An Act To Amend the Laws Pertaining to the Department of Corrections
Maine Legislature, Session 121, LD 1497
Committee: Criminal Justice and Public Safety
Sponsors: BUNKER, STRIMLING, CHURCHILL, GERZOFSKY, LESSARD, MAIETTA
Amends: 5 MRSA §9057, 15 MRSA §1105, 15 MRSA §3009, 17-A MRSA §752-A, 17-A MRSA §1231, 17-A MRSA §1253, 20-A MRSA §6001-B, 34-A MRSA §1203, 34-A MRSA §3003, 34-A MRSA §3036, 34-A MRSA §3036-A, 34-A MRSA §5404

Legislative Document 
No. 1497 
H.P.1094 
House of Representati ves, March 31, 2003 
An Act To Amend the Laws Pertaining to the Department of 
Corrections 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
17/~ 
'frl.11!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BUNKER of Kossuth Township. 
Cosponsored by Senator STRIMLING of Cumberland and 
Representatives: CHURCHILL of Washburn, GERZOFSKY of Brunswick, LESSARD of 
Topsham, MAIETTA of South Portland. 
Printt:d on recycled puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §9057, sub-§6, as amended by PL 1997, c. 271, 
§l, is further amended to read: 
6. 
Confidential information. 
Information may be disclosed 
that is confidential pursuant to Title 22, chapters 958-A and 
1071 and sections 7703 and 1828; Title 24, section 2506; 
and 
Title 34-A, except for information, the disclosure of which is 
absolutely prohibited 
under 
Title 
34-A, 
section 
6996 
1216. 
Disclosure may be only for the determination of issues involving 
unemployment 
compensation 
proceedings 
relating 
t.o 
a 
state 
employee, 
state agency personnel actions 
and professional or 
occupational board licensure, certification or registration. 
A. 
For the purpose of this subsection, "hearing officer" 
means 
presiding 
officer, 
judge, 
board 
ebai~ffiaB 
chair, 
arbitrator or any other person considered responsible for 
conducting 
a 
proceeding 
or 
hearing 
subject 
to 
this 
subsection. 
In the case of the Civil Service Appeals Board, 
the presiding officer is the entire board. 
"l~mployees of 
the agency" means employees of a state agency or department 
or members, agents or employees of a board who are directly 
related to and whose official duties involve the matter at 
issue. 
B. 
The confidential information disclosed pursuant to this 
subsection is subject to the following limitations: 
(1) 
The hearing officer determines that introduction 
of the confidential information is necessary for the 
determination of an issue before the hearing officer; 
(2) 
During 
the 
introduction 
of 
confidential 
information, the proceeding is open only to the hearing 
officer, 
employees of the agency, 
parties, parties' 
representatives, 
counsel 
of 
record 
and 
the 
witness 
testifying regarding the information, and access to the 
information is limited to these people. 
Disclosure is 
limited to information directly related to the matter 
at issue; 
(3) 
Witnesses are sequestered 
of 
confidential 
information, 
testimony at the proceeding; 
during the introduction 
except 
when 
offering 
(4) 
The 
names 
or 
identities 
of 
rE!porters 
of 
confidential information or of other persons may not be 
disclosed, 
except 
when 
disclosure 
is 
determined 
necessary and relevant by the hearing officer; and 
Page l-LR196l(1) 
(5) 
After hearing, 
sealed within 
the 
the confidential 
record 
and 
may 
disclosed, except upon order of court. 
information is 
not 
be 
further 
Sec. 2. 15 MRSA §1105, as enacted by PL 2001, c. 318, §1, is 
amended to read: 
SII05. Alcohol and drug treatment program 
As 
a condition of post-conviction release, the court may 
impose the condition of participation in an alcohol and drug 
treatment program for a period not to exceed 24 months pursuant 
to Title 4, 
chapter 
8. 
