the President of 
the Senate; 
B. 
One member of the House of Representatives, appointed by 
the Speaker of the House: 
C. 
Three members who are appointed by the Governor for a 
term of 4 years, or until a successor is appointed, and who 
are eligible for 
reappointment at the discretion of the 
Governor: 
(1) 
One prosecutor: 
(2) 
One 
representative 
of 
a 
statewide 
association 
representing victims of crime; and 
(3) 
One representative representing law enforcement; 
D. 
The compact administrators for the Interstate Compact 
for Adult Offender Supervision and the Interstate Compact 
for 
Juveniles, 
who 
may 
be 
designees 
appointed 
by 
the 
Commissioner 
of Corrections 
to administer the Interstate 
Compact for Adult Supervision and the Interstate Compact for 
Juveniles; 
E. 
The Associate Commissioner for Adult Services or the 
associate commissioner's designee: and 
F. 
The Associate Commissioner for Juvenile Services or the 
associate commissioner's designee. 
The 
council 
shall 
invite 
the 
Chief 
Justice 
of 
the 
Supreme 
Judicial Court to designate a trial judge to act as advisor to 
the council. 
SUMMARY 
Part A of the bill requires that a juvenile detention order 
be reviewed by the court within 10 days. 
The bill also changes 
the fund to which fees received from probationers are deposited 
to the adult community corrections account. 
The bill requires 
restitution collected for victims who can not be located to be 
forwarded to the Treasurer of State to be handled as unclaimed 
property. 
The bill clarifies that a person who is discharged 
from a facility is still liable for restitution ordered and if 
that person is remanded to another facility, 
the restitution 
collected must be used to defray the facility's costs. 
It also 
requires 
a 
bound-over 
juvenile who 
is to be detained to 
be 
detained with adults once that person becomes 18 years of age. 
It adds the requirement of a 
determination of probable cause 
before 
a 
juvenile may be detained to the initial appearance 
provision 
in 
the 
Maine 
Juvenile 
Code. 
It 
clarifies 
the 
limitations on juvenile detention and commitment. 
It changes the 
psychiatric provisions for juvenile detainees to be identical to 
the ones for committed juveniles. 
Part B of the bill limits the reimbursement rate for medical 
services 
provided 
outside 
the 
Department 
of 
Corrections 
facili ties to the MaineCare rate and ensures that medications 
used 
by 
the 
department 
are 
consistent 
with 
the 
MaineCare 
program. 
It adds a similar provision to the equivalent county 
jail statute. 
Part C of the bill establishes the state council required 
under the Interstate Compact for Adult Offender Supervision and 
the Interstate Compact 
for 
Juveniles; 
designates 
the 
compact 
administrators; and repeals the obsolete Interstate Compact for 
Out-of-State Parolee Supervision.