Upon 
request of 
the 
Department of 
Corrections, 
the court shall require the defendant to pay a 
substance abuse testing fee. 
If at any time the court finds 
probable cause that a defendant released with a condition of 
participation in 
an 
alcohol 
and 
drug 
treatment 
program 
has 
intentionally 
or 
knowingly 
violated 
any 
requirement 
of 
the 
defendant's 
participation 
in 
the 
alcohol 
or 
drug 
treatment 
program, the court may suspend the order of bail for a period of 
up to 7 days for any such violation. 
The defendant must be given 
an opportunity to personally address the court prior to the 
suspension of an order of bail under this section. 
A period of 
suspension of bail is a period of detention under Title l7-A, 
section 1253, subsection 2. 
This section does not restrict the 
ability of the court to take actions other than suspension of the 
order of bail for the violation of a condition of participation 
in an alcohol and drug treatment program or the ability of the 
court to entertain a motion to revoke bail under section 1098 and 
enter any dispositional order allowed under section 1099-A. 
If 
the court orders participation in a drug and alcohol treatment 
program under this section, 
upon 
sentencing the court shall 
consider whether there has been compliance with the program. 
Sec. 3. 15 MRSA §3009, sub-§2, as enacted by PL 2001, c. 452, 
§1, is amended to read: 
2. 
Release 
of 
information. 
Upon 
the 
request 
of 
the 
superintendent or the superintendent's designee under subsection 
1, 
the Department of Corrections shall release information as 
authorized 
under 
section 
3308, 
subsection 
7, 
paragraph 
B-1, 
subparagraph (3) and Title 34-A, section 6996 1216, subsection 1, 
paragraph F to be used by the reintegration team. 
Information 
received pursuant to this subsection is confidential and may not 
be further disseminated, except as otherwise provided by law. 
Sec. 4. 17-A MRSA §752-A, sub-§I, ,B, as amended by PL 1983, 
c. 408, §1, is further amended to read: 
B. 
While 
in custody 
iR--a--peRa*--iRs6i6~6ieR--eF--e6ReF 
~aeility pursuant to an arrest or pursuant to a court order, 
Re the person commits an assault on a corrections officer, 
corrections supervisor or another member of the staff of tRe 
an 
institution 
eF--~aeility while 
the 
staff 
member 
is 
performing official duties. 
As 
used 
in this 
paragraph 
"assault" means the crime defined in section 207, subsection 
1, paragraph A. 
Sec. 5. 17-A MRSA §1231, sub-§6, as enacted by PL 
1999, c. 
788, §7, is amended to read: 
6. 
The court may revoke a period of supervised release 
pursuant to section 1233. 
If the court revokes 
a period of 
supervised release, the court may require the person to serve 
time 
in 
prison 
under 
the 
custody 
of 
the 
Department 
of 
Corrections. 
This time in prison may equal all or part of the 
period of supervised release, without credit for time served on 
post-release supervision, but may not exceed 1/3 of the straight 
term of 
imprisonment 
imposed. 
The 
remaining portion of 
the 
period of supervised release that is not required to be served in 
prison remains in effect to be served after the person's release 
and is subject to revocation at a later date. 
Sec. 6. 17-A MRSA §1253. sub-§2, as amended by PL 1997, c. 
464, §4, is further amended to read: 
2. 
Each person sentenced to imprisonment who ha.s 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 awaiting trial, during trial, post-trial awaiting 
sentencing or post-sentencing prior to the date on which the 
sentence commenced to run ei ther 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 
deduction 
specified by this subsection, a "day" means 24 hours. 
The total term 
reduced 
by the 
required under the 
total deduction of 
sentence of imprisonment 
this subsection prior 
is 
to 
applying any of the other deductions specified in this section or 
in Title 30-A, section 1606. 
~Be-a~~G££ey-~~~~~~~~-SEaEe-6aaJJ-~~~~~~~~~~r-aE 
EBe-~4me-~-~~~~~-wiEBiB-JQ-~~~~~~r-&-sEaEemeB~ 
sBewiB~-~he-~~~-~~~~-~Bis-6~h6e€~4eB7-~~~~-~~&~-iB 
~imeT-aBQ-~~~~~~&~-Be-a~~a€heQ-~~~~~~~iG~~-FeeeFQS 
e~-~ae-eemmi~meB~T 
The sheriff or other person upon whom the legal duty is imposed 
to deliver a sentenced person who 
is-eR~4~JeQ-~~~~QG~~&-~eF 
a--peFieQ--e~--Qe~eB~ieB--pes~-seB~eBeiB~ has 
been detained 
as 
specified in this subsection shall, at the time of delivery, 
furnish to the custodian a statement showing the length of that 
pes~-seB~eBeiB~ detention. 
In addition, the transporter shall 
furnish to the sentencing court the same statement that must be 
attached to the official records of the commitment. 
Sec. 7. 20-A MRSA §l055, sub-§12, as enacted by PL 2001, c. 
452, §4, is amended to read: 
12. 
Reintegration team. 
Within 10 days after receiving 
information from the Department of Corrections pursuant to Title 
15, 
section 
3009, 
the 
superintendent 
shall 
convene 
a 
reintegration team to carry out reintegration planning pursuant 
to section 254, 
subsection 12. 
The 
reintegration team must 
consist of the administrator of the school or the administrator'S 
designee; at least one classroom teacher to whom the student will 
be assigned or who is involved in the school's student assistance 
team; 
a parent, guardian or custodian of the student; 
and a 
guidance 
counselor. 
The 
reintegration 
team 
is 
entitled 
to 
receive the information described in Title 15, 
section 3308, 
subsection 7, paragraph B-1, subparagraph (3) 
and Title 34-A, 
section agga 1216, subsection 1, paragraph F. 
The reintegration 
team shall also determine, on the basis of need, which school 
employees may receive that information. 
Confidentiality of the criminal justice information regarding 
juveniles must be ensured at all times and the information may be 
released by a member of the reintegration team only under the 
conditions of this subsection. 
The superintendent shall ensure 
that confidentiality training is provided to all school employees 
who have access to the information. 
Sec. 8. 20-A MRSA §6001-B, sub-§3-A, as enacted by PL 2001, c. 
452, §14, is amended to read: 
3-A. 
Determination of status 
admission; discretion of school to 
receiving school administrative unit 
of juvenile applying for 
accept juvenile. 
If the 
receives information under 
Title 15, section 3308, subsection 7, paragraph B-1, subparagraph 
(3) and Title 34-A, section 6QQ6 1216, subsection 1, paragraph F 
that a 
student is not in compliance with a 
condition of an 
individualized plan for the juvenile's rehabilitation and that 
condition is relevant to the juvenile's reintegration into the 
school, 
the 
rece1v1ng 
school 
administrative 
unit 
may 
deny 
admission or participation in public school programs, facilities 
or 
activities 
as 
part of 
an 
equivalent 
instruction 
program 
pursuant to section 5021 until the school administrative unit is 
satisfied that the condition has been met. 
Sec. 9. 34-A MRSA §1203, sub-§5, ,B, as enacted by PL 1983, c. 
459, §6, is amended to read: 
B. 
The 
records 
and 
accounts 
may 
be 
released 
only 
as 
provided in section 6996 1216. 
Sec. 10. 34-A MRS A §1216 is enacted to read: 
§1216. Confidentiality of information 
1. 
Limited disclosure. 
All orders of commitment, medical 
and administrative records, applications and reports, and facts 
contained in them, pertaining to any person rece1v1ng services 
from the department must be kept confidential and may not be 
disclosed by any person, 
except that public records must be 
disclosed in accordance with Title 1, 
section 408; 
criminal 
history record information may be disseminated in accordance with 
Title 16, chapter 3, subchapter 8; and documents other than those 
documents pertaining to information obtained by the department 
for the purpose of evaluating a client's ability to participate 
in a community-based program or from informants in a correctional 
or detention facility for the purpose of determining whether 
facility rules have been violated or pertaining to a victim's 
request for notice of release may, 
and must upon request, 
be 
disclosed: 
A. 
To any person if the person rece1v1ng services, that 
person's legal guardian, if any, and, if that person is a 
minor, that person's parent or legal guardian give informed 
written consent to the disclosure of the documents referred 
to in this subsection after being given the opportunity to 
review the documents sought to be disclosed; 
B. 
To 
any state agency if necessary to carry out the 
statutory functions of that agency; 
C. 
If ordered by 
a 
court of 
record, 
subject 
to 
any 
limitation in the Maine Rules of Evidence, Rule 503; 
D. 
To any criminal justice agency if necessary to carry out 
the administration of criminal justice or the administration 
of juvenile criminal justice or for criminal justice agency 
employment; 
E. 
To persons engaged in research if: 
(1) 
The 
research plan is first 
submitted 
to 
and 
approved by the commissioner; 
(2) 
The disclosure is approved by the commissioner; and 
(3) 
Neither original records nor identifying data are 
removed from the facility or office that prepared the 
records. 
The commissioner and the person doing the research shall 
preserve the anonymity of the person receiving services from 
the department and may not disseminate data that refer to 
that person by name or number or in any other way that might 
lead to the person's identification; or 
F. 
To 
persons who directly supervise or report on the 
health, 
behavior 
or 
progress 
of 
a 
juvenile, 
to 
the 
superintendent 
of 
a 
juvenile'S 
school 
and 
the 
superintendent's designees and to agencies that are or might 
become responsible for the health or welfare of a juvenile 
if the information is relevant to and disseminated for the 
purpose of creating or maintaining an individualized plan 
for the juvenile's rehabilitation, including reintegration 
into the school. 
Notwithstanding any other provl.sl.on of law, the department may 
release the names, dates of birth and social security numbers of 
juveniles 
receiving 
services 
from 
the 
department 
and, 
if 
applicable, eligibility numbers 
and the dates on which those 
juveniles received services to the Department of Human Services 
for the sole purpose of determining eligibility and billing for 
services under federally 
funded programs 
administered by the 
Department of Human Services 
and provided by or through the 
department. 
The department may also release to the Department of 
Human Services information required for and to be used solely for 
audi t purposes, consistent with federal law, for those services 
provided by or 
through the department. 
Department of 
Human 
Services personnel must treat this information as confidential in 
accordance with federal and state law and must return the records 
when their purpose has been served. 
2. 
Release 
of 
certain 
information 
to 
victims. 
Notwithstanding subsection 1, upon the request of a person who 
was the victim of a crime for which a client was inci:Lrcerated, as 
verified by the 
department or 
the prosecuting attorney, 
the 
department shall disclose the following information to the victim: 
A. Whether the client has been charged with committing any 
crime while incarcerated and, if so, the crime with which 
the client has been charged; and 
B. 
Whether 
the 
client 
has 
been 
disciplined 
while 
incarcerated 
and, 
if so, 
the 
offense 
for 
which 
the 
disciplinary action was taken and the type of disciplinary 
action taken. 
3. 
Civil violation. 
A person who discloses information in 
violation of this section commits a civil violation for which a 
fine not to exceed $1,000 may be adjudged. 
4. 
Disclosure of confidential information. 
The disclosure 
of confidential information as provided by this section is also 
governed by Title 5, section 9057, subsection 6. 
5. 
Disclosure of information. 
Nothing in this section 
permits or reg:uires the disclosure of information to the extent 
it is designated confidential by another provision of law. 
6. 
Assessment tools. 
Documents in the possession of the 
department used to screen or assess clients, including, but not 
limited to, g:uestionnaires and test materials, are not public 
records for purposes of Title 1, chapter 13, subchapter 1. 
The 
department shall release these documents on reg:uest to any other 
state agency if necessary to carry out the statutory functions of 
that agency and to any committee or study commission established 
by the Legislature with authority to examine issues related to 
mental health. 
Sec. 11. 34-A MRSA §3003, as amended by PL 2001, c. 452, §15, 
is repealed. 
Sec. 12. 34-A MRSA §3036, as amended by PL 1999, c. 583, §13, 
is repealed. 
Sec. 13. 34-A MRSA §3036-A, sub-§10, as enacted by PL 2001, c. 
141, §2, is amended to read: 
10. 
Terminally ill prisoner. 
Wi th the 
consent of the 
prisoner, the commissioner may permit a prisoner committed to the 
department to be transferred from 
a 
correctional facility to 
supervised community confinement without meeting the requirements 
of subsection 2, paragraphs Band C if the facility's treating 
physician has determined that the prisoner is terminally ill and 
that care outside the correctional facility for the remainder of 
the prisoner's illness is medically BeeeSSaf'Y appropriate. 
The 
prisoner shall live in a 
hospital or other appropriate care 
facility, 
such 
as 
a 
nursing 
facility 
or 
residential 
care 
facility, 
approved by the commissioner. 
As 
approved by 
the 
commissioner, the prisoner may receive hospice services from an 
entity licensed pursuant to Title 22, chapter 1681, subchapter ± 
1. 
The 
commissioner 
may 
exempt 
a 
prisoner 
transferred 
to 
supervised community confinement pursuant to this subsection from 
any mandatory condition under subsection 3 that the commissioner 
determines to be inapplicable. 
I 
Sec. 14. 34-A MRS A §5404, sub-§2, ,B, as amended by PL 1995, 
c. 502, Pt. F, §37, is further amended to read: 
B. 
Arrest and return to a correctional facility persons 
released from the correctional facility under section 3035 
ef'--~G~e or transferred from 
the facility under 
section 
3036-A; and 
Sec. 15. 34-A MRSA §5404, sub-§3, ,B, as amended by PL 1995, 
c. 502, Pt. F, §38, is further amended to read: 
B. 
Supervise persons released from a correctional facility 
under section 3035 ef'-JG~e and supervise persons transferred 
to supervised community confinement under section 3036-A if 
the commissioner directs; 
SUMMARY 
This bill provides that, upon the request 
of Corrections, an adult in the drug court is 
substance testing fee. 
This 
1S similar to 
applies to adult probationers under the Maine 
Title 17-A, section 1204. 
of the Department 
required to pay a 
a 
provision that 
Revised Statutes, 
The bill also amends the supervised community confinement 
program 
to 
allow 
release 
to 
a 
hospice 
when 
medically 
appropriate. 
Present language is too restrictive, as it requires 
hospice care to be medically necessary. 
The bill also specifies that the sheriff is to directly 
provide all jail time credits to the department. 
Currently, 
post-sentencing j ail time credits are directly provided by the 
sheriff, but presentence jail time credits are provided by the 
prosecutor, who receives this information from the sheriff and 
relays the information to the correctional facility. 
This change 
eliminates 
a 
step 
in 
the 
process 
and 
makes 
the 
flow 
of 
information more efficient and timely. 
The bill also replaces the Maine Revised Stat:utes, Title 
34-A, section 3003 with Title 34-A, section 1216. 
This provision 
applies to probationers as well as prisoners, so it does not 
belong in the Part of the Title that covers only correctional 
facilities. 
The language of the provision is not changed. 
The bill deletes the Maine Revised Statutes, Title 34-A, 
section 
3036 
pertaining to 
halfway houses; 
this 
section is 
obsolete and unnecessary. 
The 
department has other ways 
of 
providing this service. 
The bill also fixes cross-references to reflect the sections 
of law repealed by this bill.